Tag: COVID-19

January 26, 2022

On Jan. 25, the federal Occupational Safety and Health Administration (OSHA) responded to the Supreme Court’s recent stay of its Emergency Temporary Standard (ETS) mandating COVID-19 vaccination or testing by releasing a rule that primarily does three things: (1) it […]

January 24, 2022

On Jan. 13, the U.S. Supreme Court reinstated the stay on the Federal Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS) on COVID-19 vaccination and testing, which required private-sector employers of 100 people, or more, to ensure workers […]

January 20, 2022

As we previously reported, the Centers for Disease Control and Prevention (CDC) updated its guidance to shorten its isolation and quarantine requirements. Joining other states and localities, on January 4, 2022, the New York State Department of Health (NYS DOH) […]

January 18, 2022

The omicron variant of COVID-19 is rampaging across the country. At the same time, it is apparent that Americans have no appetite for more harsh restrictions and mitigations. In short, that means you have a pretty high chance of catching […]

January 14, 2022

On January 13, 2022, the United State Supreme Court upheld the Department of Health and Humans Services (“HHS”) Centers for Medicare and Medicaid Services (“CMS”) COVID-19 vaccine mandate for staff working at Medicare-participating health care facilities. HHS/CMS had issued an […]

January 13, 2022

If an employee is fired for refusing to be vaccinated against COVID-19, in most cases they do not qualify for state unemployment compensation. Employers have broad latitude in setting work requirements for employees, and mandating vaccination is one of them. […]

January 11, 2022

California employers whose employees become infected with COVID-19 while in the workplace and pass the infection to family members can be sued in civil court for resulting injuries suffered by third parties. A California appellate court has ruled in the […]

January 7, 2022

On December 27, 2021, and January 4, 2022, the Centers for Disease Control and Prevention (“CDC”) issued updated guidance shortening both the recommended time individuals are required to isolate after contracting COVID-19 and the quarantine period for those exposed to […]

January 3, 2022

Broadly construed, economic security is the ability of people to meet their needs consistently. It is connected to the concept of economic well-being and also to the notion of the modern welfare state, a governmental entity that commits itself to […]

December 28, 2021

The COVID-19 infection rates dragged on in 2021, surging again with the delta variant at summer’s end and then the omicron variant at the end of autumn. Many employers chose to require COVID-19 vaccinations in the form of a “hard […]

December 28, 2021

U.S. Centers for Disease Control and Prevention (CDC) updated its recommendation for lengths of quarantine and isolation in light of what is currently known about COVID-19 and the Omicron variant. The CDC’s recommendations for both quarantine and isolation periods have […]

December 27, 2021

On November 18, 2021, Florida Governor DeSantis signed House Bill 1B into law, imposing a series of requirements on employers in the Sunshine State who seek to impose COVID-19 vaccination mandates on their workforce. The statute itself left employers grappling […]

December 21, 2021

A divided three-judge panel of the U.S. Court of Appeals for the 6th Circuit dissolved the 5th Circuit Court of Appeal’s stay of OSHA’s Emergency Temporary Standard (“ETS”) with respect to COVID-19 on Dec. 17, effectively reinstating the ETS stayed […]

December 17, 2021

Decisions over the past few days on Centers for Medicare and Medicaid Services (CMS) COVID-19 vaccination mandate litigation we previously reported[BB1] earlier this month may cause more confusion. The CMS vaccination rule, which includes original compliance deadlines of early January […]

December 16, 2021

An employee’s or job applicant’s COVID-19-related impairment may qualify as a disability under the Americans with Disabilities Act (ADA) even if the worker’s initial COVID-19 illness was not covered, according to updated guidance from the U.S. Equal Employment Opportunity Commission […]

December 10, 2021

Seeking “compromise” and following in the footsteps of other governors, Kansas Gov. Laura Kelly signed HB 2001 into law on Nov. 23, broadening exemptions from employer COVID-19 vaccine mandates, permitting the imposition of civil penalties against noncomplying Kansas employers, and […]

December 8, 2021

The legal status of the federal vaccination mandates for private employers has changed almost daily. As of this writing, nationwide preliminary injunctions are in effect for all three federal vaccination mandates applicable to private employers: Executive Order 14042 (EO 14042), […]

December 7, 2021

On December 1, we discussed a decision issued by the Eastern District of Kentucky enjoining implementation of President Biden’s Executive Order 14042 in Kentucky, Ohio, and Tennessee, querying whether similar challenges would likewise result in injunctive relief. As we portended, […]

December 7, 2021

Like most industries today, Consumer Finance Services businesses are being significantly impacted by the novel coronavirus (COVID-19). Troutman Pepper has developed a dedicated COVID-19 Resource Center to guide clients through this unprecedented global health challenge. We regularly update this site […]

December 2, 2021

As anticipated in our prior alerts, there have been continuing practical and legal challenges to implementing the Path Out of the Pandemic plan. This alert provides an update on the current status of challenges to OSHA’s Emergency Temporary Standard (ETS), […]