COVID-19 National Emergency Set to Expire
Both the COVID-19 National Emergency and Public Health Emergency are set to expire on May 11, 2023. The Public Health Emergency expirations impact COVID-era accommodations and mandates.
Can Employers Still Conduct COVID-19 Screening Tests? It Depends.
During the early stages of the pandemic, many employers implemented mandatory, periodic COVID-19 screening tests for all employees. At that time, the EEOC approved the testing, finding that it was always “job-related and consistent with business necessity”, which is the standard employers must meet to conduct medical examinations under the Americans with Disabilities Act (“ADA”).
California Reenacts COVID-19 Supplemental Paid Sick Leave
On February 9, 2022, California’s governor signed Senate Bill (SB) 114. The Bill restores California’s paid sick leave, which previously expired September 30, 2021. The agreement comes amid the omicron surge and the resulting labor shortage across the state’s workforce.
US Supreme Court Stays OSHA ETS
On January 13, 2022, in a 5-3 opinion, the U.S. Supreme Court stayed the Occupational Safety & Health Administration’s (“OSHA”) Emergency Temporary Standard (the “ETS”) which requires employers with over 100 employees to implement a mandatory vaccination policy or require weekly testing of unvaccinated employees.
OSHA ETS: What’s an Employer to Do?
Employers subject to OSHA’s Emergency Temporary Standard (the “ETS”, which requires employers with 100 or more employees to mandate vaccination or implement COVID testing and masking requirements) are in a bit of a predicament right now.