Workforce Bulletin

It has been an active week in California with the release of new statewide face covering guidance, the alignment of Los Angeles County and San Francisco with this guidance, and the withdrawal of the revised Cal/OSHA Prevention Emergency Temporary Standards by the California Division of Occupational Safety and Health Standards Board (the “Board”).

Of most importance, covered employers and workplaces must continue to comply with the more restrictive original Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS) that have been in place since November 2020, not

As featured in #WorkforceWednesday:  This week, we look at new Equal Employment Opportunity Commission (EEOC) COVID-19 vaccine guidance as well as vaccination protocols for multinational workforces.

Employers Adjust to New EEOC Guidance on COVID-19 Vaccines

The EEOC recently updated and expanded its guidance on COVID-19 vaccines and the workplace to cover incentives, accommodations, and mandatory vaccination policies. Attorneys Avi Bernstein and Lauri F. Rasnick explain how the new EEOC guidance impacts employers’ vaccination policies. Read more.

In a flurry of activity into the wee hours of June 2, 2021, Illinois legislators concluded a spring session that saw the passage of numerous measures that will affect employers in the state across the span of the employment relationship. Among the most significant of the many bills heading to Governor Pritzker for signature are acts amending the Artificial Intelligence Video Interview Act, the Equal Pay Act, the Victims’ Economic Security and Safety Act (“VESSA”), and the Freedom to Work Act. It is expected that Governor Pritzker will sign all of the above-mentioned bills.

As we previously reported, on May 5, 2021, New York Governor Andrew Cuomo signed the Health and Essential Rights Act (the “HERO Act” or “Act”) into law, permanently codifying COVID-19-related health and safety protocols. In a memorandum issued with the signing, Governor Cuomo announced that he had secured an agreement with the Legislature for amendments to the Act to address certain ambiguities and technicalities.

On May 14, 2021, State legislators introduced bills (S6768/A7477) (“Bills” or the “Amendments”) to address some of the Governor’s concerns. The ...

Beginning June 26, 2021, Pennsylvania’s Living Donor Protection Act (the “LDPA”) will provide time off to organ and tissue donors to cover time off for donation surgery, including necessary preparation and recovery.

Pennsylvania employees will be eligible for leave under the LDPA if they meet the following FMLA eligibility criteria: the employee must (1) work for a covered employer, (2) work 1,250 hours during the 12 months prior to the start of leave, (3) work at a location where 50 or more employees work or within 75 miles of it, and (4) have worked for the employer for 12 months ...

On May 21, 2021, consistent with Governor Newsom's intention to fully reopen California by June 15, the California Department of Public Health (“CDPH”) released “Beyond the Blueprint for Industry and Business Sectors” (“Beyond the Blueprint”), outlining the state’s latest reopening guidelines and restrictions.  Importantly, as reflected in the CDPH’s announcement, most employers (as discussed below) must still follow the more restrictive Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (ETS) (“ETS Standards”) (which we wrote about ...

As featured in #WorkforceWednesday:  This week, we look at the fallout from the Centers for Disease Control and Prevention's (CDC's) change in guidance for fully vaccinated individuals.

CDC Guidance Causes Uncertainty

In the wake of the CDC guidance removing mask and distancing recommendations for fully vaccinated people, agencies, states, and employers have adjusted in different ways. Many states, including New York, New Jersey, Connecticut, and Illinois, have updated their guidance to reflect the CDC’s recent pronouncement. But restrictions and mandates still differ ...

In the wake of last week’s updated guidance from the Centers for Disease Control and Prevention (CDC) easing social distancing and mask requirements for fully vaccinated people, on May 19, 2021, New York State issued its own guidance that, effective immediately, mostly adopts those new recommendations. As of May 19, most New York employers may allow individuals who have been fully vaccinated to stop wearing a mask and social distancing in their workplace.

Importantly, every business also has the discretion to continue requiring consistent rules regarding social distancing and ...

The Cybersecurity & Infrastructure Security Agency (CISA) and the National Institute of Standards and Technology (NIST) jointly published a new resource as part of their ongoing efforts to promote awareness of, and help organizations defend against, supply chain risks. The publication, Defending Against Software Supply Chain Attacks, provides recommendations for software customers and vendors as well as key steps for prevention, mitigation and resilience of software supply chain attacks.

Software supply chain attacks occur when a cyber threat actor infiltrates a software ...

As featured in #WorkforceWednesday: This week, we focus on the Centers for Disease Control and Prevention's (CDC's) new guidance for vaccinated individuals and what it means for accommodations.

Employers Navigate New CDC Guidance for Fully Vaccinated Individuals

Last week, the CDC updated its guidelines to state that it is safe for fully vaccinated people to resume normal activities without masks or social distancing "except where required by federal, state, local, tribal, or territorial laws, rules, and regulations, including local business and workplace guidance ...