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Feb 03 2022
Affirmative ActionCOVID-19

Nationwide federal contractor vaccine ruling limited to shots

The federal district court in Georgia that issued a nationwide temporary hold on the federal contractor COVID-19 (coronavirus) vaccine mandate in December 2021 recently clarified that its ruling was limited to vaccinations only, and not the other portions of the mandate, which address masks, physical distancing, and designation of a COVID-19 coordinator (Georgia v. Biden,…

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Jan 20 2022
COVID-19Safety and Health

States back off from issuing general vaccine mandates

The states of Arizona, California, Oregon, and Washington have all indicated that they don’t currently plan to proceed with their own general workplace vaccine mandates in light of the recent U.S. Supreme Court decision to maintain the temporary stay on the federal OSHA COVID-19 (coronavirus) emergency temporary standard (ETS) for employers with 100 or more…

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Jan 20 2022
COVID-19Safety and HealthWorkers’ Comp

Q&A: Keep on top of COVID-19 protocols

Question: As we enter this new phase of the pandemic, it seems like everyone is going to get sick. With the vaccination mandate effectively dead, do we need to care anymore? Answer: Yes! It’s been a long haul, and pandemic fatigue is real, but employers still have an obligation to monitor and manage COVID-19 (coronavirus)…

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Jan 20 2022
COVID-19CaliforniaDisability

CALIFORNIA: Masks required indoors through Feb. 15, 2022

On January 5, 2022, the California Department of Public Health (CDPH) extended its order requiring everyone to wear masks in indoor public settings regardless of whether they’ve been vaccinated against COVID-19 (coronavirus). The original statewide order was set to end on January 15, 2022, but will now stay in effect through February 15, 2022. CDPH…

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Jan 20 2022
Wage and Hour

Q&A: Assess pay for time spent logging into online time clocks

Question: I have a remote employee asking if he’s going to be paid for the time it takes to log into our timekeeping software. This seems ridiculous. It only takes him a few minutes—if that—each day. Do we have to pay for this time? Answer: If his work depends on his computer use and he’s…

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Jan 20 2022
COVID-19Safety and Health

CMS issues guidance on health care vaccine mandate

Now that the Supreme Court has upheld the Centers for Medicare and Medicaid Services (CMS) vaccine mandate for COVID-19 (coronavirus), it’s time for covered entities to dig into the guidance and complete any compliance steps. In order to assist the regulated community with compliance, CMS has issued guidance for the first 25 states subject to…

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Jan 13 2022
COVID-19Safety and Health

ALERT: Supreme Court says no to OSHA vaccine mandate, yes to CMS

On January 13, 2022 the U.S. Supreme Court issued decisions on two federal COVID-19 (coronavirus) vaccine mandates, one against and one in favor. The court temporarily halted enforcement of OSHA’s emergency temporary standard for employers with 100 or more employees and upheld the enforcement of the rule from the Centers for Medicare and Medicaid Services…

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Jan 06 2022
COVID-19Safety and Health

OSHA COVID-19 Vaccination and Testing ETS timelines clarified

The U.S. Supreme Court will hear oral arguments over the OSHA COVID-19 (coronavirus) Vaccination and Testing Emergency Temporary Standard (ETS) for employers with 100 or more employees on January 7, 2022. The ETS requires covered employers to ensure that workers who aren’t fully vaccinated are tested at least weekly for COVID-19. We expect the court…

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Jan 06 2022
COVID-19Safety and Health

Health care employers’ COVID-19 obligations are shifting

Employers in the health care industry need to be aware of two important developments in federal COVID-19 (coronavirus) rules: (1) the establishment of new compliance deadlines for health care employers in the 25 states that didn’t file lawsuits over the Centers for Medicare and Medicaid Services (CMS) vaccine mandate and (2) the expiration of OSHA’s…

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Jan 06 2022
Affirmative ActionCOVID-19

Federal contractor vaccine mandate still on hold

We previously reported that the COVID-19 (coronavirus) vaccine mandate for certain federal contractors is on hold nationwide, and that remains the case. Lawsuits filed in federal district courts are slowly working their way through the legal system, but so far, no court has reinstated the mandate. Tips: As reported elsewhere in today’s newsletter, the U.S….

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Jan 06 2022
COVID-19California

CALIFORNIA: February 1 booster deadline for health care workers

Governor Gavin Newsom recently announced new COVID-19 (coronavirus) booster requirements, calling for health care workers and all employees in high-risk congregate settings, including nursing homes, to receive their vaccine booster shots by February 1, 2022. In the meantime, health care workers who haven’t yet received their boosters must test twice weekly. The announcement from the…

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Jan 06 2022
Leave LawsWashington

WASHINGTON: Collect higher PFML premiums in 2022

As of January 1, 2022, both the premiums and maximum weekly benefits have increased for Washington’s Paid Family and Medical Leave (PFML) program. The premium rate has increased to 0.6% of each employee’s gross wages (not including tips), up to a maximum of $147,000 (which is the 2022 Social Security cap). The split between employers…

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