State & Local Employment Law Developments: Q3 2021

2021 continues the trend of increasing regulation of the workplace by state and local governments. Although it is not possible to discuss all state and local laws, this update provides an overview of recent and upcoming legislative developments to help you and your organization stay compliant. (Please note that developments specifically related to minimum wage rates and COVID-19 are not included.)

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President Biden’s COVID-19 Action Plan Mandates Vaccines for Many Employees

On September 9, 2021, President Biden announced his six-pronged COVID-19 Action Plan, which will have a significant impact on employers across the country by mandating vaccinations for many employees. Many key details — including what exemptions may apply to mandatory vaccinations — remain unknown until additional federal guidance is provided in the upcoming weeks.”

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President Biden Announces COVID-19 Vaccine Attestation Requirement for Federal Employees and Onsite Contractors

On July 29, 2021, the Biden administration announced that federal employees and onsite contractors must attest to being fully vaccinated against COVID-19 or they will be required to wear a mask on the job and physically distance, comply with at least a weekly screening testing requirement, and restrict official travel. Private employers are encouraged to adopt similar safety protocols; such protocols will likely be required for federal contractors. Specifically, President Biden noted in his remarks that he was “directing [his] administration to take steps to apply similar standards to all federal contractors. If you want to do business with the federal government, get your workers vaccinated.”

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State & Local Employment Law Developments: Q2 2021

The second quarter of 2021 continues the trend of increasing regulation of the workplace by state and local governments. Several new and revised state and local workplace regulations became effective or will soon be effective, including a trend towards a broader inclusiveness in leave laws. This update reviews these new requirements and recaps Q2 state and local employment law developments to help you and your organization stay in compliance.

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Summary of Cal/OSHA’s Revised COVID-19 ETS Adopted on June 17, 2021

On June 17, 2021, the California Occupational Safety & Health Standards (Cal/OSHA) Board voted to re-adopt its COVID-19 prevention emergency temporary standards (ETS) incorporating changes Cal/OSHA noticed on June 11, 2021 (revised ETS).

The revised ETS (which will make changes to California Labor Code Sections 3205 through 3205.4) are aligned with the latest guidance by the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH). The revised ETS are also aligned with Governor Newsom’s guidelines to reopen California as of June 15, 2021. Following Cal/OSHA’s vote, Governor Newsom signed an Executive Order on June 17, 2021, enabling the revised ETS to take effect without the normal 10-day review period by the Office of Administrative Law.

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OSHA Issues COVID-19 Emergency Temporary Standard for Certain Health Care Settings and Updates its Guidance for All Industries

On Thursday, June 10, 2021, OSHA issued its first Emergency Temporary Standard (ETS) in 38 years, providing long-awaited guidance for health care settings that deal directly with patients suspected or confirmed to be COVID-19 positive. This ETS will remain in effect until a permanent standard is in place or OSHA determines there is no longer a grave danger to the covered workforce.

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