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CDC Updates Its Guidance for Necessary Quarantine Period

By Trina Fairley Barlow, Thomas P. Gies, Eric Su, Katie Erno & Lynn Hsieh on December 4, 2020
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On December 2, 2020, the Centers for Disease Control and Prevention (the CDC) updated its guidance regarding how long an individual must quarantine after being exposed to COVID-19. While the CDC continues to endorse a quarantine period of 14 days after last exposure, it has now provided two additional options for how long quarantine should last. Based on the availability of COVID-19 testing, individuals without symptoms can shorten their quarantine period to 10 days after exposure or to 7 days after receiving a negative test result. Individuals can take either the PCR or antigen test up to 48 hours before the seventh day of the last exposure. This means that individuals can take a PCR or antigen test on the fifth day after exposure but they must quarantine for at least 7 days regardless of when they receive the negative test result. If they do not receive their test result within the 7 day period, they cannot discontinue quarantine until the receipt of a negative test result. After discontinuing quarantine, individuals should monitor for symptoms of COVID-19 until 14 days have passed since their last exposure. If symptoms are present before the end of the 14 day period, individuals must immediately self-isolate and contact their local public health authority or healthcare provider. Individuals who test positive on the seventh day but have no symptoms must self-isolate for an additional 10 days after the last test. Individuals who develop symptoms after testing positive must self-isolate until all of the following conditions have been met: (1) at least 10 days have passed since the individual’s symptoms first appeared, (2) the individual has been fever-free for at least 24 hours without the use of fever-reducing medications and (3) there has been improvement in the individual’s other symptoms.

The change in the CDC’s guidance reflects its recognition that the 14 day quarantine rule can be onerous for many people and a shorter quarantine period lessens the stress on the public health system. However, the CDC also noted that local health authorities have the final decision on how long quarantine should last in their respective communities. This change comes just over a month after the CDC expanded its definition of what it means to have been in “close contact” with an individual infected with the virus. Previously the CDC defined “close contact” as being within 6 feet of an infected person for 15 consecutive minutes up to two days before onset of the illness. The new definition of “close contact” includes being within 6 feet of an infected person for a cumulative total of 15 minutes over a 24 hour period starting two days from the onset of the illness (or, if asymptomatic, 2 days from when the specimen was collected that yielded a positive test result).

It should be noted that many state and local orders and guidelines for businesses are based on the CDC’s prior guidance and may not yet be updated to reflect the CDC’s current guidance. For example, travelers entering New York from another state (except for Pennsylvania, New Jersey, Connecticut, Massachusetts and Vermont) are required to quarantine for 14 days, unless they follow specific protocols to test out of the requirement. Similarly, travelers entering Chicago from states with high community spread must quarantine for 14 days upon arrival while travelers entering Chicago from states with lower community spread may quarantine for 14 days or receive a negative pre-arrival COVID test result (no longer than 72 hours prior to their arrival). Whether these jurisdictions, and others with similar requirements, will shorten the mandatory quarantine period based on this new guidance remains to be seen. Despite shortening the recommended quarantine time, the CDC does “continue[] to endorse quarantine for 14 days and also recognizes that any quarantine shorter than 14 days balances reduced burden against a small possibility of spreading the virus.”

In light of these changes, employers should take the opportunity to review their policies and practices and consult with counsel on whether they should update to reflect these changes, if they can do so consistent with applicable orders, rules, and regulations.

Photo of Trina Fairley Barlow Trina Fairley Barlow

Trina Fairley Barlow is co-chair of the firm’s Labor and Employment Group and a member of the firm’s Government Contracts Group. She devotes a substantial portion of her practice to helping government contractors navigate and comply with the myriad laws, regulations, and Executive…

Trina Fairley Barlow is co-chair of the firm’s Labor and Employment Group and a member of the firm’s Government Contracts Group. She devotes a substantial portion of her practice to helping government contractors navigate and comply with the myriad laws, regulations, and Executive Orders which impact employers who are also government contractors. Trina’s experience includes advising federal contractors on the requirements of the Service Contract Act, as well as the Davis Bacon Act, and assisting clients with developing compliance strategies that reduce legal risks. In addition, Trina has defended and advised clients in False Claim Act (FCA) whistleblower retaliation cases and has led large internal investigations that frequently encompass a complex combination of labor and employment, government contracts, and ethics and compliance issues. In connection with such investigations and in other contexts, clients also frequently call upon Trina to assist them with developing compliant policies and internal practices that achieve business objectives while simultaneously reducing potential legal risks and exposure.

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Photo of Thomas P. Gies Thomas P. Gies

Thomas P. Gies is a founding member of Crowell & Moring’s Labor & Employment Group. Tom has more than 35 years of experience in litigating employment disputes. Tom’s litigation experience includes five jury trials, two U.S. Supreme Court arguments, 18 federal appellate court…

Thomas P. Gies is a founding member of Crowell & Moring’s Labor & Employment Group. Tom has more than 35 years of experience in litigating employment disputes. Tom’s litigation experience includes five jury trials, two U.S. Supreme Court arguments, 18 federal appellate court arguments, and more than a hundred trial court and arbitration matters involving a wide range of labor and employment law issues, including traditional labor law, whistleblower retaliation, EEO claims and wage & hour class and collective actions. Tom also maintains an active compliance counseling practice, involving the full range of employment law issues facing U.S. employers. Tom’s traditional labor counseling practice has focused on helping companies develop and implement strategies in situations involving operational restructurings, facility closures, subcontracting of bargaining unit work, and work stoppages.

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Photo of Eric Su Eric Su

Eric Su is a partner in Crowell & Moring’s Labor & Employment Group in the firm’s New York office. His practice mainly involves representing management in all aspects of labor and employment law, including government investigations and class and collective action litigation defense…

Eric Su is a partner in Crowell & Moring’s Labor & Employment Group in the firm’s New York office. His practice mainly involves representing management in all aspects of labor and employment law, including government investigations and class and collective action litigation defense involving alleged violations of the Fair Labor Standards Act, and parallel state wage and hour laws. Eric has routinely handled investigations by federal and state labor departments, law enforcement,  and municipal agencies concerning wage and hour issues including, but not limited to, compliance with the Davis-Bacon Act (and Related Acts), Service Contract Act, and state “little Davis Bacon” and other prevailing wage or similar laws (e.g. New York Real Property Tax Law 421-a and New York Wage Parity Act).

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Photo of Katie Erno Katie Erno

Katie Erno is a counsel in Crowell & Moring’s Labor & Employment Group. Katie represents companies in a wide range of complex commercial disputes, with a focus on employment litigation and counseling.

Specifically, Katie litigates a variety of wage and hour claims, class…

Katie Erno is a counsel in Crowell & Moring’s Labor & Employment Group. Katie represents companies in a wide range of complex commercial disputes, with a focus on employment litigation and counseling.

Specifically, Katie litigates a variety of wage and hour claims, class actions, discrimination and harassment claims, shareholder disputes, and issues related to corporate governance. She has deep experience in all stages of litigation, from drafting and challenging complaints, fact and expert discovery, drafting and arguing discovery and dispositive motions, trial, and appeals. Her cases range from single-plaintiff disputes to class actions and complex litigation involving large liability exposure in the context of high-profile bankruptcies. Katie enjoys learning the intricacies of her clients’ businesses and tailors her litigation approach with her clients’ ultimate business objectives in mind.

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  • Posted in:
    Corporate & Commercial
  • Blog:
    Retail & Consumer Products Law Observer
  • Organization:
    Crowell & Moring LLP
  • Article: View Original Source

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