By Coby Turner, Patrick D. Joyce, Ilana Morady, Adam R. Young, and Elizabeth M. Levy Seyfarth Synopsis: The California Occupational Safety & Health Standards Board (OSHSB) was supposed to consider changes to the COVID-19 Emergency Temporary Standard (ETS) on May 20, 2021. But after the CDC published a May 13, 2021 guidance saying that fully vaccinated individuals could resume pre-pandemic activities without masks, Cal/OSHA asked the OSHSB to delay its…

By Karla Grossenbacher and Jean Wilson Seyfarth Synopsis: The EEOC has updated its Technical Assistance Guidance (“Updated Guidance”) related to COVID-19 and, in particular, what employers are permitted to do with respect to vaccination programs and incentives for employees to get vaccinated. The EEOC’s Guidance was prepared prior to the CDC’s updated guidance for fully vaccinated individuals and does not specifically address employer questions related to the treatment of unvaccinated and vaccinated employees in the…

By: Jennifer L. Mora and Jeffrey A. Berman The National Labor Relations Board’s sole Democrat, Chairman Lauren McFerran, has issued two new dissents that portend how a Biden Board likely will reverse precedent established by the Trump Board. This update is our fourth in a multi-part series discussing how Chairman McFerran’s dissents are likely to become the law once President Biden appoints new Board members and the Democrats are in the majority (see here regarding…

Seyfarth Synopsis: On Monday, May 24th at 12:30 p.m. Eastern, Seyfarth attorneys Adam Young, Scott Hecker, and Patrick Joyce will present a webinar entitled Evolving Landscape: OSHA and CDC COVID-19 Guidance. During his first full day in office, President Biden issued an Executive Order directing OSHA to consider a COVID-19 emergency temporary standard (ETS). OSHA drafted an ETS, which is in White House review, and its imminent release has been reported for…

By Brent I. Clark, James L. Curtis, Adam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: On May 18, 2021, OSHA adopted (by reference) CDC’s May 13, 2021 guidance for fully vaccinated individuals in many non-healthcare settings. Specifically, OSHA announced that employers should “refer to the CDC guidance for information on measures appropriate to protect fully vaccinated workers.” According to the May 13, 2021…

By Brent I. Clark, James L. Curtis, Adam R. Young, A. Scott Hecker, Patrick D. Joyce, and Craig B. Simonsen Seyfarth Synopsis: On May 13, 2021, CDC announced further updated recommendations for fully vaccinated people in non-healthcare settings. In an unexpected turnabout from previous guidance, the CDC updated its “Interim Public Health Recommendations for Fully Vaccinated People” to recognize that individuals who are fully vaccinated against COVID-19 may stop wearing masks…

By Leon Rodriguez and Emily J. Miller Seyfarth Synopsis: On Monday, the Department of Health and Human Services (“HHS”) announced that the prohibition against discrimination “on the basis of sex” under Section 1557 of the Affordable Care Act (“Section 1557”) once again includes gender identity and protects transgender patients from discrimination by covered entities.[1] Section 1557 prohibits discrimination on the basis of race, color, national origin, disability, age, and sex in health programs and…