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As the coronavirus COVID-19 crisis rapidly evolves, global companies are looking for resources to protect their people and their businesses. Morgan Lewis lawyers are providing guidance on healthcare provider issues, business supply chain disruption, data privacy concerns, employer questions, energy and environmental industry ramifications, financial services guidelines, immigration status requirements, life sciences protocols, tax implications, and ongoing government guidance from around the world.
The US Department of Homeland Security (DHS) and US Immigration and Customs Enforcement (ICE) announced on May 4, 2023 that employers will have until August 30, 2023 to complete the physical inspection of identity and employment eligibility documents for any employee whose Form I-9 was completed virtually pursuant to COVID-19–era temporary flexibility provisions.
As the Code Section 139 relief period is scheduled to end soon along with the end of the COVID-19 national emergency, employers that assisted employees with personal expenses attributable to the COVID-19 pandemic should consider taking certain steps before the period ends.
While state and local governments and local health authorities can continue to require individuals and businesses to maintain stricter standards than the CDC’s recently updated guidance, the changes reflect the CDC’s current assessment of COVID-19 risk. Employers should evaluate their current COVID-19 policies and procedures.
As the COVID-19 landscape continues to evolve, multinational employers face many questions, challenges, and opportunities when considering how to resume global business travel. To help interested parties plan for Asia-Pacific travel, we’ve outlined current entry bans and vaccination and quarantine requirements in China, Hong Kong, Japan, and Singapore. This guidance is subject to rapid change based on the global and local pandemic situation.
The UK Home Office has announced new identification document validation technology for right-to-work checks due to take effect from April 6, together with an extension of the COVID-19 temporary right-to-work check measures. In addition, there has been a further easement of travel restrictions for nonvaccinated travelers arriving in the United Kingdom.
The Centers for Disease Control and Prevention (CDC) announced a new framework on February 25 providing that mask wearing is optional in low- and moderate-risk settings.
New York State lifted its mask mandate applicable to businesses on February 10, and the New York State Department of Labor subsequently issued new guidance that the New York HERO Act does not require employers to enforce mask requirements.
The US Departments of Labor, Health & Human Services, and Treasury issued new frequently asked questions on February 4, 2022, regarding coverage of over-the-counter, at-home COVID-19 tests at no cost sharing (i.e., deductibles, copayments, and coinsurance), prior authorization, or other medical management requirements during the public health emergency.
The California State Legislature Assembly Bill 84, introduced on February 2, proposes to require employers with 26 or more employees to provide up to 80 hours of supplemental paid sick leave for qualifying COVID-19 related reasons. Although the proposed bill is similar to Senate Bill 95, which expired on September 30, 2021, there are some significant differences.
Partner Sage Fattahian spoke with Bloomberg Law about an expired provision in the Coronavirus Aid, Relief, and Economic Security (CARES) Act, which once allowed those with high-deductible plans and health savings accounts (HSAs) to get telehealth coverage without meeting annual deductibles.
The US Departments of Labor, Health and Human Services, and the Treasury (collectively, the Departments) on January 10 published much-anticipated FAQs implementing President Joseph Biden’s announcement last month to expand free at-home COVID-19 testing for all Americans during the continued period of public health emergency.
The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for Medicare & Medicaid Services (CMS) Interim Final Rule (IFR) on COVID-19 Health Care Staff Vaccination. The Supreme Court decided to reimpose the stay on enforcement of the ETS while staying the preliminary injunctions against the CMS IFR pending further litigation.
On January 7, the US Supreme Court debated a range of complex issues in a pair of oral arguments over challenges to two federal regulations requiring workplace COVID-19 precautions. Although it is unlikely the Court will issue definitive opinions for several days or weeks, the Court could quickly issue a temporary “administrative” stay while it deliberates, or an unreasoned order with opinions to follow.
In response to the rapid spread of the COVID-19 Omicron variant, effective January 6, the LA County Department of Public Health revised its Health Office Order to include several notable updates, the most significant being a requirement that employers operating in cities and unincorporated areas in Los Angeles County—excluding Long Beach and Pasadena—provide select employees with high-quality masks when working indoors and in close contact with co-workers or members of the public.
On December 17, 2021, a divided panel of the US Court of Appeals for the Sixth Circuit granted the federal government’s emergency motion to dissolve the US Court of Appeals for the Fifth Circuit’s stay of the Occupational Safety and Health Administration’s Emergency Temporary Standard. With the Sixth Circuit’s ruling, the standard is effective again for the first time since the day after it was published, although for how long remains to be seen.
New “Key to NYC” guidance for private sector employers was released on Wednesday following New York City Mayor Bill de Blasio’s December 6 announcement that employees (1) not previously covered under the existing Key to NYC vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27.
The Cal/OSHA Standards Board on December 16 voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (ETS) during its monthly public meeting. The revised ETS will not adopt the federal OSHA ETS or include a mandatory vaccination requirement for employers, but will include stricter requirements for employers than the current version.
In Law360, partner Ashley Hale and associate Kaiser Chowdhry write that there has been minimal guidance for New York City’s new vaccination requirements for private sector employees who report to work in person—which would apply to an additional 184,000 businesses.
New York City Mayor Bill de Blasio announced on December 6 that employees (1) not previously covered under the existing “Key to NYC” vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27. The “Key to NYC” requirements currently in place for restaurants, fitness facilities, and entertainment venues have also been expanded to require proof of two doses (for individuals receiving a two-dose series) by that date, where previously only proof of an initial dose was required.
In Law360, partners Steven Johnson and Jonathan Zimmerman, along with associates Anna Pomykala and Jacob Oksman, outlined key components of the Coronavirus Aid Relief and Economic Security (CARES) Act’s complex repayment rules for employer-share Social Security tax deferrals.
The Japanese government has again tightened its restrictions on new entries of foreign nationals and on activities for COVID-19 vaccination certificate holders due to the rapid expansion of the Omicron variant infection around the world. These changes fully went into effect as of December 1, 2021, as one-month temporary measures valid until the end of 2021, to determine the degree of danger the Omicron variant presents. This restriction could be extended depending on infection status.
The IRS recently issued FAQs to address workforce issues and labor shortages resulting from the COVID-19 pandemic. The guidance seems to be in response to well-publicized labor shortages affecting schools and the education industry, although it is not limited to that industry. The FAQs reaffirm prior IRS guidance, but may give comfort to employers who are contemplating rehiring retirees as they try to manage workforce issues “related to” the pandemic.
The fate of the Occupational Safety and Health Administration’s landmark Emergency Temporary Standard on COVID-19 vaccination is in the hands of the Sixth Circuit—for now. In this LawFlash, we walk businesses through the legal challenges to the Emergency Temporary Standard, how they may unfold, and what businesses may wish to do in the interim.
National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health Administration’s Emergency Temporary Standard to Protect Workers from Coronavirus. According to Abruzzo, any issue involving employer discretion is subject to decision bargaining. The Emergency Temporary Standard may also trigger effects bargaining obligations for non-discretionary issues.
The Japanese government has relaxed its restrictions on new entries of foreign nationals and on activities for holders of COVID-19 vaccination certificates. These changes went into effect as of November 8, 2021.
The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to employer vaccine mandates that merit attention. In the past month, state legislatures in Alabama, Arkansas, Tennessee, West Virginia, and Iowa passed bills purporting to limit the ability of employers to mandate COVID-19 vaccination, and Florida will consider similar measures in a special session starting November 15. Illinois, in contrast, passed an amendment limiting the effect of a statute used by plaintiffs to challenge vaccine mandates.
Partner Michael Puma told HR Magazine that employers are seeing an influx of religious accommodation requests in light of COVID-19 vaccination requirements.
Under a newly signed executive order in New Jersey, all state contractors and subcontractors entering agreements with the state must include a clause that requires all covered workers to either provide adequate proof to the contractor that they are fully vaccinated or submit to at least weekly COVID-19 testing.
Partner Louise Skinner reviews the UK government’s proposals to extend the right to request flexible working in an article for Employment Law Journal.
On 23 September, the UK government published a consultation document, “Making flexible working the default”, which proposes various reforms to the right for employees to request flexible working arrangements—particularly in light of changes in working practices brought about by COVID-19.
Directors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains.
A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent local authority.”
In two draft companion guidance documents, the US Food and Drug Administration (FDA) establishes a proposed framework for transitioning medical devices currently marketed under emergency use authorization (EUA) or enforcement policy guidance to permanent marketing authorization. The draft FDA guidance documents provide manufacturers a 180-day transition period to submit a marketing application and stress that they should submit permanent marketing authorizations prior to finalization of the guidance documents.
The US Supreme Court issued two decisions on January 13, 2022 in cases challenging the Occupational Safety and Health Administration’s (OSHA’s) Emergency Temporary Standard (ETS) on Vaccination and Testing and the Centers for Medicare & Medicaid Services (CMS) Interim Final Rule (IFR) on COVID-19 Health Care Staff Vaccination. The Supreme Court decided to reimpose the stay on enforcement of the ETS while staying the preliminary injunctions against the CMS IFR pending further litigation.
On January 7, the US Supreme Court debated a range of complex issues in a pair of oral arguments over challenges to two federal regulations requiring workplace COVID-19 precautions. Although it is unlikely the Court will issue definitive opinions for several days or weeks, the Court could quickly issue a temporary “administrative” stay while it deliberates, or an unreasoned order with opinions to follow.
In response to the rapid spread of the COVID-19 Omicron variant, effective January 6, the LA County Department of Public Health revised its Health Office Order to include several notable updates, the most significant being a requirement that employers operating in cities and unincorporated areas in Los Angeles County—excluding Long Beach and Pasadena—provide select employees with high-quality masks when working indoors and in close contact with co-workers or members of the public.
New “Key to NYC” guidance for private sector employers was released on Wednesday following New York City Mayor Bill de Blasio’s December 6 announcement that employees (1) not previously covered under the existing Key to NYC vaccination requirements and (2) who perform in-person work for private businesses in the city must receive at least one dose of a COVID-19 vaccine by December 27.
The Cal/OSHA Standards Board on December 16 voted to approve the second readoption of the California COVID-19 Prevention Emergency Temporary Standards (ETS) during its monthly public meeting. The revised ETS will not adopt the federal OSHA ETS or include a mandatory vaccination requirement for employers, but will include stricter requirements for employers than the current version.
Directors have significant ongoing duties towards the company they lead, including taking the changing factual landscape into account. This should include learning lessons from the recent disruption of global supply chains.
In Law360, partners Steven Johnson and Jonathan Zimmerman, along with associates Anna Pomykala and Jacob Oksman, outlined key components of the Coronavirus Aid Relief and Economic Security (CARES) Act’s complex repayment rules for employer-share Social Security tax deferrals.
The Japanese government has again tightened its restrictions on new entries of foreign nationals and on activities for COVID-19 vaccination certificate holders due to the rapid expansion of the Omicron variant infection around the world. These changes fully went into effect as of December 1, 2021, as one-month temporary measures valid until the end of 2021, to determine the degree of danger the Omicron variant presents. This restriction could be extended depending on infection status.
The IRS recently issued FAQs to address workforce issues and labor shortages resulting from the COVID-19 pandemic. The guidance seems to be in response to well-publicized labor shortages affecting schools and the education industry, although it is not limited to that industry. The FAQs reaffirm prior IRS guidance, but may give comfort to employers who are contemplating rehiring retirees as they try to manage workforce issues “related to” the pandemic.
A group of hospitality policyholders failed in their attempt to obtain cover under a business interruption policy as it was determined, in an ad hoc arbitration, that the UK central government did not constitute “a competent local authority.”
The fate of the Occupational Safety and Health Administration’s landmark Emergency Temporary Standard on COVID-19 vaccination is in the hands of the Sixth Circuit—for now. In this LawFlash, we walk businesses through the legal challenges to the Emergency Temporary Standard, how they may unfold, and what businesses may wish to do in the interim.
National Labor Relations Board General Counsel Jennifer A. Abruzzo issued a memorandum explaining her view of employers’ bargaining obligations in response to the US Department of Labor Occupational Safety and Health Administration’s Emergency Temporary Standard to Protect Workers from Coronavirus. According to Abruzzo, any issue involving employer discretion is subject to decision bargaining. The Emergency Temporary Standard may also trigger effects bargaining obligations for non-discretionary issues.
The Japanese government has relaxed its restrictions on new entries of foreign nationals and on activities for holders of COVID-19 vaccination certificates. These changes went into effect as of November 8, 2021.
The Fifth Circuit temporarily stayed the Occupational Health and Safety Administration’s Emergency Temporary Standard on COVID-19, placing it in legal limbo. In addition, state governments continue to take actions related to employer vaccine mandates that merit attention. In the past month, state legislatures in Alabama, Arkansas, Tennessee, West Virginia, and Iowa passed bills purporting to limit the ability of employers to mandate COVID-19 vaccination, and Florida will consider similar measures in a special session starting November 15. Illinois, in contrast, passed an amendment limiting the effect of a statute used by plaintiffs to challenge vaccine mandates.
Partner Michael Puma told HR Magazine that employers are seeing an influx of religious accommodation requests in light of COVID-19 vaccination requirements.
Under a newly signed executive order in New Jersey, all state contractors and subcontractors entering agreements with the state must include a clause that requires all covered workers to either provide adequate proof to the contractor that they are fully vaccinated or submit to at least weekly COVID-19 testing.
Partner Louise Skinner reviews the UK government’s proposals to extend the right to request flexible working in an article for Employment Law Journal.
As the availability and variety of digital health tools continue to increase, evidence is also being presented that those tools are having a meaningful impact on health outcomes. In a recent blog post, members of our technology, outsourcing, and commercial transactions team dove into the findings of two reports, Digital Health Trends 2021: Innovation, Evidence, Regulation, and Adoption, offered by the IQVIA Institute for Human Data Science; and a report from the University of Michigan’s Institute for Healthcare Policy and Innovation’s Telehealth Research Incubator.