Your Employees Are Vaccinated – Now What?

COVID-19 vaccinations passed the 200-million mark in the United States last week, which means certain workforces might have the majority of employees fully vaccinated. In recent months, we’ve discussed guidance from the EEOC and California’s DFEH regarding COVID-19 vaccine mandates, vaccine incentives, tracking employee vaccinations, and even vaccine passports. However, the
question remains — what measures can employers take once employees are vaccinated?

Other than input on requiring “proof” of vaccination, there is limited guidance on what employers may do or say about employees’ vaccination status. Consistent with other challenges employers have faced throughout the COVID-19 pandemic, vaccinations in the workplace present new and unique privacy considerations. You must maintain a safe workplace while balancing the privacy interests of employees, customers, and the public. Below we tackle some of the vaccination-related questions
many employers are grappling with.

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Workers’ COVID-19 Vaccine Reactions Might Be Recordable on Your OSHA 300 Logs

If an employee has a reaction to the COVID-19 vaccine, do you need to record that illness on your 300 log? The Occupational Safety and Health Administration (OSHA) recently provided guidance on this issue, one that many employers have been contemplating since the COVID-19 vaccine became available. According to the agency in a series of answers to frequently asked questions, the key issue
in this analysis if whether you are requiring the vaccine or merely encouraging it.

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Georgia Eliminates Many COVID-19 Mitigation Measures As OSHA Ramps Up Enforcement

Georgia Governor Brian Kemp issued an March 12 Executive Order — effective through March 31 — that eliminates many of the
requirements for businesses that were present in past executive orders but keeps in place an assortment of the provisions from the
executive orders issued the last few months of 2020. What do employers need to know about this new order, and what should you
do as you reopen and operate your business?

California to Enact New COVID-19 Supplemental Paid Sick Leave Requirement

The California Legislature just approved a measure that dramatically extends and expands a requirement for employers to provide
supplemental paid sick leave to employees impacted by COVID-19. Among other things, this new requirement applies to employers with
more than 25 employees and establishes a new “bank” of COVID-19 related sick leave for covered employees for 2021 – even if they were previously provided such leave in 2020. This legislation, passed today, will go into effect 10 days after being signed by Governor
Newsom, and every indication is that he will sign this measure immediately. Because this new paid sick leave mandate will also
apply retroactively back to January 1, 2021, it will create some real logistical and compliance challenges for California employers. What
do you need to know about this sweeping new paid sick leave law?

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What Employers Need To Know About Biden’s American Rescue Plan

After several weeks of tense negotiations and legislative twists and turns, President Biden’s latest COVID-19 stimulus package – the
American Rescue Plan – has been passed by Congress and will become law once the president signs it into effect this Friday. The
measure provides $1.9 trillion in economic relief, with many of the specific items directly affecting employers. What do businesses need
to know about this finalized legislation?

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Employers Should Exhibit Patience In Easing COVID-19 Restrictions Despite CDC’s New Guidelines On Fully Vaccinated Employees

While many might be celebrating the first set of public health recommendations that permit relaxed safety standards for fully
vaccinated people, employers should not be automatically changing their current safety practices as a result. The new guidance issued today by the Centers for Disease Control and Prevention (CDC) may allow fully vaccinated people to shed their masks and ignore physical distancing limits when gathering indoors with other fully vaccinated people, among other things, but impending federal safety standards and a patchwork of state-level restrictions means that you should exercise patience before modifying workplace standards. What do you need to know about today’s new guidance?