On the evening of December 17, 2021, the Sixth Circuit dissolved the Fifth Circuit’s stay of the federal OSHA COVID-19 Emergency Temporary Standard (ETS), which imposes “vaccinate or test” requirements for private employers.
On December 16, 2021, California’s Occupational Safety and Health Standards Board adopted its second set of proposed revisions to the Cal/OSHA COVID-19 ETS. Governor Newsom also issued a surprise order clearing the way for a potential third readoption.
There have been significant developments in the legal challenges brought against the interim final rule of the Centers for Medicare and Medicaid Services, which requires vaccination of all healthcare workers at CMS-covered facilities throughout the U.S.
In 2021, Canada saw significant statutory and case law developments in labour and employment law, some of which related to COVID-19. This Insight provides an overview of key 2021 developments, with links to more detailed articles and commentary.
On December 15, 2021, the Public Health Agency of Canada issued a Level 3 COVID-19 Global travel advisory, which advises Canadians, regardless of their vaccination status, to avoid non-essential travel internationally.
On December 13, 2021, the California Department of Public Heath (CDPH) issued new guidance requiring universal statewide masking indoors, irrespective of vaccination status, between December 15, 2021 and January 15, 2022.
In response to rising COVID-19 case rates, on December 13, 2021, the Philadelphia Department of Health announced a vaccine mandate for patrons and staff of all establishments that sell food or drink for on-site consumption within Philadelphia city limits.
After the passage of Florida Statute 381.00317, employers with employees in Florida were left with new rules relating to COVID-19 vaccination policies, in many instances contrary to the signaled direction of federal government rules and guidance.