The news has been abuzz with stories about the wave of legal challenges to OSHA’s recently released Emergency Temporary Standard (ETS) on COVID-19. The ETS’ first set of requirements were slated to go into effect on December 5, but now it is unclear where things will stand on that date. This has understandably left many employers confused and questioning what actions they should be taking at this time.
So let’s try to break things down and get some clarity–
On November 4, OSHA released the text of its much-anticipated Emergency Temporary Standard (ETS) setting forth new requirements for COVID-19 vaccines and testing in the workplace. As we previously reported, in early September, President Biden rolled out his “Path Out of the Pandemic” action plan. The action plan included an instruction to OSHA to issue emergency rules to mandate that employers with 100 or more employees require that their employees either get vaccinated or submit to regular testing. This ETS is the result. It is estimated that the ETS will cover 84 million employees.
On September 28, two Montgomery County Councilmembers proposed legislation that would require that the County’s employees be vaccinated against Covid-19. Expedited Bill 34-21 would permit accommodations to the mandate for medical reasons.
On Monday August 23, 2021, the Food and Drug Administration (FDA) announced final approval of the Pfizer-BioNTech coronavirus vaccine for individuals 16 and older. Of course this is a big step for the vaccine which first received emergency use authorization last December. It is also likely to raise significant questions for employers.
On Thursday, September 9, 2021, the Biden Administration rolled out its latest COVID-19 Action Plan (titled “Path Out of the Pandemic”). The Action Plan covers a wide range of areas focused on increasing vaccination rates and addressing various other COVID-19 related safety and recovery measures. For private sector employers, the big news is that the new Action Plan, and its implementation, will require a large swath of businesses to implement specific vaccination requirements for their workforces.
Written with assistance from Erin N. Schiffman, Law Clerk.
Employers should take note of several new Maryland laws taking effect this year.
Written with assistance from Erin N. Schiffman, Law Clerk.
As of July 1, 2021, the following minimum wages are now required for workers in Montgomery County. These increases were scheduled by legislation passed in 2017 (Bill 28-17), which provides for continued increases until all employers are required to pay $15.00 per hour. Medium-sized employers will reach $15.00 on July 1, 2022, as will small employers on July 1, 2023. The $15.00 minimum wages will be subject to continuing annual increases, based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for Washington-Baltimore.