Released on July 29, 2021, the Centers for Disease Control and Prevention (CDC) updated its guidance on return to work. This version has been revised to address an inconsistency for critical infrastructure employees who have been exposed to COVID-19 (the CDC has not updated that guidance since December). To make this section consistent with the CDC’s new guidance for vaccinated employees, that section now states that asymptomatic critical infrastructure employees can continue to work but, regardless of vaccination status, employees should be tested 3-5 days following the known exposure and should wear a mask in public indoor settings for 14 days or until they receive a negative test result. Unvaccinated employees should continue to mask and practice other precautions (e.g. social distancing) outdoors as well for 14 days or until a negative test result is received.
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Updated CDC Guidance on Quarantine Length for Exposed Individuals
On July 27, 2021, the Centers for Disease Control and Prevention (CDC) updated its guidance for the employment setting for a fully vaccinated individual who is asymptomatic but was in close contact with someone with COVID-19. While isolation is still not recommended, the CDC now recommends that the individual get tested 3-5 days after the
Spell Quoted on COVID-19 Mandatory Vaccinations Article in Greater Baton Rouge Business Report
Maggie Spell, a partner in the Labor & Employment Practice Group, was recently quoted in the Greater Baton Rouge Business Report article “Mandate or Not? The Question Vexing Employers Over COVID-19 Vaccine.” Maggie explains that as vaccines become more readily available, employers should consider the possible courses of action for vaccinations in their
Updated CDC Guidance on Quarantine Length for Exposed Individuals Who Are Asymptomatic
On December 2nd, the Centers for Disease Control and Prevention (CDC) updated its guidance on the length of quarantine required for an individual who is asymptomatic but was in close contact with someone with COVID-19. The prior guidance required quarantine for 14 days (other than for critical infrastructure workers). The new guidance allows for quarantine to end 10 days after exposure or 7 days after exposure when combined with a negative test. The test can be taken within 48 hours of the end of the quarantine period, i.e. as early as day 5. The key factor is that the individual remains asymptomatic during the entire quarantine period.
This updated guidance is outlined in the chart below which addresses return to work scenarios under the current CDC guidance.
The COVID-19 Workplace is Not a Time to Forget Your Normal Workplace Rules and Policies
COVID-19 has caused many challenges in the workplace. Employees are working from home, working hybrid schedules, and conducting meetings by Zoom and other “not in person” methods.
While things in today’s workplace range from fluid to uncertain to sometimes chaotic, employers are not relieved from complying with federal and state employment laws and requirements. There is no “COVID-19” exception to Title VII. Employers must still comply with federal and state employment rules that existed prior to COVID-19. With this in mind, employers need to make sure they are operating their businesses in a manner that allows them to defend the types of claims and allegations that often occur in the workplace.
CDC Updates Guidance on Return to Work
On October 21st, the Centers for Disease Control and Prevention (CDC) updated its guidance on what constitutes “close contact” with a person who has tested positive for COVID-19 for purposes of isolation. “Close contact” had been within 6 feet for a 15 minute period. It has now been revised to be within 6 feet for a total of 15 minutes over a 24 hour period which greatly expands what may qualify. The CDC also provides some examples of factors that should be considered when evaluating the length and extent of the contact. This updated guidance is outlined in the chart below which addresses return to work scenarios under the current CDC guidance.
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New Louisiana Law Grants COVID-19 Liability Protection to Businesses
As businesses attempt to navigate the post-COVID-19 landscape, one issue of concern is the possibility of claims for alleged COVID-19 exposure being brought by both customers and employees. These concerns have been complicated by the often conflicting guidance or requirements being placed on businesses from local, state, and federal governments or agencies. While there is ongoing discussion at the federal level of legislation to provide some liability protections for businesses in certain circumstances, several states are stepping into the void and enacting legislation of their own. Louisiana has now followed Oklahoma, North Carolina, and several other states in enacting legislation that grants liability protections for businesses from these type of claims.
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COVID-19 Back-to-Work Toolkit: Helping Businesses Protect Lives and Livelihoods
Companies and organizations worldwide are facing a difficult question: As the fight against the COVID-19 pandemic shifts gears from emergency to maintenance, how can we reopen and run our businesses — from Day One and beyond — in a manner that preserves jobs and generates revenue without risking the health and safety of our employees and customers? The answers to this question are not simple, nor is there a one-size-fits-all solution.
Continue Reading COVID-19 Back-to-Work Toolkit: Helping Businesses Protect Lives and Livelihoods