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Employment Law After Hours: CDC SAYS NO MORE MASKS FOR VACCINATED PEOPLE: What does this mean for employers and employees?

Client Alert

Since the CDC’s release of its revised mask guidance late last week, employers may feel lost in how to approach their policies they put in place within the last year. Can an employer allow vaccinated people to go without masks while requiring unvaccinated people to wear a mask? Can employers inspect an employee's vaccine card? Can they still require employees to wear masks? Can they eliminate their policies regarding masks? Can businesses still require mask wearing for customers? Do employers remain liable if an employee gets COVID after removing the mask mandate? Is paid leave still available if an employee has a COVID exposure?

Employment Law After Hours, your favorite weekly YouTube series discussing the issues keeping HR professionals up at night, released a special episode discussing the specifics of this topic in detail.

Click here to view the episode featuring Labor + Employment Law Partner Bryan Meek.


We are Working in a Virtual, Video-Conferencing World – But What About Wiretapping?

Businesses and other organizations often have a need or desire to record telephone conversations related to their business interests and customer dealings; however, this practice is not always permissible as federal and state laws vary on this issue. Knowing and understanding your jurisdiction’s rules and regulations on this practice is essential to remaining in compliance with the law.

President Trump Signs Executive Orders that Enable Access to Affordable Meds

On Friday, July 24, 2020, President Trump signed four Executive Orders concerning prescription drug pricing which collectively direct the Secretary of the Department of Health and Human Services (HHS) to take following actions: 1. Increase Patient Access to Insulin and Injectable Epinephrine 2. Facilitate the Importation of Certain Prescription Drugs 3. Remove the Anti-Kickback Safe Harbor Protection for Prescription Rebates 4. Implement the “Most Favored Nation” Order to Lower Medicare Part B Drug Cost

Guidance for Employers Receiving HHS Funding During COVID-19 on Civil Rights Protections

On July 20, 2020, HHS OCR issued guidance to help employers receiving federal financial assistance understand their requirements to comply with applicable federal civil rights laws and regulations that prohibit discrimination on the basis of race, color, and national origin in HHS-funded programs during COVID-19; specifically, Title VI of the Civil Rights Act of 1964 (“Title VI”). Title VI states that “[n]o person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.”

Ohio Businesses Required to Post Exceptions to State-wide Mask Mandate at all Entrances

On July 22, 2020, in conjunction with the state-wide mask mandate instituted by Governor Mike DeWine, Lance D. Himes, Interim Director of the Ohio Department of Health, issued an order requiring Ohio businesses to post any permitted exceptions they provide to customers, patrons, visitors, contractors, vendors and similar individuals to use facial coverings at all business entrances.

ODM and OhioMHAS Continue to Expand Telehealth

On July 17, 2020, Governor DeWine signed Executive Order 2020-29D, which allowed the Ohio Department of Medicaid (“ODM”) to immediately rescind old provisions and file a new rule (5160-1-18) and the Ohio Department of Mental Health and Addiction Services (“OhioMHAS”) to amend their current rule (5122-29-31), both expanding telehealth and introducing even more flexibility into Ohio’s healthcare system.