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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.


Important Items Every Provider Should Know if Accepting the HHS Provider Relief Funds

On April 10, 2020, the Department of Health and Human Services (HHS) issued $30 billion to healthcare providers as part of the Provider Relief Fund under the CARES Act. Providers will have 30 days from the date of receipt to access the HHS portal, attest to the payment, and accept the Terms and Conditions. The Terms and Conditions require providers to take substantial steps to ensure compliance.

Practical Advice: COVID-19's Impact on the Construction Industry

As a member of the American Bar Association, Forum on the Construction Industry, BMD participated in a COVID-19 Construction Leadership Roundtable discussion with over 450 other construction attorneys representing nearly every voice in the industry.

Only Courts Can Decide if COVID-19 Chaos is Included Under Business Interruption Coverage

Despite paying insurance premiums for years, businesses are now being told by insurance companies and brokers that the business interruption coverage in their policy does not apply to coronavirus losses. However, the question of whether business interruption coverage extends to losses caused by the current pandemic will ultimately be answered by the courts, not insurance carriers. These legal decisions will depend upon the specific language of the policy and the facts and circumstances surrounding the claim.

Healthcare Providers: Comparison of New OIG Waivers and Flexibilities under Anti-Kickback Statute in Response to COVID-19

On March 30, 2020, the Centers for Medicare & Medicaid Services (CMS) issued several temporary regulatory waivers to further enable the American healthcare system to respond to the COVID-19 pandemic with more efficiency and flexibility (the “Blanket Waivers”).

How Do I Pay Employees for COVID-19 Telework?

Even as stay-at-home and isolation orders are slowly lifted, employers will continue to have employees teleworking due to the COVID-19 / coronavirus pandemic.