COVID-19: Employment Law and Developments Tracker | Practical Law

COVID-19: Employment Law and Developments Tracker | Practical Law

A Practice Note tracking key federal and state employment laws, regulations, and other directives responding to the 2019 novel coronavirus disease (COVID-19). The laws and developments generally address paid leave, unemployment insurance, lay off and plant closing requirements, vaccine mandates and prohibitions, and other issues related to COVID-19 affecting private employers. This tracker covers COVID-19 related laws and developments beginning January 1, 2021 to the present. For information regarding COVID-19 laws, regulations, directives, and guidance issued in 2020, see 2020 COVID-19 Employment Tracker (Archived).

COVID-19: Employment Law and Developments Tracker

Practical Law Practice Note w-024-5500 (Approx. 218 pages)

COVID-19: Employment Law and Developments Tracker

by Practical Law Labor & Employment
Law stated as of 31 Dec 2023ExpandAlabama, Alaska, Arizona...Arkansas, California, Colorado, Connecticut, Delaware, District of Columbia, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, USA (National/Federal), Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming
A Practice Note tracking key federal and state employment laws, regulations, and other directives responding to the 2019 novel coronavirus disease (COVID-19). The laws and developments generally address paid leave, unemployment insurance, lay off and plant closing requirements, vaccine mandates and prohibitions, and other issues related to COVID-19 affecting private employers. This tracker covers COVID-19 related laws and developments beginning January 1, 2021 to the present. For information regarding COVID-19 laws, regulations, directives, and guidance issued in 2020, see 2020 COVID-19 Employment Tracker (Archived).
Please note that while we have added some entries about significant developments in 2024, this tracker is no longer regularly maintained and is now a dated resource as of December 31, 2023, given that most COVID-19 restrictions and regulations have expired. The guidance referenced therefore may not reflect the current practices or recommendations of the specified agency or jurisdiction. Please consult the government website of the relevant jurisdiction for the latest updates.
On March 11, 2020, the World Health Organization (WHO) declared the 2019 novel coronavirus disease (COVID-19) a pandemic. On March 13, 2020, President Donald Trump declared a national emergency in the US in the wake of the COVID-19 pandemic. The global span, speed, and depth of disruption caused by COVID-19 is unprecedented, leading employers and the public into uncharted territory.
This Practice Note tracks key federal and state employment laws passed in response to COVID-19 beginning January 1, 2021, including a Box, Vaccine Mandates and Prohibitions. It also tracks federal administrative agency regulations and guidance and other official state directives issued to address workplace and other employment-related issues in light of the COVID-19 pandemic. For information regarding COVID-19 laws, regulations, directives, and guidance issued in 2020, see 2020 COVID-19 Employment Tracker (Archived).
This tracker covers developments affecting employers' and employees' rights and obligations, including paid leave, unemployment insurance, mass layoffs, and related WARN Act and mini-WARN Act issues. It also covers laws and directives regarding vaccination requirements and prohibitions (see Box, Vaccine Mandates and Prohibitions). It does not cover laws specific to employee benefit plans. It also does not cover state-specific declarations of emergency, general health directives (such as shelter-in-place or work-from-home orders), economic relief packages, or orders directing businesses to close. However, those developments are often covered in the websites with state-specific information related to COVID-19 linked below (see State and Local Laws and Directives). For a list of important state websites related to COVID-19 measures, including emergency orders and business closure orders, see Practice Note, State Resources Chart for COVID-19 Emergency Measures Monitoring.
For more information on COVID-19 and employment issues, see Employment Global Coronavirus Toolkit. For more information and resources on COVID-19 generally, see Global Coronavirus Toolkit.
This tracker is organized by jurisdiction, starting with federal laws and administrative agency developments, followed by state developments organized alphabetically by state. Developments are listed in reverse chronological order. Links to each agency and jurisdiction covered are available in the Table of Contents. Practical Law will continue to update this with new developments and links to additional available resources.

Federal Laws and Executive Orders

  • December 11, 2023: US Supreme Court grants certiorari and directs the US Courts of Appeals for the Fifth Circuit to vacate its preliminary injunction of the federal employee COVID-19 vaccine mandate, holding that the orders are moot because the vaccine mandates have been withdrawn (Biden v. Feds for Medical Freedom, et al., (US Dec. 11, 2023)).
  • May 9, 2023: President Joe Biden issues Executive Order revoking Executive Orders 14042 and 14043, which mandated COVID-19 vaccine requirements for federal employees and federal contractors, effective May 12, 2023.
  • May 1, 2023: President Biden announces that the COVID-19 vaccine requirements for federal employees, federal contractors, and international air travelers will end on May 11, 2023.
  • April 10, 2023: President Biden signs H.J. Res. 7, terminating the COVID-19 national emergency.
  • February 10, 2023: President Biden issues notice continuing the COVID-19 national emergency and stating that it is expected to be terminated on May 11, 2023.
  • January 11, 2023: Secretary of Health and Human Services Xavier Becerra renews the nationwide COVID-19 public health emergency.
  • October 25, 2022: White House issues Fall Playbook for Businesses to Manage COVID-19 and Protect Workers, which includes steps employers can take to:
    • help employees access updated COVID-19 vaccines;
    • ensure employees know about COVID-19 treatment options; and
    • improve indoor air quality across buildings.
  • October 14, 2022: Safer Federal Workforce Task Force issues update regarding the federal contractor vaccine mandate, stating that it anticipates the nationwide injunction being narrowed on October 18 and will likely issue three new guidance documents, including:
    • compliance instructions for applicable injunctions and whether contract clauses implementing the vaccine mandate should be included in any new solicitations and clauses;
    • updated COVID-19 safety protocols for covered contractor and subcontractor workplace locations; and
    • timing and considerations for providing notice to contractors regarding contract clauses that implement the vaccine mandate.
  • August 31, 2022: Safer Federal Workforce Task Force issues updated guidance stating that the federal government will take no action to implement or enforce the federal contractor vaccine mandate. The Task Force website also includes updated and new FAQs for topics including:
    • building operations;
    • mask-wearing;
    • post-exposure precautions and isolation;
    • signage;
    • testing;
    • vaccination; and
    • symptom-screening.
  • February 18, 2022: President Joe Biden continues the national emergency declared in March 2020 concerning the COVID-19 pandemic.
  • January 24, 2022: Safer Federal Workforce Task Force issues updated guidance in light of the Southern District of Texas' injunction, stating that the federal government will take no action to implement or enforce the federal employee vaccine mandate.
  • November 4, 2021: President Joe Biden announces details regarding major vaccination policies, including:
  • November 1, 2021: Safer Federal Workforce Task Force issues updated FAQs for federal contractors and subcontractors, which include information regarding:
    • contractor requests for accommodation;
    • contractor refusal to comply with the vaccine mandate; and
    • the mandate's applicability to employees of corporate affiliates.
  • October 25, 2021: President Biden issues proclamation and fact sheet regarding international travel which, beginning November 8, 2021, requires:
    • all non-citizen, non-immigrant air travelers to be fully vaccinated before boarding an airplane to the US, with limited exceptions;
    • all unvaccinated travelers to the US to produce a negative COVID-19 test taken within one day of traveling; and
    • all fully vaccinated travelers to the US to produce proof of vaccination status and a negative COVID-19 test taken within three days of traveling.
  • October 21, 2021: Safer Federal Workforce Task Force updates Federal Contractors and Vaccination FAQs, which includes information regarding extensions for the vaccine deadline for those with certain medical conditions or circumstances.
  • October 1, 2021: Federal Acquisition Regulatory Council (FAR Council) issues deviation contract clause for federal agencies to insert into their solicitations and contracts under the Safer Workforce Task Force guidance on federal contractor vaccine requirements.
  • October 1, 2021: Office of Personnel Management issues Memorandum for Heads of Executive Departments and Agencies regarding enforcement of President Biden's federal employee vaccination requirement. The guidance provides scheduling timeframes for each type of vaccine and states that agencies may initiate the enforcement process beginning November 9, 2021 for employees who have not completed their vaccine doses by November 8, 2021.
  • September 24, 2021: Safer Federal Workforce Task Force issues Guidance for Federal Contractors and Subcontractors which, among other things, requires:
    • federal contractors, subcontractors, and all employees working in connection with a covered contract to be fully vaccinated by December 8, 2021, unless there is a valid medical or religious exemption;
    • all employees and visitors to wear masks indoors, regardless of vaccination status, in areas of high rates of community transmission; and
    • all covered agencies to include the deviation contract clause in their contracts entered into on or after October 15, 2021 requiring compliance with the Guidance.
  • September 13, 2021: Safer Federal Workforce Task Force issues updated Agency Model Safety Principles and Vaccination FAQs regarding President Biden's vaccine requirement for federal employees which, among other things, states that all federal employees must be fully vaccinated by November 22, 2021.
    • November 9, 2021: American Federation of Government Employees, AFL-CIO President Everett Kelly issues letter to the Biden Administration requesting that the vaccination deadline for federal employees be extended from November 22, 2021 to January 4, 2022.
  • September 9, 2021: President Joe Biden releases updated Path Out of the Pandemic plan which, among other things, states that OSHA is developing an emergency rule to require all employers with 100 or more employees to:
    • require their employees to be fully vaccinated or provide a negative COVID-19 test at least once per week; and
    • provide paid time off for employees to get vaccinated or recover from vaccine side effects.
    • September 14, 2021: Arizona Attorney General files complaint in the U.S. District Court for the District of Arizona seeking to enjoin the federal government from enforcing the vaccine mandates because it constitutes unconstitutional discrimination against US citizens by not also requiring unauthorized aliens to be vaccinated.
  • September 9, 2021: President Biden issues Executive Order 14042 requiring all federal agencies to implement mandatory COVID-19 vaccination programs for all federal contractors. The Safer Federal Workforce Task Force shall issue guidance on mandatory vaccination requirements by September 24, 2021.
    • May 1, 2023: President Biden announces that the COVID-19 vaccine mandate for federal contractors will end May 11, 2023.
    • April 19, 2023: Ninth Circuit reverses the preliminary injunction issued by the District Court of Arizona, holding that the federal contractor vaccine mandate falls within the President's authority under the Procurement Act (Mayes v. Biden, (9th Cir. Apr. 19, 2023)).
    • March 14, 2023: Sixth Circuit holds that a federal contractor, which does not perform a traditional, exclusive public function, does not attain government actor status by complying with a federal law applicable to federal contractors and, in turn, cannot be subject to a First Amendment Free Exercise Clause claim. The court therefore affirmed the dismissal of a Free Exercise Clause claim against J.M. Smucker Co. based on its alleged refusal to grant employees religious exemptions from the vaccine mandate applicable to federal contractors under Executive Order 14042 (see Exec. Order No. 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, 86 Fed. Reg. 50985 (Sept. 9, 2021)). The decision does not address any prospective Title VII religious discrimination claims or whether employees of federal contractors could raise a Free Exercise Clause claim against the federal government for imposing the mandate against federal contractors because the plaintiffs did not raise those claims. (Ciraci v. J.M. Smucker Co., 62 F.4th 278 (6th Cir. 2023).)
    • January 12, 2023: Sixth Circuit affirms Eastern District of Kentucky's issuance of preliminary injunction of the federal contractor vaccine mandate, but limits the scope to the plaintiff states of Ohio, Kentucky, and Tennessee (Commonwealth v. Biden, (6th Cir. Jan. 12, 2023)).
    • August 26, 2022: Eleventh Circuit vacates the nationwide injunction issued by the Southern District of Georgia, finding that the injunction should only be enforced in plaintiff states Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia (Georgia v. President of the United States, (11th Cir. Aug. 26, 2022)).
    • January 27, 2022: District Court of Arizona grants preliminary injunction of the federal contractor vaccine mandate in Arizona, finding that the mandate exceeds the President's authority under the Procurement Act (Brnovich v. Biden, 562 F. Supp.3d 123 (D. Ariz. 2022)).
    • November 30, 2021: Eastern District of Kentucky permanently enjoins the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee (Commonwealth of Kentucky et al., v. Biden, (E.D. Ky. Nov. 30, 2021)).
    • December 6, 2021: Southern District of Georgia grants preliminary injunction of the federal contractor vaccine mandate nationwide (Georgia v. Biden, (S.D. Ga. Dec. 7, 2021)).
    • December 17, 2021: Eleventh Circuit denies the government's request for a stay of the preliminary injunction pending appeal and sets briefing schedule for January 2022 (Georgia v. Biden, No. 21-14269-F (11th Cir. Dec. 17, 2021)).
    • December 20, 2021: Eastern District of Missouri grants preliminary injunction of the federal contractor vaccine mandate in Missouri, Nebraska, Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota, and Wyoming (Missouri v. Biden, No. 4:21 CV 1300 DDN (ED. Mo. Dec. 20, 2021)).
    • December 22, 2021: Middle District of Florida grants preliminary injunction of the federal contractor vaccine mandate in Florida (Florida v. Nelson et al., No. 8:21-cv-02524 (M.D. Fla. Dec. 22, 2021)).
    • January 5, 2022: Sixth Circuit denies the government's request for a stay of the preliminary injunction (Kentucky v. Biden, (6th Cir. Jan. 5, 2022)).
  • September 9, 2021: President Biden issues Executive Order 14043 requiring all federal agencies to implement mandatory COVID-19 vaccination programs for all federal contractors. The Safer Federal Workforce Task Force shall issue guidance on mandatory vaccination requirements within seven days.
    • May 1, 2023: President Biden announces that the COVID-19 vaccine mandate for federal employees will end May 11, 2023.
    • March 23, 2023: On rehearing enbanc, Fifth Circuit affirms the nationwide injunction of the federal employee vaccine mandate, holding that the CSRA did not preclude the district court's jurisdiction and did not abuse its discretion in issuing the nationwide injunction (Feds for Medical Freedom v. Biden, (5th Cir. Mar. 23, 2023)).
    • March 21, 2023: D.C. Circuit dismisses federal employee's vaccine mandate challenge, holding that the district court and DC Circuit lack subject matter jurisdiction. The court held that federal employees challenging the executive branch's vaccine mandate on constitutional grounds must bring claims to the Office of Special Counsel or the Merit Systems Protection Board through procedures available under the Civil Service Reform Act (CSRA) and may then obtain judicial review in the Federal Circuit. (Payne v. Biden, (D.C. Cir. Mar. 21, 2023).)
    • April 7, 2022: Fifth Circuit vacates the preliminary injunction issued by the Southern District of Texas, determining that the Civil Service Reform Act (CSRA) precludes the district court's jurisdiction over the action (Feds for Medical Freedom v. Biden, 30 F.4th 503 (5th Cir. 2022)).
    • January 21, 2022: Southern District of Texas grants preliminary injunction of the federal employee vaccine mandate nationwide, citing the US Supreme Court's decision regarding the OSHA ETS (Feds for Medical Freedom v. Biden, (S.D. Tex. Jan. 21, 2022)).
    • February 9, 2022: US Court of Appeals for the Fifth Circuit declines to stay the preliminary injunction of the federal employee vaccine mandate and expedites the matter to the next available oral argument panel (Feds for Medical Freedom v. Biden, (5th Cir. Feb. 9, 2022)).
    • April 7, 2022: US Court of Appeals for the Fifth Circuit vacates the injunction and remands to the district court (Feds for Medical Freedom v. Biden, 30 F.4th 503 (5th Cir. 2022)).
    • June 27, 2022: US Court of Appeals for the Fifth Circuit vacates the April 7, 2022 order overturning the preliminary injunction and grants rehearing en banc (Feds for Medical Freedom v. Biden, 37 F.4th 1093 (5th Cir. 2022)).
    • Sept. 13, 2022: US Court of Appeals for the Fifth Circuit hears oral argument in en banc rehearing.
  • July 29, 2021: Safer Federal Workforce issues COVID-19 Workplace Safety: Agency Model Safety Principles, which provides model safety principles for executive departments and agencies to incorporate into their COVID-19 workplace safety plans.
  • July 29, 2021: President Biden announces that all federal employees and onsite contractors must either:
    • receive the COVID-19 vaccine; or
    • wear masks on the job, physically distance from others, and comply with weekly or twice weekly COVID-19 screening and testing.
  • June 8, 2021: President Joe Biden signs the Training in High-Demand Roles to Improve Veteran Employment (THRIVE) Act (H.R. 2523), which makes improvements to the COVID-19 Veteran Rapid Retraining Assistance Program by, among other things:
    • allowing the Secretary of Veterans Affairs to update the list of high-demand occupations; and
    • offering employment placement services to veterans pursuing a covered education program.
  • April 21, 2021: President Biden announces a paid leave tax credit under the American Rescue Plan Act of 2021 for all employers with fewer than 500 employees that offer full pay for any time off their employees take to get vaccinated and to recover from any vaccination after-effects.
  • March 11, 2021: President Biden signs American Rescue Plan Act of 2021 which, among other things:
    • extends Federal Pandemic Unemployment Compensation (FPUC), Pandemic Emergency Unemployment Compensation (PEUC), and Pandemic Unemployment Assistance (PUA) benefits until September 6, 2021;
    • increases the maximum duration of PEUC benefits from 24 to 53 weeks;
    • increases the maximum duration of PUA benefits from 50 to 79 weeks; and
    • exempts the first $10,200 of unemployment benefits from federal income taxes for household gross incomes of less than $150,000.
  • January 21, 2021: President Joe Biden issues Executive Order on Protecting Worker Health and Safety, which requires the Secretary of Labor to, among other things:
    • issue revised OSHA guidance to employers on workplace safety during COVID-19; and
    • launch a national program to focus OSHA enforcement efforts related to COVID-19 violations that pose the largest risk to workers or are contrary to anti-retaliation principles.
  • January 21, 2021: President Biden issues Executive Order on Promoting COVID-19 Safety in Domestic and International Travel which, among other things, requires:
    • masks to be worn on or in airports, commercial aircraft, trains, public maritime vessels, intercity bus services, and all forms of public transportation as defined in 49 U.S.C. 5302; and
    • travelers entering the US from a foreign country to produce proof of a recent negative COVID-19 test and comply with other CDC guidelines regarding international travel, including recommended self-quarantine and self-isolation periods.
  • January 20, 2021: President Biden issues Executive Order 13991 requiring on-duty or on-site federal employees, on-site federal contractors, and other individuals in federal buildings and on federal lands to:
    • wear masks;
    • maintain physical distance; and
    • adhere to other public health measures as provided in CDC guidelines.

Federal Administrative Agency Regulations and Guidance

Department of Labor: Employment and Training Administration (ETA)

  • July 10, 2023: The Department of Labor (DOL) issues updated COVID-19 Workplace Safety Plan, which includes updates to comply with:
    • Executive Order 14099 on Moving Beyond COVID-19 Vaccination Requirements for Federal Workers; and
    • the end of the COVID-19 public health emergency and updated CDC COVID-19 data collection.
  • February 7, 2022: The ETA issues Change 1 to Unemployment Insurance Program Letter (UIPL) 20-21, which provides guidance to states on waiving recovery of overpayment under the CARES Act unemployment programs, including:
    • elaborating on the criteria for waiving recovery when an individual is without fault;
    • expanding the existing limited scenarios for "blanket waivers"; and
    • reminding states that recovery activities for fraudulent overpayments may never be waived.
  • July 12, 2021: The ETA issues UIPL 14-21, which provides guidance to states regarding requirements after the CARES Act unemployment benefits are terminated or expire on September 6, 2021. The Change requires states to:
    • accept all PUA, FPUC, PEUC, and MEUC claims for a certain period of time after termination or expiration and determine all eligibility issues in a timely manner;
    • individually notify individuals receiving PUA, FPUC, PEUC, and MEUC benefits of the termination or expiration; and
    • continue to comply with return to work reporting requirements.
  • May 5, 2021: The ETA issues UIPL 20-21, which provides guidance on addressing CARES Act unemployment benefit overpayments and noting that states:
    • may choose to waive recovery of overpayments under certain circumstances when an individual is not at fault, such as when the individual was found eligible but received payments from the wrong CARES Act benefit program;
    • must generally refund payments recovered before this guidance if the state determines the individual meets the waiver provisions; and
    • must assess monetary penalties in addition to requiring repayment when individuals collected CARES Act benefits fraudulently.
  • February 25, 2021: The ETA issues Change 5 to UIPL 16-20, which provides guidance to states regarding changes made to the Pandemic Unemployment Assistance (PUA) program. The guidance expands unemployment eligibility to workers who:
    • declined work at a worksite not in compliance with COVID-19 health and safety standards;
    • were laid off or had hours reduced due to COVID-19; and
    • are school employees working without a contract or reasonable assurance of continued employment when schools closed due to COVID-19.
  • January 5, 2021: The ETA issues Change 3 to UIPL 15-20, which provides guidance to states regarding the changes made to the Federal Pandemic Unemployment Compensation (FPUC) program and the creation of the Mixed Earner Unemployment Compensation (MEUC) program.

Department of Labor: Employee Benefits Security Administration (EBSA)

  • April 7, 2021: The EBSA publishes American Rescue Plan Act FAQs and model notices for employers. The ARPA requires employers to cover COBRA premium costs from April 1 through September 30, 2021 for employees who have had a reduction in hours or involuntary termination. The employers will be reimbursed by the federal government through a tax credit.

Equal Employment Opportunity Commission (EEOC)

  • May 15, 2023: EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other equal employment opportunity (EEO) laws to include information regarding the end of the federal COVID-19 public health emergency. Among other things, the updates include information about:
    • Assessing reasonable accommodations that were provided due to pandemic-related circumstances;
    • Examples of reasonable accommodations for employees with Long COVID;
    • Remaining alert for COVID-19 related harassment of applicants or employees with a disability-related need to continue wearing a face mask or taking other precautions at work.
  • July 12, 2022: The EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws to clarify that employers must conduct an individualized assessment to justify employee COVID-19 screening, considering factors such as:
    • community transmission levels;
    • employee vaccination status;
    • accuracy and speed of COVID-19 test processing;
    • the degree to which breakthrough infections are possible;
    • transmissibility and severity of illness of the current variant;
    • types of contacts employees may have with others in the workplace; and
    • potential impact on operations if an employee enters the workplace with COVID-19.
  • March 14, 2022: The EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws to further clarify:
    • employee requests for religious accommodations (Section L); and
    • pandemic-related caregiver discrimination (Section I).
  • December 14, 2021: The EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws to add Section N. COVID-19 and the Definition of "Disability" Under the ADA/Rehabilitation Act, which states that:
    • COVID-19 may cause impairments that are themselves disabilities under the ADA, regardless of whether the initial COVID-19 case constituted a disability;
    • mild symptoms of COVID-19 that resolve in a few weeks (with no other consequences) will not result in an ADA disability and entitlement to a reasonable accommodation; and
    • employers risk violating the ADA if they rely on myths, fears, or stereotypes about a condition and prevent an employee's return to work after medically cleared.
  • October 25, 2021: The EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws to add Section L. Vaccinations – Title VII and Religious Objections to COVID-19 Vaccine Mandates. The updated guidance provides, among other things, that:
    • while there is no specific language that must be used, employees must inform their employers if they seek a religious exception to a COVID-19 vaccine mandate;
    • employers may ask for additional information about an employee's request for a religious exception if there is an objective basis for questioning the religious nature or the sincerity of a particular belief;
    • Title VII requires employers to consider requests for religious accommodations but does not protect social, political, or economic views, or personal preferences regarding the COVID-19 vaccine;
    • Title VII does not require employers to accommodate religious exceptions if, after considering the particular facts of the situation, it can demonstrate that the accommodation would result in undue hardship; and
    • employers may consider, but are not required to provide, the employee's requested accommodation if there is more than one reasonable accommodation that would resolve the religious conflict without causing an undue hardship.
  • October 13, 2021: The EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws to note that:
    • information regarding an employee's vaccination status should be kept confidential and stored separately from personnel files under the ADA;
    • asking employee's about their vaccination status is not a disability-related inquiry under the ADA;
    • pregnant employees who request an exemption from a vaccination requirement may be entitled to job modifications, including telework, schedule changes, and leave, to the extent such modifications are provided to other employees similar in their ability or inability to work;
    • requesting proof of an employee's vaccination from a health care provider, pharmacy, or health department does not implicate the Genetic Information Nondiscrimination Act (GINA);
    • the ADA and GINA limit the value of vaccine incentives if the employer or its agent administers the vaccine, but does not limit the value of a vaccine incentive if an unaffiliated health care provider administers the vaccine.
  • September 9, 2021: The EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws to note that "long COVID" may be a disability under the ADA and Section 501 of the Rehabilitation Act. The EEOC plans to release additional technical assistance about COVID-19 and ADA "disability" in the coming weeks.
  • May 28, 2021: The EEOC updates its Technical Assistance Questions and Answers on COVID-19 and the ADA, the Rehabilitation Act, and other EEO laws. The updated guidance includes information regarding vaccine incentives and states that employers may:
    • offer incentives to employees to voluntarily receive the COVID-19 vaccine, provided that the incentive is not so substantial as to be coercive;
    • offer unlimited incentives to employees who voluntarily provide documentation that they received the COVID-19 vaccine on their own from a third-party provider; and
    • not offer incentives to have employees' family members receive the COVID-19 vaccine, but may offer to vaccinate family members without incentives.
  • January 12, 2021: The EEOC schedules EEO data collections after COVID-19 delay as follows:
    • April 2021: 2019 and 2020 EEO-1 Component 1 Data (Private Sector Employers);
    • July 2021: 2020 EEO-5 Data (Public Elementary/Secondary School Districts);
    • August 2021: 2020 EEO-3 Data (Local Referral Unions); and
    • October 2021: 2021 EEO-4 Data (State/Local Governments).

Occupational Safety and Health Administration (OSHA)

  • August 26, 2022: District of Columbia Circuit denies motion by nurses union to compel OSHA to enter a permanent COVID-19 healthcare standard within 30 days while enforcing the Healthcare ETS in the interim, stating that the court lacks jurisdiction to order OSHA to reach a particular result in its rulemaking process (In re Nat'l Nurses United, (D.C. Cir. Aug. 26, 2022)).
  • May 2, 2022: OSHA reopens the docket regarding a proposed final rule to protect healthcare workers from COVID-19 following the public hearing, allowing post-hearing comments and briefs to be submitted through May 23, 2022.
  • March 22, 2022: OSHA reopens rulemaking record regarding a proposed final rule to protect healthcare workers from COVID-19 to seek comments regarding:
    • alignment with the CDC's recommendations;
    • additional flexibility for employers;
    • employer support for employees who wish to be vaccinated;
    • COVID-19 recordkeeping and reporting; and
    • health effects and risk of COVID-19 since the healthcare ETS was issued.
  • March 7, 2022: OSHA announces enforcement initiative for hospitals and nursing facilities that treat COVID-19 patients, stating that between March 9 and June 9, 2022, OSHA will increase its presence to ensure that these facilities are complying with necessary actions to respond to ongoing or future COVID-19 surges.
  • January 25, 2022: OSHA withdraws the Vaccination and Testing ETS, effective January 26, 2022.
  • January 13, 2022: US Supreme Court stays the OSHA COVID-19 Vaccination and Testing ETS, finding that the mandate exceeds OSHA's statutory authority (Nat'l Fed'n of Indep. Bus. v. OSHA, (US Jan. 13, 2022)).
  • November 30, 2021: OSHA extends comment period for the COVID-19 Vaccination and Testing ETS to January 19, 2022.
  • November 4, 2021: OSHA issues COVID-19 Vaccination and Testing ETS and related guidance, including FAQs, sample policy templates, and fact sheets. The ETS requires all employers with 100 or more employees to, among other things:
    • ensure that their employers are either fully vaccinated by January 4, 2022 or undergo weekly COVID-19 testing;
    • ensure that all unvaccinated employees wear masks in the workplace; and
    • provide up to four hours of paid time off for employees to receive the COVID-19 vaccine and reasonable sick leave to recover from side effects.
    Challenges to OSHA's ETS
    The ETS has been challenged in several lawsuits and was stayed within two days of publication by the US Court of Appeals for the Fifth Circuit (BTS Holdings L.L.C. et al. v. OSHA, (5th Cir. Nov. 6, 2021)). On November 16, 2021, the US Court of Appeals for the Sixth Circuit "won" the lottery by the Judicial Panel on Multidistrict Litigation to hear the consolidated legal challenges to the OSHA ETS (In re OSHA, Interim Final Rule, MCP No. 165 (J.P.M.L. Nov. 16, 2021)). A randomly selected three-judge panel was assigned to the consolidated proceedings. On December 17, 2021, the Sixth Circuit panel issued an opinion dissolving the Fifth Circuit stay (In re: MCP No. 165, (6th Cir. Dec. 17, 2021)). Following the Sixth Circuit's order lifting the stay, OSHA announced that it will exercise enforcement discretion and will not begin issuing citations for noncompliance until January 10, 2022 (OSHA: COVID-19 Vaccination and Testing ETS). On January 13, 2022, the US Supreme Court stays the OSHA ETS, finding that the mandate exceeds OSHA's statutory authority (Nat'l Fed'n of Indep. Bus. et al. v. OSHA, (US Jan. 13, 2022)). For the latest developments in this and other lawsuits challenging the ETS, see Legal Update, OSHA Issues COVID-19 Vaccination and Testing Emergency Temporary Standard for Employers with 100 or More Employees: Legal Challenges to the OSHA ETS.
  • September 21, 2021: OSHA announces a virtual meeting on October 13, 2021 where it will solicit public comments and suggestions regarding steps OSHA can take to ensure workers are protected from retaliation for raising concerns related to the COVID-19 pandemic.
  • August 13, 2021: OSHA issues updated COVID-19 guidance to mirror the CDC's guidance and recommend that fully vaccinated individuals continue to wear masks and submit to COVID-19 testing in certain circumstances.
  • July 14, 2021: OSHA issues correction to the healthcare Emergency Temporary Standard (ETS), which makes minor, non-substantive changes to incorrectly labeled sections and docket numbers.
  • July 7, 2021: OSHA issues revised COVID-19 National Emphasis Program (NEP) to focus programmed inspections on industries at most risk of COVID-19 exposure. The revised NEP:
  • June 30, 2021: OSHA issues compliance directive for enforcing the healthcare worker Emergency Temporary Standard that includes guidance and procedures for:
    • written COVID-19 plans;
    • employee and visitor screening and management;
    • personal protective equipment;
    • physical distancing and barriers;
    • cleaning and disinfecting;
    • ventilation;
    • vaccination;
    • training;
    • anti-retaliation; and
    • recordkeeping and OSHA reporting.
  • June 10, 2021: OSHA issues Emergency Temporary Standard (ETS) to protect healthcare workers from contracting COVID-19. Effective June 21, 2021, the ETS requires healthcare employers to, among other things:
    • conduct a hazard assessment and develop a plan to mitigate virus spread;
    • screen employees, patients, and other non-employees for COVID-19 symptoms upon entry;
    • provide and ensure employees who are exposed to suspected or confirmed COVID-19 cases wear respirators and other PPE;
    • provide reasonable time and paid leave for employees to receive the COVID-19 vaccine and for any vaccine side effects;
    • allow employees with a suspected or confirmed COVID-19 diagnosis to work remotely or in isolation, or provide them with paid time off up to $1,400 per week until they can return to the workplace;
    • provide training to all employees regarding COVID-19 transmission and policies; and
    • inform all employees of their rights and refrain from discriminating or retaliating against any employee for exercising their rights under the ETS.
  • June 10, 2021: OSHA updates COVID-19 guidance to recommend that higher-risk workplaces with unvaccinated workers, including manufacturing, meat processing, and high-volume retail and grocery, to take additional precautions such as:
    • staggering break times to avoid unvaccinated and other at-risk workers congregating;
    • providing visual cues (e.g., floor markings and signs) to ensure social distancing;
    • staggering arrival and departure times;
    • shifting primary stocking activities of unvaccinated workers to off-peak or after hours to reduce contact between unvaccinated workers and customers; and
    • implementing strategies to improve ventilation.
  • May 21, 2021: OSHA revises its Vaccine-Related FAQs, stating that employers do not need to record adverse reactions to the COVID-19 vaccine on the OSHA recordkeeping log at least through May 2022.
  • May 17, 2021: OSHA updates COVID-19 guidance, directing employers to follow CDC guidance regarding fully vaccinated individuals until OSHA reviews and updates its own materials.
  • April 21, 2021: OSHA issues updated Vaccine-Related FAQs, stating that only employers that require their employees to receive the COVID-19 vaccine should record adverse reactions to the vaccine on the OSHA recordkeeping log.
  • March 12, 2021: OSHA issues Updated Interim Enforcement Response Plan for COVID-19, which provides new instructions and guidance to area offices and compliance safety and health officers for handling COVID-19-related complaints, referrals, and severe illness reports.
  • March 12, 2021: Per President Biden's Executive Order, OSHA announces the launch of a new national emphasis program, which is designed to:
    • reduce or eliminate COVID-19 exposure for workers in high-risk companies; and
    • protect workers who raise concerns about their employer's unsafe working conditions.
  • February 1, 2021: OSHA updates its COVID-19 FAQ, waiving the requirement that employers post Form 300A, the annual log of work-related injuries and illnesses, if no workers are at the worksite between February 1 and May 1, 2021. If employers reopen and employees return before May 1, 2021, employers must post the Form 300A in a conspicuous place.
  • January 29, 2021: OSHA issues Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace, which provides additional information on key COVID-19 prevention measures, including:
    • separating infected and potentially infected workers;
    • implementing physical distancing measures;
    • installing barriers where physical distancing cannot be maintained;
    • using face coverings and other PPE;
    • requiring workers who have been vaccinated to continue following protective measures;
    • improving ventilation;
    • providing supplies for good hygiene; and
    • implementing routine cleaning and disinfection.

Centers for Disease Control (CDC)

  • March 1, 2024: CDC announces that individuals who test positive for COVID-19 may return to normal activities if symptoms are improving after 24 hours.
  • August 11, 2022: CDC issues updated guidance designed to help individuals protect themselves and understand their risk, including:
    • continuing to promote keeping up to date with vaccination;
    • recommending wearing a high-quality mask for 10 days and testing on day 5 after COVID-19 exposure (rather than quarantining);
    • recommending isolating from others for at least 5 days when you have COVID-19, regardless of vaccination status;
    • no longer recommending testing asymptomatic people without known exposures; and
    • recommending considering the risks of particular settings, including local COVID-19 community levels and ventilation, when assessing the need to maintain physical distance.
  • April 21, 2022: CDC updates its COVID-19 Vaccination Guidance to note that individuals are up to date with their vaccination as long as they have received all doses in the primary series and one booster when eligible. The CDC does not require a second booster at this time.
  • April 18, 2022: US District Court for the Middle District of Florida grants summary judgment in favor of plaintiffs and declares the CDC's requirement that all persons age two and over wear face masks in airports, train stations, and other transportation hubs to be unlawful (Health Defense Fund v. Biden et al., No. 8:21-cv-1693 (M.D. Fla. Apr. 18, 2022)).
  • March 30, 2022: CDC publishes Quarantine and Isolation Calculator, which helps individuals determine how long they need to isolate, quarantine, or take other steps to prevent spreading COVID-19.
  • February 25, 2022: CDC updates mask guidance based on COVID-19 Community Levels, which recommends that individuals wear masks in:
    • medium areas of transmission if they are or live with someone who is immunocompromised or at high risk for severe illness; and
    • indoor places with high areas of transmission regardless of vaccination status.
  • January 27, 2022: CDC updates its travel guidance for Non-U.S. citizens and Non-U.S. immigrants traveling to the United States to require individuals who are not fully vaccinated to attest to some or all of the following:
    • get tested 3-5 days after arrival;
    • stay home or in a hotel and self-quarantine for 7 days;
    • isolate if they test positive; or
    • agree to become fully vaccinated if they intend to stay in the US for 60 days or longer.
  • January 6, 2022: CDC expands eligibility for COVID-19 booster shots, recommending that:
    • everyone age 12 and over who received the Pfizer-BioNTech vaccine should get a booster at least five months after completing the primary series;
    • everyone age 18 and over who received the Moderna vaccine should get a booster at least six months after completing the primary series; and
    • everyone age 18 and over who received the Janssen/J&J vaccine should get a booster at least two months after receiving the vaccine.
  • January 4, 2022: CDC updates quarantine and isolation guidance, which recommends:
    • fully vaccinated individuals (including boosters if eligible) and those who have had COVID-19 in the past 90 days do not need to quarantine after exposure to COVID-19;
    • unvaccinated individuals and fully vaccinated individuals who have not received a booster should quarantine for at least five days following COVID-19 exposure and wear a mask around others for at least ten days;
    • individuals with a positive COVID-19 test or COVID-19 symptoms should isolate for at least five days and wear a mask around others for an additional five days.
  • December 27, 2021: CDC announces that it is shortening the quarantine and isolation periods to five days for those who test positive for or are exposed to COVID-19 and recommends continued mask use around others for an additional five days.
  • December 20, 2021: CDC updates information on the Omicron variant and continues to recommend that all persons wear a mask in public indoor settings in areas of substantial or high community transmission, regardless of vaccination status.
  • December 2, 2021: CDC issues amended order regarding airline passenger testing requirements, which require all airline passengers two years and older arriving to the US from a foreign country to present either:
    • a negative pre-departure COVID-19 test taken from a specimen collected no more than one calendar day before departure; or
    • documentation of recovery from COVID-19 in the past 90 days that consists of both a positive COVID-19 test from a specimen collected no more than 90 days before the flight and a letter from a licensed healthcare provider or public health official stating the passenger has been cleared for travel.
  • October 21, 2021: CDC expands eligibility for COVID-19 booster shots, endorsing the ACIP and FDA recommendation that individuals:
    • who received the Pfizer-BioNTech or Moderna vaccine to receive a booster dose at least six months after their primary series if they are age 65 and older or 18 and older and live in long-term care settings, have underlying medical conditions, or work in high-risk settings; and
    • who received the Johnson & Johnson to receive a booster dose at least two months after completion of the single-dose.
  • September 24, 2021: CDC issues Statement on ACIP Booster Recommendations, which recommends that:
    • individuals age 65 and older should receive the Pfizer-BioNTech booster at least six months after the primary series;
    • individuals age 50-64 with underlying medical conditions should receive the Pfizer-BioNTech booster at least six months after the primary series;
    • individuals age 18-49 with underlying medical conditions may receive the Pfizer-BioNTech booster at least six months after the primary series, based on their individual benefits and risks; and
    • individuals age 18-64 who are at increased risk for COVID-19 exposure and transmission because of occupational or institutional setting may receive the Pfizer-BioNTech booster at least six months after the primary series, based on their individual benefits and risks.
  • September 1, 2021: CDC updates its vaccine guidance to include COVID-19 Vaccine Booster Shot FAQs, which address timing and eligibility for vaccine booster shots.
  • July 27, 2021: CDC revises its guidance for fully vaccinated individuals, recommending that all individuals wear a mask indoors in public if they live in an area of substantial or high transmission.
  • May 13, 2021: CDC issues updated guidance, noting that fully vaccinated individuals may:
    • resume activities without wearing a mask or social distancing in any setting, except where required by federal, state, and local law, including local business and workplace guidance; and
    • refrain from testing following a known COVID-19 exposure, except for residents or employees of correctional facilities and homeless shelters.
  • April 27, 2021: CDC issues updated guidance, noting that fully vaccinated individuals do not need to:
    • wear a mask outdoors, except in certain crowded settings and venues;
    • be restricted from work following an exposure, provided they are asymptomatic; and
    • submit to routine screening testing if asymptomatic and not exposed to COVID-19.
  • March 23, 2021: CDC issues updated guidance for fully vaccinated individuals, noting that they may:
    • gather indoors with other fully vaccinated people without wearing a mask;
    • gather indoors with unvaccinated people from one other household without wearing masks, provided that they do not have an increased risk of severe COVID-19 complications; and
    • avoid quarantine after COVID-19 exposure, unless they have symptoms.
  • March 16, 2021: CDC issues workplace vaccination guidance, which provides information for employers that are considering on-site or off-site vaccination programs. The guidance recommends that employers:
    • offer flexible, non-punitive sick leave options for employees who have signs or symptoms after vaccination;
    • allow time for vaccine confidence to grow among employees and offer more than one opportunity for vaccination; and
    • ask respected organizations and individuals within the community to help build employee vaccine confidence.
  • March 8, 2021: CDC issues interim public health recommendations for fully vaccinated people which states that fully vaccinated people (those who have had their final dose for at least two weeks) can:
    • visit with other fully vaccinated people indoors without wearing masks or physical distancing;
    • visit with unvaccinated people from a single household who are at low risk for severe COVID-19 complications; and
    • refrain from quarantining and testing after exposure if asymptomatic.
  • February 23, 2021: CDC issues updated guidance on types of masks and wearing masks, which includes information on how to select, wear, and clean masks.
  • February 13, 2021: CDC provides Customizable COVID-19 Vaccine Content for Essential Workers for employers to use to encourage their employees to receive the vaccine and includes letters, FAQs, slides, posters, and social media content.
  • February 10, 2021: CDC updates its COVID-19 Vaccine guidance, stating that vaccinated individuals are not required to quarantine after being exposed to COVID-19 if they:
    • are fully vaccinated, having received the full dose at least 14 days before the exposure;
    • are within three months following receipt of the last dose in the series; and
    • have remained asymptomatic since the COVID-19 exposure.
  • February 3, 2021: CDC publishes face mask requirement which, effective February 1, 2021, requires all persons age two and over to wear face masks while inside public transportation hubs, and when boarding, riding, and disembarking public transportation, including airplanes, trains, subways, buses, taxis, ride-shares, ferries, and ships (86 Fed. Reg. 8025 (Feb. 3, 2021)).
  • January 21, 2021: CDC issues updated COVID-19 Workplace Testing guidance, which provides guidance for employers developing a workplace testing program to ensure that employees have informed consent. The guidance includes information to include in disclosures and recommends that employers:
    • ensure safeguards are in place to protect employees' privacy and confidentiality;
    • provide complete and understandable information about how the testing program may impact employees, such as if a positive test or refusal to participate may mean exclusion from work;
    • explain any parts of the testing program that employees would consider especially important when deciding whether to participate;
    • provide information about the testing program in the employee's preferred language using non-technical terms;
    • encourage supervisors and co-workers to avoid pressuring employees to participate; and
    • encourage and answer questions during the informed consent process to promote active information sharing and free choice.
  • January 21, 2021: CDC publishes Vaccine Communication Toolkit for Essential Workers: Getting Started, which includes:
    • COVID-19 Vaccination FAQs for Employers;
    • COVID-19 Vaccination FAQs for Employees;
    • sample newsletter content and letters to employees; and
    • posters, flyers, and social media messages to encourage employees to be vaccinated.

Food & Drug Administration (FDA)

  • January 31, 2022: FDA announces that it has granted full approval for the Moderna COVID-19 vaccine (now marketed as Spikevax) for individuals 18 years of age and older.
  • December 9, 2021: FDA amends the emergency use authorizations for the Pfizer-BioNTech vaccine to authorize a single booster dose to individuals 16 and 17 years of age at least six months after completing their primary series.
  • October 29, 2021: FDA authorizes the emergency use of the Pfizer-BioNTech vaccine for children age 5 to 11 years of age.
  • October 20, 2021: FDA amends the emergency use authorizations for COVID-19 vaccines to allow a single booster dose to:
    • individuals who received either the Pfizer BioNTech or Moderna vaccine at least six months after completion of their primary series if they are age 65 or older or age 18 or older and at high risk of severe COVID-19 or live and work in high-risk settings; and
    • all individuals who received the Johnson & Johnson vaccine at least two months after completion of the single-dose vaccine.
  • September 22, 2021: FDA amends the emergency use authorization for the Pfizer-BioNTech COVID-19 vaccine to allow a single booster dose to be administered at least six months after completion of the two-dose series to:
    • individuals 65 years and older;
    • individuals 18 through 64 years at high risk of severe COVID-19; and
    • individuals 18 through 64 years whose frequent institutional or occupational exposure to the virus puts them at high risk of serious complications of COVID-19, including severe COVID-19.
  • August 23, 2021: FDA announces that it has granted full approval of the first COVID-19 vaccine for individuals 16 years of age and older. Previously known as the Pfizer-BioNTech COVID-19 Vaccine, the approved vaccine will be marketed as Comirnaty. The Pfizer vaccine remains available under Emergency Use Authorization (EUA) for individuals between 12 and 15 years old and for a third "booster" shot for certain immunocompromised individuals.
  • August 12, 2021: FDA amends EUA approval for Moderna and Pfizer vaccines to authorize third dose for certain immunocompromised individuals.
  • May 10, 2021: FDA grants EUA approval for Pfizer vaccine for individuals between 12 and 15 years old.
  • February 21, 2021: FDA announces that is has granted EUA approval for the Jansen (J&J) single-dose COVID-19 vaccine for individuals 18 years of age and older.

Department of Homeland Security (DHS)

  • February 1, 2021: DHS issues statement on equal access to COVID-19 vaccines and distribution sites for undocumented immigrants which:
    • encourages all individuals, including undocumented immigrants, to receive the COVID-19 vaccine; and
    • states that the United States Immigration and Customs Enforcement (ICE) and Customs and Border Protection will not conduct enforcement operations at or near vaccine distribution sites.

Department of Health & Human Services (DHHS)

  • March 29, 2023: DHHS, DOL, and the Department of Treasury release updated FAQs about FFCRA, CARES Act, and HIPAA Implementation 58, which provide guidance on COVID-19 issues after the end of the national public health emergency, including:
    • cost coverage of COVID-19 tests and vaccinations; and
    • extended deadlines for COBRA, special enrollments, and group health plan claims and appeals.
  • November 30, 2021: DHHS issues interim final rule requiring all Head Start staff, contractors, and volunteers to be vaccinated for COVID-19 by January 31, 2022 (86 Fed. Reg. 68052-01 (Nov. 30, 2021).
  • September 30, 2021: DHHS issues HIPAA, COVID-19 Vaccination, and the Workplace guidance, which states that the HIPAA Privacy Rule:
    • does not prohibit any person or entity from asking about an individual's COVID-19 vaccination status;
    • does not prevent a business's customers or clients from disclosing their COVID-19 vaccination status;
    • does not prohibit an employer from requiring a workforce member to disclose their vaccination status to the employer, clients, or other parties; and
    • generally prohibits a doctor's office from disclosing an individual's COVID-19 vaccination status to their employer or other parties.
  • July 26, 2021: DHHS and DOJ issue guidance stating that long COVID can be a disability under Titles II and III of the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act, and Section 1557 of the Patient Protection and Affordable Care Act.

National Labor Relations Board (NLRB)

  • May 16, 2023: The NLRB General Counsel revised General Counsel Memorandum 20-10 reducing restrictions and requirements associated with NLRB manual elections, that is, in-person, secret ballot elections, in light of the end of the US national emergency regarding COVID-19, the federal COVID-19 public health emergency declaration, and the World Health Organization's declaration of a global health emergency. The previous General Counsel issued General Counsel Memorandum 20-10 on July 6, 2020, setting protocols for conducting manual elections during the COVID-19 pandemic. The Board incorporated considerations from that memorandum into its factors for determining the propriety of instead conducting mail ballot elections (Aspirus Keweenaw, 370 N.L.R.B. No. 45 (Nov. 9, 2020); Starbucks Corp., 371 N.L.R.B. No. 154 (Sept. 29, 2022)). While the memorandum reminds Regional Offices of their discretion when determining whether the NLRB might fairly and safely conduct elections, its reduced restrictions should lead to Regional Directors more frequently directing manual elections than in recent years. (Compare Suggested Manual Election Protocols, NLRB Gen. Counsel Mem. GC 20-10, (July 6, 2010) with Suggested Manual Election Protocols”, NLRB Gen. Counsel Mem. GC 20-10 (Revised), (May 16, 2023); also see Guidance on Propriety of Mail Ballot Elections, Pursuant to Aspirus Keweenaw, 370 NLRB No. 45 (2020), NLRB Gen. Counsel Mem. GC 21-01, (Nov. 10, 2020).)
  • November 23, 2022: The NLRB held that a nursing home and rehabilitation facility violated Section 8(a)(5) of the NLRA by unilaterally rescinding, reducing, and discontinuing sets of "special COVID-19 hourly rate bonuses," which it paid to employees at the outset of the pandemic. The NLRB held that attendance was a prerequisite to receiving the bonuses so the bonuses could not be characterized as discretionary, for which bargaining ordinarily would not be required. The NLRB further reasoned that the bonuses were for accepting the increased risks of infection from working closely with patients making them akin to hazard pay, a mandatory subject of bargaining. The employer therefore was required to provide the union with notice and opportunity to bargain before altering or discontinuing these bonuses. (Alaris Health at Blvd. E., 372 N.L.R.B. No. 6 (Nov. 23, 2022).)
  • September 29, 2022: An NLRB majority amended one of the six Aspirus Keweenaw factors justifying, but not requiring, an NLRB Regional Director to direct a mail-ballot election rather than manual elections based on circumstances associated with the COVID-19 pandemic. For Decisions and Directions of Election issuing after the issuance of Starbucks, the Aspirus Keweenaw factor 2 is whether the CDC county-based Community Level is "high." Previously the factor was whether, based on data collected by Johns Hopkins University or state and local governments, the 14-day trend in either the number of new confirmed COVID-19 cases in the county encompassing the employer's facility is increasing, or whether the 14-day testing positivity rate in that county is 5% or higher. Based on the new factor, the NLRB will hold that a Regional Director has not abused their discretion by directing a mail-ballot election whenever the relevant CDC Community Level is "high." (Starbucks Corp., 371 N.L.R.B. No. 154 (Sept. 29, 2022); see Aspirus Keweenaw, 370 N.L.R.B. No. 45 (Nov. 8, 2020); for more information on Aspirus Keweenaw, see Legal Update, NLRB Sets Out Six-Factor Guidelines Favoring Mail-Ballot Elections During COVID-19 Pandemic).
  • June 2, 2022: The NLRB modified its standard remedial language for the timing of electronic notice-posting of unfair labor practices (ULPs) at workplaces that continue to be impacted by COVID-19. Specifically, for facilities that have not reopened due to COVID-19 or where a substantial number of employees have not returned to work on-site and the employer is communicating with employees by electronic means, any required electronic notice posting must occur within 14 days after service by the Region. The NLRB retained the deferred timeframe adopted in Danbury Ambulance Service, Inc. for physical posting, which still must occur within 14 days of the facility's reopening and staffing by a substantial complement of employees (369 N.L.R.B. No. 68 (May 6, 2020)). (Paragon Systems, Inc., 371 N.L.R.B. No. 104 (June 2, 2022); see also NLRB News Release: NLRB Modifies Timing of Electronic Notice Posting in Workplaces Impacted by COVID-19.)

Internal Revenue Service (IRS)

  • June 11, 2021: IRS issues updated FAQs regarding employer tax credits available under the American Rescue Plan Act of 2021 for leave taken by employees from April 1 through September 30, 2021.
  • January 28, 2021: IRS issues updated FAQs regarding the extension of employer tax credits under the Consolidated Appropriations Act of 2021 for providing paid sick and family leave under the FFCRA.

Department of Justice (DOJ) / Federal Trade Commission (FTC)

  • July 6, 2021: The DOJ issues opinion stating that the FDA's Emergency Use Authorizations (EUAs) for the COVID-19 vaccines do not prohibit entities from imposing vaccine requirements on individuals returning to work or accepting employment.

Veterans Affairs (VA)

  • August 12, 2021: VA Secretary Denis McDonough announces that beginning August 13, 2021, Veterans Health Administration (VHA) employees, volunteers, and contractors who work in or visit VHA facilities or otherwise come in contact with VA patients and healthcare workers must become fully vaccinated against COVID-19 within 8 weeks.
  • July 26, 2021: The VA issues mandate requiring its health care personnel who work in VHA facilities, visit VHA facilities, or provide direct care to those the VA serves to be fully vaccinated within 8 weeks.

Centers for Medicare and Medicaid (CMS)

  • June 5, 2023: CMS publishes Final Rule removing the vaccination and testing requirements for covered healthcare workers (88 Fed. Reg. 36485 (June 5, 2023)).
  • October 3, 2022: US Supreme Court denies petition for certiorari filed by Missouri and nine other states to challenge the CMS Interim Final Rule (Missouri v. Biden, (US Oct. 3, 2022)).
  • January 14, 2022: CMS issues Interim Final Rule guidance for the states in which the Interim Final Rule was previously enjoined (except Texas), requiring covered facilities to be 100% compliant with the standard by April 14, 2022 and to demonstrate:
    • by February 13, 2022, that policies and procedures are developed and implemented to ensure all staff are vaccinated for COVID-19 and that all staff have either received at least one COVID-19 vaccination dose or have a pending or granted qualifying exemption request;
    • by March 15, 2022, all staff have either completed the COVID-19 vaccination series or received a qualifying exemption.
  • January 13, 2022: US Supreme Court grants the government's application to stay the injunctions issued by the Eastern District of Missouri and the Western District of Louisiana, allowing the CMS Interim Final Rule to be enforced nationwide (Biden v. Missouri, (US Jan. 13, 2022)).
  • December 28, 2021: CMS issues Interim Final Rule guidance for the states in which the Interim Final Rule is not enjoined, which requires covered facilities to be 100% compliant with the standard by March 28, 2022 and to demonstrate:
    • by January 27, 2022, that policies and procedures are developed and implemented to ensure all staff are vaccinated for COVID-19 and that all staff have either received at least one COVID-19 vaccination dose or have a pending or granted qualifying exemption request;
    • by February 26, 2022, all staff have either completed the COVID-19 vaccination series or received a qualifying exemption.
  • November 4, 2021: CMS issues Health Care Staff Vaccination Interim Final Rule, which requires all workers in healthcare facilities that participate in Medicare or Medicaid to become fully vaccinated by January 4, 2022 (86 Fed. Reg. 61555 (Nov. 5, 2021)).
    • November 10, 2021: The Interim Final Rule has been challenged in the Eastern District of Missouri by ten Attorneys General, arguing that it violates the Administrative Procedures Act, the Social Security Act, the Anti-Commandeering Doctrine, and the US Constitution, and seeking preliminary and permanent injunctions (Missouri et al. v. Biden et al., No. 4:21-cv-01329-SPM (E.D. Mo. Nov. 10, 2021)).
    • November 20, 2021: Northern District of Florida denies preliminary injunction of the Interim Final Rule in Florida, finding no showing of irreparable injury to support an injunction (Florida v. Dep't of Health & Human Servs., (N.D. Fla. Nov. 20, 2021)).
    • November 29, 2021: Eastern District of Missouri grants preliminary injunction, prohibiting CMS from enforcing the Interim Final Rule in Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire (Missouri et al. v. Biden et al., No. 4:21-cv-01329-MTS (E.D. Mo. Nov. 29, 2021)).
    • November 30, 2021: Western District of Louisiana grants preliminary injunction, prohibiting CMS from enforcing the Interim Final Rule nationwide (Louisiana et al. v. Becerra et al., (W.D. La. Nov. 30, 2021)).
    • December 6, 2021: US Court of Appeals for the Eleventh Circuit denies Florida's request for an injunction pending appeal. The court noted that although the Interim Final Rule is currently enjoined nationwide by the Western District of Louisiana, it had jurisdiction to address Florida's motion and found that Florida failed to carry its burden to warrant an injunction pending appeal. (State v. Dep't of Health & Human Servs., (11th Cir. Dec. 6, 2021)).
    • December 15, 2021: US Court of Appeals for the Fifth Circuit denies request to stay the district court's nationwide injunction, but grants request to stay the preliminary injunction beyond the 14 states that brought the lawsuit. The preliminary injunction prohibits the Interim Final Rule from being enforced in Alabama, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah, and West Virginia. (Louisiana et al. v. Becerra, (5th Cir. Dec. 15, 2021)).
    • December 22, 2021: US Supreme Court defers request for a stay of the preliminary injunction and agrees to hold oral argument regarding the CMS vaccine mandate on January 7, 2022 (Becerra v. Louisiana et al., Nos. 21A240, 21A241 (US Dec. 22, 2021)).
    • December 28, 2021: CMS announces that it will implement and enforce the Interim Final Rule on a modified timeline (January 27, 2022 for Phase 1 and February 28, 2022 for Phase 2) in the District of Columbia, the territories, and the 25 states where the Interim Final Rule is not enjoined.
    • January 13, 2022: US Supreme Court grants the government's application to stay the injunctions issued by the Eastern District of Missouri and the Western District of Louisiana, allowing the CMS Interim Final Rule to be enforced nationwide (Biden v. Missouri, (US Jan. 13, 2022)).

Federal Emergency Management Agency (FEMA)

  • May 4, 2022: FEMA issues notice authorizing federal funds for emergency protective measures at 100% of total eligible costs for work performed from January 20, 2020 through July 1, 2022 (87 Fed. Reg. 26366 (May 4, 2022)).

Department of Defense (DoD)

Select Business and Trade Association Guidelines

Directors Guild of America (DGA), SAG-AFTRA, International Alliance of Theatrical Stage Employees (IATSE), and Teamsters

  • July 1, 2022: The DGA, SAG-AFTRA, IATSE, and Teamsters extend the COVID-19 Return to Work Agreement until September 30, 2022 and make the following changes:
    • prohibit self-serve food service that requires sharing of serving utensils to employees who are not fully vaccinated; and
    • require cast and crew members to wear face masks at all times while sharing a vehicle.
  • May 6, 2022: The DGA, SAG-AFTRA, IATSE, and Teamsters extend the COVID-19 Return to Work Agreement until July 15, 2022 and make the following changes:
    • modify the triggers for escalating and de-escalating COVID-19 protocols based on community transmission rates;
    • require all employees to be periodically tested, regardless of vaccination status; and
    • require producers to provide all employees with face masks.
  • February 15, 2022: The DGA, SAG-AFTRA, IATSE, and Teamsters extend the COVID-19 Return to Work Agreement until April 30, 2022 and make the following changes:
    • modify the definition of "fully vaccinated" to require booster shots;
    • require the use of KN95, KF94, and N95 masks;
    • provide employees with 10 days of temporary COVID-19 paid sick leave between February 14 and September 30, 2022; and
    • specify the brands antigen tests that are acceptable to all parties.
  • July 19, 2021: The DGA, SAG-AFTRA, IATSE, and Teamsters enter into COVID-19 Return to Work Agreement, which outlines requirements for:
    • mandatory vaccination policies;
    • employee health screenings;
    • use of personal protective equipment; and
    • temporary COVID-19 paid sick leave.

American Hospital Association (AHA)

  • July 21, 2021: The AHA issues policy statement that:
    • strongly urges all health care personnel to receive the COVID-19 vaccine; and
    • supports hospitals and health systems that adopt mandatory COVID-19 vaccination policies.

SAG-AFTRA and Joint Policy Committee, LLC (JPC)

  • September 9, 2021: SAG-AFTRA and JPC enter into an addendum to the COVID-19 Commercial Production Safety and Testing Protocol Agreement, which lists requirements for producers who establish mandatory vaccination policies for commercial productions.
  • April 16, 2021: SAG-AFTRA and JPC enter into COVID-19 Commercial Production Safety and Testing Protocol Agreement that requires, among other things:
    • producers to test all individuals within two days of commencing work and every two days afterward;
    • all individuals to complete a health assessment before starting work each day;
    • producers to compensate individuals for traveling to undergo a COVID-19 test on days in which they do not work;
    • producers to provide all individuals with face coverings to be worn at all times; and
    • producers to implement a system to divide individuals into groups and locations to limit contact and interaction among others.

State and Local Laws and Directives

Many states have passed laws or issued executive orders and other directives in response to the COVID-19 global health crisis. Note that some state and local paid sick leave or paid family and medical leave laws already cover leave related to public health emergencies that may apply to leave necessitated by COVID-19. Laws that predate the pandemic declaration or provide for public health emergency leave more generically are not covered in this tracker. For information about those laws, see Practice Notes, Paid Sick Leave State and Local Laws Chart: Overview and Paid Family and Medical Leave State and Local Laws Chart: Overview.
Given the number of state and local jurisdictions, and the pace of these developments, this may not be an exhaustive list of all developments, but we will continue to update and expand this list as more information becomes available.
For more information on state developments, see:

Alabama

  • November 5, 2021: Governor Kay Ivey signs SB 9, which requires employers with vaccine mandates to:
    • provide employees an opportunity and a form to request an exemption from the vaccine mandate based on religious or medical reasons;
    • liberally construe an employee's eligibility for an exemption in favor of the employee;
    • allow an employee to appeal any denial of exemption within seven calendar days after the denial;
    • not terminate an employee who has been denied an exemption for at least seven days after the denial or, if an appeal was filed, until a final ruling has been issued in the employer's favor.
  • October 25, 2021: Governor Ivey issues Executive Order 724 which, among other things:
    • requires state agencies to cooperate with the Alabama Attorney General's office to challenge federally imposed COVID-19 vaccine requirements;
    • prohibits state agencies from penalizing a person or business for not complying with a federal vaccine requirement; and
    • prohibits a state entity from including in any state contract a provision imposing any duty or obligation on a private party regarding the vaccination status of the party or any of its officers, employees, or agents.
  • May 24, 2021: Governor Ivey signs SB 267, which prohibits government entities from:
    • issuing vaccine passports; and
    • requiring individuals to present proof of vaccination status to receive any government service or gain entry to a government building.
  • May 3, 2021: Governor Ivey announces that the COVID-19 public health order will end May 31, 2021 and the state of emergency will end July 6, 2021.
  • April 7, 2021: Governor Ivey issues Twenty-sixth Supplemental Emergency Proclamation which:
    • rescinds the statewide mask order; and
    • institutes a "Safer Apart" health order encouraging individuals and employees to wear masks and maintain six feet of separation from others.
  • March 4, 2021: Governor Ivey issues Twenty-third Supplemental Emergency Proclamation extending the statewide mask order until April 9, 2021.
  • February 12, 2021: Governor Ivey signs SB 30 which, among other things, provides civil immunity to covered entities (including businesses, health care providers, and any employee or agent) from COVID-19 related damages, provided that there was no wanton, reckless, or willful conduct or intentional misconduct.
  • January 21, 2021: Governor Ivey issues Twenty-second Supplemental Emergency Proclamation extending the statewide mask order until March 5, 2021.
For the latest Alabama information and resources on COVID-19, see Alabama Department of Labor, COVID-19 Resources.
For Alabama COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Alabama.

Alaska

  • February 28, 2022: City and Borough of Juneau rescinds the mask requirement, but continues to recommend masks in indoor public places.
  • January 3, 2022: City and Borough of Juneau issues mask mandate, which requires all individuals to wear masks, regardless of vaccination status, in:
    • all public indoor areas; and
    • public outdoor areas where six feet of distance cannot be maintained.
  • November 2, 2021: Governor Mike Dunleavy issues Administrative Order No. 325, which prohibits state agencies from participating in or using state funds or personnel to further a federal vaccine mandate for employers.
  • April 30, 2021: Governor Dunleavy signs proclamation ending the COVID-19 emergency declaration.
  • April 26, 2021: Governor Dunleavy issues Administrative Order No. 321, which states that the Executive Branch does not and will not require any person to produce their personal vaccine history in order to travel to or around the state.
For the latest Alaska information and resources on COVID-19, see Department of Labor and Workforce Development, COVID-19 Information.
For Alaska COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Alaska.

Arizona

  • July 6, 2022: Governor Doug Ducey signs SB 1346, which prohibits the state, a state agency, or contractor from sending employees to inquire about a person's vaccination status on a door-to-door basis.
  • May 20, 2022: Governor Ducey signs HB 2453, which prohibits state entities from requiring individuals to wear masks on the state entity's premises, except where long-standing workplace safety and infection control measures that are unrelated to COVID-19 may be required.
  • April 25, 2022: Governor Ducey signs HB 2498, which prohibits government entities from requiring Arizona residents to receive a COVID-19 vaccination.
  • December 21, 2021: Pima County Board of Supervisors passes Resolution 2021-87 which, effective until at least February 28, 2022, requires all persons age five and over to wear face coverings in all indoor places open to the public.
  • December 15, 2021: Governor Doug Ducey issues Executive Order 2021-21, which prohibits the state or any city, town, or county to require individuals to obtain a COVID-19 vaccine, except for employees of licensed healthcare institutions.
  • November 4, 2021: Arizona Industrial Commission issues statement that until it issues formal action to adopt all or part of the federal OSHA Vaccination and Testing Emergency Temporary Standard, it is not binding or enforceable against the state's private and public sector employers and employees.
  • August 16, 2021: Governor Ducey issues Executive Order 2021-18, which states that:
    • any county, city, town, or political subdivision that implements a vaccine mandate is in violation of state law, punishable by a class 3 misdemeanor, and is subject to private legal action; and
    • state employees may bring an action against counties, cities, towns, or political subdivisions for failing to provide earned sick leave if they need to stay home due to COVID-19 exposure.
  • June 30, 2021: Governor Ducey signs SB 1824 which, among other things:
    • requires an employer to provide an accommodation to any employee who objects to the COVID-19 vaccine due to sincerely held religious beliefs, unless it would pose an undue hardship and more than a de minimus cost to the business operations;
    • prohibits cities, towns, and counties from establishing a vaccine passport or requiring any person to be vaccinated for COVID-19; and
    • prohibits businesses from requiring proof of COVID-19 vaccination status for patrons to enter the establishment.
  • May 3, 2021: Governor Ducey issues Executive Order 2021-12, rescinds the order suspending work search requirements for unemployment benefits. Effective immediately, individuals must actively search for work to continue receiving unemployment benefits.
  • April 29, 2021: Governor Ducey signs Executive Order 2021-09, which prohibits state agencies, cities, counties, towns, and other political subdivisions (with the exception of licensed healthcare institutions) from requiring a person to provide COVID-19 vaccination status as a condition of:
    • entering any building, business, facility, location, park or other space unless proof of vaccination is required under state law; and
    • receiving any service, permit, license, or other work authorization requirement unless proof of vaccination is required under state law..
  • March 5, 2021: Governor Ducey issues Executive Order 2021-05, which rescinds capacity limitations for all businesses, provided that they continue follow Arizona Department of Health Services (ADHS) guidelines.
For the latest Arizona information and resources on COVID-19, see Arizona Department of Administration, COVID-19.
For Arizona COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Arizona.

Arkansas

  • October 13, 2021: Governor Asa Hutchinson announces that SB 739 and HB 1977 will become law without his signature. The two bills require employers that mandate COVID-19 vaccinations to allow employees to provide either:
    • a negative COVID-19 test once per week; or
    • proof of COVID-19 immunity, including the presence of antibodies, T cell response, or proof of a positive COVID-19 test, twice per year from a licensed health care provider.
  • April 29, 2021: Governor Hutchinson signs SB 590, which prohibits state and local agencies and officials from implementing mask mandates except for:
    • private businesses;
    • state-owned or state-controlled healthcare facilities;
    • Department of Corrections facilities; and
    • Division of Youth Services facilities.
    August 6, 2021: Pulaski County Circuit Court issues preliminary injunction prohibiting SB 590 from being enforced.
  • April 28, 2021: Governor Hutchinson signs HB 1547, which prohibits the state, a state agency, or state or local official from:
    • requiring an individual to receive the COVID-19 vaccine;
    • conditioning an offer of education, employment, entry, or services from the state on receiving the COVID-19 vaccine; and
    • discriminating against an individual in any way for refusing a COVID-19 vaccine, including withholding career advancement opportunities, salary, wage increase, or insurance.
  • March 31, 2021: Governor Hutchinson issues Executive Order 21-07, stating that the COVID-19 state of emergency will expire on May 30, 2021.
  • March 30, 2021: Governor Hutchinson announces that the statewide mask requirement is lifted.
  • January 2, 2021: Arkansas Department of Health issues Directive which requires indoor venues such as theaters, museums, sports venues, and recreational facilities to, among other things:
    • submit a plan to be approved by the Secretary of Health if more than ten people will be in attendance;
    • limit capacity to 66% with an approved plan;
    • require audience members to be separated from players or performers by at least 12 feet; and
    • require face coverings for all persons age ten and over.
For the latest Arkansas information and resources on COVID-19, see Arkansas Department of Health: COVID-19 Guidance for Employers.
For Arkansas COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Arkansas.

California

  • February 1, 2024: California Division of Occupational Safety and Health updates COVID-19 Prevention Non-Emergency Guidance, stating that it is effective through February 3, 2025.
  • January 9, 2024: California Department of Public Health issues COVID-19 Disease Control and Prevention Q&A for non-health care settings which, among other things:
    • updates the definitions of close contact and infectious period; and
    • shortens the time period for defining a COVID-19 outbreak to three cases in a seven-day period.
  • October 10, 2023: Governor Gavin Newsom signs SB 723, which:
    • creates a presumption that employee separation due to lack of business, reduction in force, or other economic, nondisciplinary reason is due to the COVID-19 pandemic; and
    • extends the right of recall for laid off workers in certain hospitality and service industries to December 31, 2025.
  • July 25, 2023: Ninth Circuit holds that an employer does not owe a duty under California law to prevent the spread of COVID-19 to employees' household members, affirming dismissal of an employee's complaint against his employer for negligently failing to protect its employees from the virus (Kuciemba v. Victory Woodworks, Inc., (9th Cir. July 25, 2023)).
  • July 6, 2023: California Supreme Court holds that:
    • employers do not have a duty of care to prevent the spread of COVID-19 to employees' household members; and
    • if an employee contracts COVID-19 at the workplace and brings it home to their spouse, the derivative injury rule of California's workers' compensation law does not bar a spouse's negligence claim against an employer.
  • June 20, 2023: California Department of Public Health announces its updated guidance on the definition of outbreak, effective June 23, 2023, to mean three or more employee COVID-19 cases within an exposed group visited the workplace during their infectious period at any time during a seven-day period, instead of the prior 14-day period.
  • April 3, 2023: California Department of Public Health updates its mask guidance, which no longer requires individuals to wear masks in any setting, including health care.
  • March 3, 2023: California Department of Public Health issues State Public Health Officer Order which, among other things, rescinds the statewide vaccine mandate for health care workers, adult care facility and direct care workers, and state and local correctional facility health care workers effective April 3, 2023.
  • March 3, 2023: California Department of Public Health issues State Public Health Officer Order, Isolation and Quarantine Guidance, and updated COVID-19 Non-Emergency Regulation FAQs which, effective March 13, 2023, provides updates regarding:
    • isolation recommendations for persons infected with COVID-19;
    • the definition of infectious period to align with the updated isolation recommendations;
    • the definition of confirmed case; and
    • the removal of COVID-19 requirements for mega events and K-12 schools and child care facilities.
  • February 28, 2023: Los Angeles County Board of Supervisors votes to terminate the local COVID-19 health emergency effective March 31, 2023.
  • February 28, 2023: City and County of San Francisco Department of Public Health terminates the COVID-19 local health emergency declaration effective immediately.
  • February 3, 2023: California Occupational Safety and Health Standards Board's COVID-19 Prevention Non-Emergency Regulations take effect until February 3, 2025. Cal-OSHA also published updated:
  • December 15, 2022: California Occupational Safety and Health Standards Board adopts COVID-19 Prevention Non-Emergency Regulations, which will replace the Emergency Temporary Standards after approval by the Office of Administrative Law. The Non-Emergency Regulations will remain in effect for two years and require employers to, among other things:
    • maintain a written injury and illness prevention program addressing COVID-19 as a workplace hazard and including measures to prevent transmission;
    • make COVID-19 testing available at no cost and during paid time to employees following a close contact; and
    • implement effective measures to prevent transmission through improved filtration and/or ventilation.
  • October 17, 2022: Governor Gavin Newsom announces that the COVID-19 state of emergency will end February 28, 2023.
  • October 14, 2022: California Department of Public Health issues order updating the definitions of:
    • "close contact" to mean sharing the same indoor space for a cumulative total of 15 minutes or more over a 24-hour period during a person's infectious period; and
    • "infectious period" to mean 2 days before symptoms began through day 10 for symptomatic persons and 2 days before a positive test through day 10 after the positive test for asymptomatic persons.
  • October 1, 2022: San Francisco's Public Health Emergency Leave Ordinance goes into effect, requiring employers with 100 or more employees worldwide to provide up to 80 hours of leave to employees who are unable to work because they are:
    • subject to a federal, state, or local quarantine order;
    • advised by a health care provider to self-quarantine;
    • experiencing infectious disease symptoms and seeking a medical diagnosis;
    • caring for a family member who is subject to a quarantine order, advised by a health care provider to self-quarantine, or experiencing infectious disease symptoms;
    • caring for a family member whose school or place of care has been closed; or
    • a member of a vulnerable population and primarily works outdoors during an air quality emergency.
  • September 30, 2022: San Francisco Office of Labor Standards Enforcement issues Public Health Emergency Leave Ordinance FAQs, which provide information regarding the ordinance's scope, amount and use of leave, leave payment, and notice, posting, and recordkeeping requirements.
  • September 29, 2022: Governor Gavin Newsom signs AB 152, which extends the COVID-19 supplemental paid sick leave through December 31, 2022.
  • September 29, 2022: Governor Newsom signs AB 1751, which extends the presumption that employees' workers' compensation claims related to COVID-19 illness or death are compensable through January 1, 2024.
  • September 29, 2022: Governor Newsom signs AB 2693, which:
    • extends the requirement for employers to provide notice to employees regarding COVID-19 exposure in the workplace until January 1, 2024; and
    • allows employers to meet the notice requirement by either providing written notice to employees or displaying a notice in the workplace within one business day that includes the dates a COVID-19 positive employee was at the worksite, and the location of exposures.
  • September 13, 2022: California Department of Public Health issues public health officer order rescinding the August 11, 2021 order requiring all K-12 school employees to either provide proof of COVID-19 vaccination or submit to weekly testing, effective September 17, 2022.
  • September 13, 2022: California Department of Health issues updated orders for the following healthcare workers, which rescinds the testing requirement for employees with medical or religious exemptions to the COVID-19 vaccine mandate:
  • June 17, 2022: Governor Newsom issues Executive Order N-11-22, which terminates certain COVID-19 provisions related to the Emergency Temporary Standard, including:
    • the prior exclusion period for workers who are quarantining or isolating (which is contained in updated CDPH guidance); and
    • the requirement that employers provide and ensure employees wear face coverings.
  • June 8, 2022: California Department of Public Health isssues public health officer order, which adds definitions for:
    • "close contact": someone sharing the same indoor airspace for a cumulative total of 15 minutes or more over a 24-hour period during their infectious period; and
    • "infectious period": for symptomatic persons, two days before symptoms began through day 10 after they first appeared and for asymptomatic persons, two days before the positive specimen was collected through day 10 after the specimen was collected.
  • April 21, 2022: Cal OSHA adopts proposed revisions to its COVID-19 Emergency Temporary Standard which, effective May 6 through December 31, 2022, changes the following:
    • requires self-administered, self-read COVID-19 tests to be independently verified (such as by a time-stamped photo) before returning to work;
    • "exposed group" means all employees at an area where the COVID-19 positive employee was present during the infectious period (rather than high-risk exposure period);
    • no longer requires face coverings to be composed of fabrics that do not let light pass through when held up to a light source;
    • allows employees who have safely returned to work following COVID-19 ("returned cases") to be exempt from testing requirements;
    • eliminates cleaning and disinfecting procedures;
    • allows COVID-19 positive employees with no symptoms or resolving symptoms to return to work after testing negative on the fifth day;
    • prohibits COVID-19 positive employees whose symptoms are not resolving from returning to work until they have been fever-free for 24 hours and ten days have passed from when symptoms began; and
    • requires employees in the exposed group to be tested, regardless of vaccination status, during a major outbreak.
  • February 28, 2022: Governor Newsom issues Executive Order N-5-22, which:
    • updates the Cal OSHA ETS to no longer require unvaccinated workers to wear masks indoors; and
    • extends the Cal OSHA ETS through May 5, 2022.
  • February 28, 2022: California Department of Public Health issues updated face mask guidance, which:
    • lifts the indoor mask requirement for unvaccinated individuals effective March 1, 2022; and
    • lifts the indoor mask requirement for K-12 and childcare settings effective March 11, 2022.
  • February 23, 2022: Los Angeles County Public Health announces that beginning February 25, 2022, fully vaccinated customers and employees may remove their masks inside establishments, businesses, and venues, provided that all other individuals:
    • provide proof of a negative COVID-19 test; and
    • wear masks indoors.
  • February 22, 2022: San Francisco Office of Labor Standards Enforcement temporarily amends its Paid Sick Leave and Coronavirus guidance to:
    • deem policies requiring employees to provide documentation for leave of 5 or fewer days to be unreasonable;
    • allow paid sick leave only for employees (not laid off workers); and
    • allow employees to take paid sick leave for specified COVID-19-related reasons.
  • February 22, 2022: California Department of Public Health updates COVID-19 Vaccination Requirements for health care workers, correctional and detention facility workers, and adult care facility and direct care workers to extend the deadline for COVID-19 booster doses to March 1, 2022 or 90 days from the date of infection if they tested positive.
  • February 19, 2022: California Department of Industrial Relations publishes 2022 COVID-19 Supplemental Paid Sick Leave FAQs and poster.
  • February 9, 2022: Governor Newsom signs SB 114, which extends COVID-19 supplemental paid sick leave through September 30, 2022, requiring employers with 26 or more employees to provide up to 80 hours of paid sick leave if they cannot work due to:
    • their own or a family member's COVID-19 quarantine or isolation;
    • attending their own or a family member's COVID-19 vaccine or booster appointment;
    • experiencing symptoms or caring for a family member with symptoms related to a COVID-19 vaccine or booster shot;
    • experiencing COVID-19 symptoms and seeking a medical diagnosis;
    • caring for a child whose school or place of care is closed due to COVID-19; or
    • testing positive or caring for a family member who tested positive for COVID-19.
  • February 7, 2022: California Department of Public Health announces updated Face Mask Guidance which, effective February 16, 2022, allows fully vaccinated individuals to remove their masks in most indoor public settings, except for:
    • public transit;
    • K-12 schools and childcare facilities;
    • emergency shelters and homeless shelters;
    • healthcare settings;
    • correctional facilities and detention centers; and
    • long-term care settings and adult and senior care facilities.
  • January 26, 2022: San Francisco Department of Public Health issues updated Safer Return Together Health order and FAQs which, among other things:
    • extends the date by which high-risk setting workers must receive their booster shot until March 1, 2022;
    • allows employees of certain indoor businesses such as restaurants, bars, and gyms to request a medical or religious exemption from the vaccine requirement, provided they provide proof of a negative COVID-19 test; and
    • allows fully vaccinated individuals to remove their masks in certain indoor settings.
  • January 25, 2022: Governor Newsom announces framework to extend COVID-19 supplemental paid sick leave through September 30, 2022.
  • January 5, 2022: California Department of Public Health extends indoor mask requirement until February 15, 2022, requiring all persons age two and over to wear masks in all indoor public settings, regardless of vaccination status.
  • January 5, 2022: Los Angeles County Department of Public Health issues updated order requiring all employers to provide and require their employees to wear medical grade or surgical masks or a higher-level respirator, such as an N95 or KN95, by January 17, 2022.
  • December 30, 2021: California Department of Public Health issues updated isolation and quarantine guidance that:
    • includes updated isolation and quarantine time periods that align with the latest CDC recommendations;
    • recommends additional mitigation measures, including testing to exit isolation and quarantine and improved masking; and
    • clarifies that vaccinated individuals who are booster-eligible but have not received their booster dose should quarantine after COVID-19 exposure per CDC recommendations.
  • December 22, 2021: California Department of Public Health issues COVID-19 Booster Requirements for health care workers and adult care facility and direct care workers, which mandate that these workers receive their COVID-19 booster doses by February 1, 2022 or within 15 days of becoming eligible.
  • December 17, 2021: California Occupational Safety and Health Standards Board adopts revised COVID-19 Prevention Emergency Temporary Standards which, effective January 14, 2022, will:
    • provide clearer instructions for employers to notify workers present at the worksite who may have been exposed to COVID-19;
    • include more detail on types of acceptable face coverings;
    • require employers to make COVID-19 testing available at no cost and during paid time to fully vaccinated employees;
    • require employers to make testing available to fully vaccinated employees who may have been exposed during outbreaks and major outbreaks;
    • not require fully vaccinated employees or those who have recently recovered from COVID-19 to be excluded from the workplace, provided they maintain social distancing and wear face coverings for 14 days;
    • update the return to work period for exposed or infected employees.
  • December 13, 2021: California Department of Health issues updated face covering mandate which, effective December 15, 2021 through January 15, 2022, requires all persons age two and over to wear masks in all indoor public settings, regardless of vaccination status.
  • October 18, 2021: California Department of Fair Employment and Housing issues Guidance For California Businesses Regarding COVID-19 Safety Measures and Reasonable Accommodations, which provides information regarding:
    • COVID-19 symptoms;
    • COVID-19 vaccinations and tests;
    • face coverings; and
    • reasonable accommodations and modifications.
  • October 5, 2021: Governor Newsom signs AB 654 which, among other things:
    • exempts community clinics, adult day health centers, community care facilities, and child daycare facilities from reporting COVID-19 outbreaks; and
    • requires employers to report a COVID-19 outbreak to the local public health agency within 48 hours or one business day, whichever is later.
  • September 28, 2021: California Department of Public Health issues order requiring all adult and senior care facilities employees, hospice workers, and direct care workers to be fully vaccinated against COVID-19 by November 30, 2021 unless they:
    • provide a signed statement that they are declining due to religious beliefs or qualifying medical reasons;
    • submit to weekly COVID-19 tests; and
    • wear a surgical mask or higher-level respirator at all times in the facility or home.
  • September 28, 2021: Los Angeles County Department of Public Health issues Order of the Health Officer which, effective October 7, 2021, requires:
    • all persons age 12 and over to show proof of at least one dose of the COVID-19 vaccine (and full vaccination by November 4, 2021) before entering restaurants, bars, breweries, wineries, distilleries, and nightclubs; and
    • all persons age 12 and over to show proof of full COVID-19 vaccination or a negative COVID-19 test before attending outdoor mega events involving 10,000 or more persons.
  • September 24, 2021: Los Angeles City Council enacts vaccination ordinance which, effective November 4, 2021, requires individuals eligible to receive the COVID-19 vaccine to provide proof of vaccination before entering:
    • indoor portions of any establishment where food and beverages are served, gyms and fitness venues, entertainment and recreation venues, and personal care establishments; and
    • outdoor events with between 5,000 and 9,999 people, unless a negative COVID-19 test is provided.
  • September 21, 2021: Cal/OSHA updates its COVID-19 Emergency Temporary Standard (ETS) FAQs to allow asymptomatic, unvaccinated individuals who were exposed to COVID-19 to end their quarantine after either:
    • ten days post exposure; or
    • seven days post exposure if they test negative from a sample taken at least five days from the date of exposure.
  • August 18, 2021: California Department of Public Health announces that beginning September 20, 2021, all individuals attending indoor gatherings of 1,000 or more participants must either:
    • show proof that they are fully vaccinated against COVID-19; or
    • provide a negative COVID-19 test within 72 hours of the event.
  • August 12, 2021: San Francisco Department of Public Health issues revised Safer Return Together order, which requires all establishments where food or drink is served and all gyms and fitness studios to require all individuals age 12 and over to provide proof that they are fully vaccinated before entering any indoor portion of the facility.
  • August 11, 2021: California Department of Public Health issues order requiring all K-12 school employees to either:
    • provide proof that they are fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.
  • August 3, 2021: City of West Hollywood enacts Ordinance 21-1159 which, among other things, requires hotel employers to:
    • offer available job positions to its laid-off employees in order of seniority;
    • provide the laid-off employees with at least 10 business days to accept or decline the offer;
    • provide written notice documenting reasons for choosing not to rehire a laid-off employee within 30 days of hiring another employee; and
    • provide each laid-off worker written notice of their rights under the ordinance by September 30, 2021.
  • August 2, 2021: Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Sonoma and the City of Berkeley issue statement that their individual health officers have issued orders requiring all individuals, regardless of vaccination status, to wear face coverings in indoor public settings.
  • July 29, 2021: San Diego County announces that beginning mid-August, county employees will be required to verify COVID-19 vaccination or undergo regular testing
  • July 27, 2021: City of Long Beach issues memorandum stating that beginning mid-August, all city employees will be required to be vaccinated against COVID-19 or submit to testing at least once per week.
  • July 26, 2021: Governor Newsom announces that the following employees must show proof of COVID-19 vaccination status or submit to weekly COVID-19 testing:
    • all state employees, effective August 2, 2021; and
    • all employees in health care and high-risk congregate settings, effective August 9, 2021.
  • June 23, 2021: City of San Francisco issues COVID-19 Vaccination Policy that:
    • establishes mandatory vaccination deadlines for certain categories of employees; and
    • requires all city employees to be vaccinated as a condition of employment within ten weeks of the FDA fully approving at least one COVID-19 vaccine.
  • July 22, 2021: San Mateo County announces that beginning July 26, 2021, all visitors to county facilities must wear face coverings regardless of vaccination status.
  • July 16, 2021: Counties of Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, Sonoma, and the City of Berkeley issue statement strongly recommending that everyone, regardless of vaccination status, wear mask indoors in public places.
  • July 16, 2021: Los Angeles County Department of Public Health issues order requiring all persons (regardless of vaccination status) to wear masks in all indoor public settings, venues, gatherings, and businesses.
  • June 24, 2021: City of Los Angeles Mayor Eric Garcetti revises the COVID-19 Supplemental Paid Sick Leave (SPSL) order to allow:
    • employees to use SPSL to receive the COVID-19 vaccine and recover from any side effects; and
    • employers to request verification of an employee's receipt of the COVID-19 vaccine.
  • June 24, 2021: City of Los Angeles Mayor Garcetti issues emergency order, applicable retroactively to January 1, 2021 through September 30, 2021, that requires all private employers to provide paid leave of up to:
    • four hours per injection to receive the COVID-19 vaccine; and
    • eight hours to recover from any COVID-19 vaccination-related side effects.
  • June 21, 2021: Santa Clara County Health Officer issues order rescinding the May 18 order requiring businesses to ascertain the vaccination status of all personnel, provided that they:
    • have completed two rounds of vaccine status ascertainment; and
    • maintain appropriate records to demonstrate completion of two rounds of vaccine ascertainment.
  • June 2021: California Department of Industrial Relations issues FAQs regarding the hospitality right of recall law (SB 93), which clarify that:
    • employees must deliver their acceptance of an offer within five business days;
    • if an employee declines a position, the employer must continue offering other available jobs for which the employee is qualified; and
    • if an employer fills a position with a less senior employee, the employer must provide written notice, including reasons for the decision, to the laid-off employee within 30 days.
  • June 17, 2021: California Occupational Safety & Health Board adopts revised COVID-19 Emergency Temporary Standards (ETS) and publishes FAQ addressing the modifications, which no longer require:
    • fully vaccinated employees without symptoms to test or quarantine after COVID-19 exposure;
    • individuals to wear face coverings outdoors, regardless of vaccination status;
    • fully vaccinated employees to wear face coverings indoors except in certain settings, provided their employer documents their vaccination status; and
    • employers to enforce physical distancing requirements regardless of vaccination status except during outbreaks.
  • June 9, 2021: California Occupational Safety & Health Board withdraws amended COVID-19 ETS that were approved on June 3, 2021. The COVID-19 ETS adopted in November 2020 will remain in effect.
  • June 8, 2021: Marin County Board of Supervisors enacts urgency ordinance which, until September 30, 2021, requires private employers in the unincorporated areas of Marin County with 25 or fewer employees to provide up to 80 hours of supplemental paid sick leave for employees who:
    • have been advised or are caring for someone who has been advised to isolate or quarantine;
    • are experiencing or caring for someone experiencing COVID-19 symptoms;
    • are caring for an individual whose place of care is closed or unavailable due to COVID-19;
    • are obtaining a COVID-19 vaccine or experiencing vaccine side effects that prevent them from working or teleworking.
  • June 8, 2021: Sonoma County Board of Supervisors enacts urgency ordinance, which amends the emergency paid sick leave (PSL) ordinance by:
    • extending it through September 30, 2021;
    • allowing employees to use emergency PSL to receive a COVID-19 vaccine or if they cannot work or telework due to side effects from the COVID-19 vaccine; and
    • allowing employers to offset the number of emergency PSL hours by the number of accrued paid sick leave benefits an employee has as of June 8, 2021.
  • June 3, 2021: California Occupational Safety & Health Board approves amendments to the COVID-19 Emergency Temporary Standards (ETS). If approved by the Office of Administrative Law, the revised ETS will be effective June 15, 2021 and require, among other things:
    • all workers to continue wearing face coverings in a room where there is a mixture of vaccinated and unvaccinated people;
    • outdoor workers who are not fully vaccinated to continue wearing face coverings when they are less than six feet away from another person;
    • employers to provide all unvaccinated employees with N95 masks for voluntary use; and
    • employers to include information on the effectiveness of the COVID-19 vaccine in their COVID-19 prevention training.
  • May 21, 2021: California Department of Health announces that beginning June 15, 2021, all business sectors listed in the Blueprint for a Safer Economy may return to usual operations, provided that:
    • all attendees at indoor mega events must provide proof of vaccination status or a negative COVID-19 test; and
    • all individuals age two and over to continue to wear face coverings in accordance with the Guidance for the Use of Face Coverings.
  • May 18, 2021: Los Angeles County enacts COVID-19 Vaccine Leave Ordinance, which requires all private employers in the unincorporated areas of the county to:
    • provide up to four hours of paid leave to receive the COVID-19 vaccine to employees who have exhausted their supplemental paid sick leave;
    • post written notice in a conspicuous place advising employees of the ordinance;
    • retain records demonstrating compliance with the ordinance for four years; and
    • not take any retaliatory action against employees who enforce their rights under the ordinance.
  • May 18, 2021: Santa Clara County Health Officer issues Order, which requires all businesses and governmental entities to:
    • ascertain the vaccination status of all personnel by June 2, 2021 and maintain appropriate records; and
    • require all unvaccinated personnel and those who decline to provide proof of vaccination status to comply with the Mandatory Directive for Unvaccinated Personnel by wearing face coverings and staying away from the workplace after COVID-19 exposure.
  • May 17, 2021: California announces that beginning June 15, 2021, the state plans to:
    • fully reopen the economy; and
    • allow fully vaccinated individuals to go without masks in most indoor settings, in accordance with CDC guidance.
  • May 5, 2021: Cal OSHA updates COVID-19 Emergency Temporary Standards FAQs, which clarify that fully vaccinated employees do not need to quarantine following COVID-19 exposure, provided they remain asymptomatic.
  • May 3, 2021: California Department of Health issues updated Guidance for Use of Face Coverings, which requires:
    • all persons age two and over to wear face coverings in indoor settings outside of one's home; and
    • all unvaccinated persons to wear face coverings outdoors any time physical distancing cannot be maintained.
  • April 16, 2021: Governor Newsom signs SB 93, which requires hotel, private club, event center, airport hospitality, airport service, and commercial building service employers to:
    • offer its laid-off employees all job positions that become available for which the employees are qualified, in order of qualification and length of service;
    • provide laid-off employees with at least five business days to accept or decline the offer;
    • retain records offers made to laid-off employees for at least three years; and
    • provide written notice within 30 days if the employer declines to recall a laid-off employee because of lack of qualification and hires someone else.
  • April 2021: California Department of Industrial Relations updates its 2021 COVID-19 Supplemental Paid Sick Leave FAQs, which clarify that:
    • leave for childcare purposes is available when a child's school or place of care has been closed after concern that a person present on the premises on or after January 1, 2021 was exposed to or contracted COVID-19;
    • employees may take leave to care for a family member due to a healthcare recommendation or quarantine or isolation period; and
    • employers must provide leave to eligible employees immediately on the employee's oral or written request.
  • April 6, 2021: Governor Newsom announces that California will fully reopen its economy on June 15, 2021, if:
    • vaccine supply is sufficient for Californians age 16 and older to be inoculated; and
    • hospitalization rates are stable and low.
  • March 2021: California Department of Industrial Relations issues COVID-19 Testing and Vaccine FAQs, which state that employers requiring employees to obtain COVID-19 tests or vaccinations must compensate employees for:
    • time taken for COVID-19 testing or vaccination (including travel time); and
    • costs of any COVID-19 test or vaccination.
  • March 29, 2021: California Department of Industrial Relations issues COVID-19 Supplemental Paid Sick Leave FAQs and required poster, which provides information on the new paid leave law.
  • March 19, 2021: Governor Newsom signs supplemental COVID-19 paid sick leave bill (SB 95), which requires employers with more than 25 employees to provide up to 80 hours of supplemental paid sick leave to employees who cannot work or telework because they are:
    • quarantining or isolating per state or local public health authority guidelines or health care provider recommendation;
    • attending a COVID-19 vaccination appointment;
    • experiencing COVID-19 symptoms and seeking a medical diagnosis;
    • experiencing symptoms related to a COVID-19 vaccine;
    • caring for a family member subject to quarantine or isolation; or
    • caring for a child whose school or place of care is closed.
  • March 19, 2021: San Francisco Mayor London Breed approves COVID-19-Related Hazard Pay ordinance, which requires large retail locations, including grocery stores and pharmacies, to pay their employees an additional five dollars per hour beginning March 22, 2021 through May 19, 2021, unless extended.
  • March 4, 2021: California Department of Fair Employment and Housing (DFEH) issues updated COVID-19 FAQ for Employers, which provides information regarding:
    • COVID-19 inquiries and protective equipment;
    • employees with COVID-19 symptoms or infection;
    • job-protected leave;
    • reasonable accommodations for employees with disabilities/vulnerable populations; and
    • employee vaccination.
  • March 1 to 9, 2021: Cities of San Mateo, Millbrae, and Daly adopt COVID-19 Hazard Pay Ordinances, which require certain retail grocery and drug store employers to:
    • pay their employees an additional $5 per hour; and
    • provide up to four hours of paid leave to receive the COVID-19 vaccine.
  • February 24, 2021: City of South San Francisco adopts COVID-19 Hazard Pay Ordinance which, effective February 11 through May 25, 2021, requires certain retail grocery and drug store employers to:
    • pay their employees an additional $5 per hour; and
    • provide up to four hours of paid leave (at the hazard pay rate) for employees with confirmed appointments to receive the COVID-19 vaccine.
  • February 23, 2021: Los Angeles Board of Supervisors adopts COVID-19 Hero Pay Ordinance, which requires certain retail grocery and drug store employers to pay their employees an additional $5 per hour for 120 days.
  • February 23, 2021: California Labor and Workforce Development Agency launches Employer Portal for COVID-19 industry guidance, which includes information on:
    • workplace safety requirements;
    • employee infection prevention training; and
    • what to do in case of an infection or outbreak.
  • February 19, 2021: San Francisco City and County Board of Supervisors extends the Public Health Emergency Leave Ordinance until April 12, 2021. The updated guidance notes that the revised ordinance does not:
    • apply to certain non-profit organizations; and
    • permit employees to use leave for hours they are not scheduled to work.
  • February 10, 2021: City of Los Angeles Mayor Eric Garcetti issues public order requiring employers with 500 or more employees within the City of Los Angeles or 2,000 or more employees nationwide to provide up to 80 hours of supplemental paid sick leave (capped at $511 per day or $5,110 total) to employees who have been employed for at least 60 days. Employees may use supplemental paid sick leave if they take time off work because they are:
    • required or recommended to isolate or quarantine by a public health official or health care provider or caring for someone under such recommendation;
    • 65 years or older or have a health condition such as heart disease, asthma, lung disease, diabetes, kidney disease, or weakened immune system; or
    • caring for a child or family member whose school or care provider ceases operations due to COVID-19 and the employee cannot secure a reasonable alternative caregiver.
  • February 5, 2021: San Francisco Mayor London Breed signs COVID-Related Employment Protections Ordinance which, effective March 7, 2021 through March 6, 2023, prohibits employers from discriminating, refusing to hire, or taking any adverse action against employees because they:
    • tested positive for COVID-19; or
    • are isolating or quarantining due to COVID-19 symptoms or exposure.
  • February 2, 2021: Oakland City Council passes Grocery Worker Hazard Pay Emergency Ordinance which, effective until the City of Oakland's risk level returns to Minimal (yellow) under state health orders, requires grocery store employers with 500 or more employees nationwide to:
    • pay their employees an additional five dollars per hour for all hours worked; and
    • provide notice to their employees within three days of the ordinance being published in all languages spoken by more than ten percent of employees.
  • February 2, 2021: City of Santa Rosa passes urgency ordinance which reinstates COVID-19 paid sick leave between February 2 and March 31, 2021. The new ordinance applies to employers with 50 or more employees and requires them to provide up to 80 hours of paid sick leave, up to a maximum of $511 per day or $5,110 total, for specified COVID-19 related reasons.
  • January 27, 2021: Montebello City Council passes urgency ordinance requiring grocery store employers with 300 or more employees nationwide and more than 15 employees per store to pay each employee an additional four dollars per hour for the next 180 days.
  • January 26, 2021: Sonoma County Board of Supervisors passes urgency ordinance extending its supplemental paid sick leave ordinance until June 30, 2021. The ordinance applies to employers with 500 or more employees and requires them to provide eligible employees with up to 80 hours of supplemental paid sick leave for specified COVID-19 related reasons.
  • January 26, 2021: Los Angeles County Board of Supervisors passes urgency ordinance that, retroactive to January 1, 2021, requires all private employers in unincorporated parts of Los Angeles County to provide up to 80 hours of supplemental paid sick leave for certain COVID-19 related reasons, provided that they have not exhausted available leave under FFCRA or the original supplemental paid sick leave ordinance, which expired in December 2020. The new ordinance applies to all employers rather than only employers with 500 or more employees and is available to employees who take time off because they need to:
    • quarantine or isolate per health care provider recommendation or federal, state, or local order;
    • care for someone quarantining or isolating per health care provider recommendation or federal, state, or local order; or
    • care for a family member whose senior care or child care provider is closed due to COVID-19.
  • January 25, 2021: California Department of Health lifts Regional Stay at Home Order, allowing all counties to return to the Blueprint for a Safer Economy and the color-coded tiers that indicate which activities and businesses may remain open based on local positive rates.
  • January 22, 2021: Long Beach City Council passes Premium Pay for Grocery Workers Ordinance which, effectively immediately, requires grocery stores with over 300 employees nationally and more than 15 employees within the City of Long Beach to:
    • pay each employee an additional four dollars per hour for each hour worked for a minimum of 120 days;
    • provide covered grocery workers with a written notice of rights regarding the premium pay guaranteed, the right to be protected from retaliation for exercising their rights, and the right to bring a civil action for violations;
    • retain records documenting compliance with the ordinance for two years; and
    • refrain from discharging, reducing compensation, or discriminating against any worker for asserting rights under the ordinance.
  • January 19, 2021: Oakland City Council enacts emergency ordinance, which extends and amends its emergency paid sick leave ordinance. The ordinance applies retroactively to December 31, 2020 and modifies several provisions, including:
    • requiring employers to provide employees with any unused portion of the 80 hours of emergency paid sick leave which they received in 2020;
    • extending paid sick leave to employees who performed services for fewer than 14 days between January 1 and January 21, 2021; and
    • clarifying that employers can offset their paid sick leave obligations under the ordinance by the number of hours they provided under the FFCRA and/or California's two statewide supplemental paid sick leave laws.
  • January 8, 2021: California Department of Industrial Relations updates its Emergency Temporary Standards FAQs which state, among other things, that:
    • employers that apply their Aerosol Transmissible Diseases (ATD) program to their entire workforce need not comply with the Emergency Temporary Standard (ETS);
    • Cal OSHA will not assess monetary penalties for certain ETS violations through February 1, 2021 so long as the employer shows good-faith efforts to comply, the violation is abated, and it does not involve an imminent hazard;
    • vaccinations do not change an employer's obligations under the ETS;
    • employers may create cohorts of employees to limit the number of individuals in an exposed workplace;
    • exclusion pay is not required if an employer can show the COVID-19 exposure was not work-related; and
    • employees unable to return to work beyond the standard 14-day quarantine period may be disqualified from receiving additional exclusion pay.
  • January 5, 2021: San Jose enacts revised emergency paid sick leave ordinance which is retroactive to January 1, 2021 and extends through June 30, 2021. The revised ordinance requires all employers to provide up to 80 hours of paid sick leave to employees who cannot work because they are:
    • subject to or caring for someone subject to a federal, state, or local quarantine or isolation order related to COVID-19;
    • have been advised or caring for someone advised by a health care provider to self-quarantine due to concerns related to COVID-19;
    • experiencing symptoms of COVID-19 and seeking a medical diagnosis; or
    • caring for a child whose school or place of care is closed due to COVID-19 or childcare provider is unavailable due to COVID-19 precautions.
    • perform a detailed risk assessment and create a worksite-specific COVID-19 prevention plan;
    • train workers on limiting the spread of COVID-19;
    • set up individual control measures and screenings;
    • implement disinfection and physical distancing protocols;
    • establish universal face covering requirements; and
    • contact the local health department in any jurisdiction where a COVID-19 employee resides when there is an outbreak in the workplace.
For more information on guidance from other California employment agencies, see Article, COVID-19 in the Workplace Under Major Federal and California Employment Laws.
For the latest California information and resources on COVID-19, see:
For California COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): California.

Colorado

  • May 2, 2024: A division of the court of appeals concludes, as a matter of first impression, that COVID-19 can be an occupational disease under the Workers’ Compensation Act of Colorado (Life Care Ctrs.of Am. v. Industrial Claim Appeals Office, (Colo. Ct. App. May 2, 2024)).
  • June 8, 2023: Colorado Public Health Emergency (PHE) leave expires.
  • August 15, 2022: Colorado Department of Public Health & Environment repeals the COVID-19 vaccine requirement for state employees, allowing state agencies to determine whether to implement their own vaccine policies.
  • July 14, 2022: Colorado Department of Public Health & Environment opts to let the health care worker COVID-19 vaccine mandate expire after determining that a sufficient number of healthcare workers received the COVID-19 vaccine.
  • May 19, 2022: Colorado Department of Public Health & Environment issues public health order extending the COVID-19 vaccination requirement for state contractors who physically enter residential and congregate care facilities until June 18, 2022.
  • April 12, 2022: Colorado's Public Health Emergency Leave remains in effect after the Secretary of Health and Human Services extends the federal declaration of emergency due to COVID-19.
  • February 28, 2022: Colorado Department of Health issues public health order revising state contractor vaccination mandates to reduce the scope of the requirements to only those contractors providing goods or services in residential or congregate care facilities.
  • February 23, 2022: City and County of Denver lifts COVID-19 vaccine requirement for city employees and workers in high-risk settings effective March 4, 2022.
  • February 2022: Counties of Jefferson and Adams and Arapahoe rescind indoor mask requirements effective February 11 and February 5, 2022, respectively.
  • January 31, 2022: City and County of Denver announces that the indoor mask requirement will expire on February 3, 2022.
  • December 15, 2021: Colorado Department of Public Health & Environment extends the emergency rule requiring all employees, direct contractors, and support staff of licensed healthcare facilities to be vaccinated against COVID-19 for 120 days.
  • November 23, 2021: The City and County of Denver and Counties of Jefferson, Adams and Arapahoe issue public health orders requiring individuals to wear face coverings when entering, inside, or moving within public indoor spaces, unless the owner or operator of the facility has verified that at least 95% of occupants have been fully vaccinated.
  • October 8, 2021: Douglas County Health Department issues public health order that allows:
    • individuals to be exempt from any face covering requirement if they represent that it will have a negative impact on their physical and/or mental health;
    • individuals with a known COVID-19 exposure to be exempt from quarantine unless the exposure is associated with a known outbreak (five or more cases within a 14-day period) or required by state or federal mandate; and
    • individuals to end quarantine after seven days post exposure if they test negative five days after exposure.
  • August 30, 2021: Colorado Department of Public Health & Environment adopts emergency rule, which requires all employees, direct contractors, and support staff of licensed healthcare facilities to receive their first dose of the COVID-19 vaccine by September 30, 2021 and become fully vaccinated by October 31, 2021, unless they receive a medical or religious exemption.
  • August 2, 2021: Denver Public Health Administrator Robert McDonald issues order requiring private workers in specified high-risk settings and all city employees to be fully vaccinated against COVID-19 by September 30, 2021.
  • July 30, 2021: Governor Jared Polis announces that beginning September 20, 2021, all state employees must either:
    • be fully vaccinated against COVID-19; or
    • submit to twice weekly COVID-19 testing and wear masks in indoor public spaces.
  • May 2, 2021: Governor Polis issues Executive Order D 2021 095, which amends the statewide mask order to allow individuals to remove their masks in public indoor spaces if 80% of the individuals have shown proof of vaccination.
  • March 5, 2021: Governor Polis issues Executive Order D 2021 056 extending the statewide face covering mandate until April 4, 2021.
  • February 4, 2021: Governor Polis issues Executive Order D 2021 035 extending the statewide face covering mandate until March 6, 2021.
  • January 20, 2021: Denver Department of Public Health & Environment issues amended face covering order requiring all persons age three and over to wear a face covering when:
    • entering, inside, or moving within a Public Indoor Space as defined in Executive Order D 2020 138;
    • using or waiting to use the services of any taxi, bus, light rail, train, or other public transportation service; and
    • in outdoor public spaces when it is not practicable or possible to maintain six feet of distance from others.
  • January 6, 2021: Governor Polis issues Executive Order D 2021 007 extending the statewide face covering mandate until February 5, 2021.
For the latest Colorado information and resources on COVID-19, see Colorado Department of Public Health and Environment: COVID-19.
For Colorado COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Colorado.

Connecticut

  • December 14, 2022: City of Bridgeport updates its COVID-19 guidance to no longer require city employees to be vaccinated.
  • August 11, 2022: Comptroller Natalie Braswell announces the Connecticut Premium Pay Program, a $30 million fund to provide up to $1,000 to essential workers employed during the pandemic. Eligible workers include those who:
    • were employed as an essential worker in Connecticut between March 10, 2020 and May 7, 2022;
    • were not able to work from home;
    • were not employed by a federal, state, or local government agency; and
    • earned $149,999 or less.
  • July 28, 2022: City of New Haven Department of Human Resources issues Revised Mandatory COVID Vaccination/Testing Policy, which continues to require city employees to provide proof of vaccination status but does not require unvaccinated employees to submit to weekly testing.
  • March 25, 2022: City of Stamford Mayor Caroline Simmons issues executive order revising the city employee vaccine mandate to:
    • require all new hires to receive the COVID-19 vaccine; and
    • suspend the weekly testing requirement for unvaccinated employees.
  • February 28, 2022: Connecticut Department of Public Health issues updated mask order, which lifts the mask mandate for all indoor public places and requires masks to be worn in:
    • schools (only if required by the local school board);
    • healthcare settings; and
    • shelters.
  • February 15, 2022: Executive Order 13G (extended by Executive Order 14) was not renewed, rescinding the statewide vaccine mandate for state employees, childcare and preK-12 school employees, and health care employees.
  • January 6, 2022: Governor Ned Lamont issues Executive Orders 14B and 14C requiring employees of all long-term care facilities and state hospitals to receive their COVID-19 booster shots by February 11, 2022.
  • January 3, 2022: Comptroller Braswell announces the Essential Workers COVID-19 Assistance Fund to provide lost wages and out-of-pocket medical expenses to essential workers who contracted COVID-19 and were unable to work between March 10, 2020 and July 20, 2021.
  • January 3, 2022: Hartford Mayor Luke Bronin announces that all persons age two and over will be required to wear masks in indoor public places throughout January 2022.
  • September 30, 2021: Governor Lamont issues Executive Order 14A, extending the indoor mask mandate until February 15, 2022.
  • September 27, 2021: Governor Lamont issues Executive Order 13G repealing Executive Order 13D and requiring:
    • all state employees and all childcare and preK-12 school employees hired before September 27, 2021 to be fully vaccinated against COVID-19 or submit to weekly testing;
    • all prospective state employees and childcare and preK-12 school employees to be fully vaccinated against COVID-19, unless they have a religious or medical exemption (no testing alternative is available); and
    • all state hospital and long-term care employees to be fully vaccinated against COVID-19 (no testing alternative is available).
  • September 27, 2021: City of Bridgeport implements vaccine or testing mandate, requiring all city employees to either:
    • become fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.
  • August 30, 2021: City of New Haven Mayor Justin Elicker issues emergency order requiring all city employees to either:
    • provide proof of full vaccination against COVID-19 by September 27, 2021; or
    • submit to weekly COVID-19 testing.
  • August 19, 2021: Governor Lamont issues Executive Order 13D, which requires:
    • all state employees and all childcare and preK-12 school employees to receive their first dose of the COVID-19 vaccine by September 27, 2021 or submit to weekly testing; and
    • all state hospital and long-term care employees to receive their first dose of the COVID-19 vaccine by September 27, 2021 (no testing alternative is available).
  • August 17, 2021: City of Stamford Mayor David Martin issues Executive Order requiring all city employees to either:
    • become fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.
  • August 6, 2021: Acting Governor Susan Bysiewicz issues Executive Order 13B, which requires all long-term care facility employees to receive their first dose of the COVID-19 vaccine by September 7, 2021 and secure an appointment for the second dose. Long-term care facilities are subject to civil penalties of $20,000 per day for failing to maintain proper documentation of employee vaccination status and continuing to employ workers who do not comply with the vaccine requirement.
  • August 5, 2021: Governor Lamont issues Executive Order 13A, which requires all unvaccinated individuals age two and over to wear masks in indoor public places when unable to maintain six feet of distance from others.
  • July 13, 2021: Governor Lamont signs Substitute SB 658, which imposes recall and retention obligations on hotels, lodging houses, food service contractors, and building services enterprises with 15 or more employees. The law requires these employers to:
    • provide written notice of available jobs to laid-off employees within five days of the position becoming available;
    • allow the laid-off employee at least five days to accept or decline the offer of employment;
    • provide written notice of the reasons not to rehire a laid-off employee within 30 days if the employer declines to rehire the laid-off employee;
    • retain a rehired employee for at least 30 days, unless there is just cause for termination; and
    • refrain from refusing to employ, terminating, reducing compensation, or taking any other adverse action against an individual for exercising their rights.
  • May 19, 2021: Governor Lamont issues Executive Order 12, which revises the statewide mask mandate to require individuals to wear masks in indoor public places if they:
    • are not fully vaccinated; and
    • do not maintain six feet of distance from every other person.
  • April 19, 2021: Governor Lamont announces that all business restrictions will be lifted on May 19, 2021 and that the Department of Public Health will clarify whether mask requirements will continue after that date.
  • March 19, 2021: Connecticut Department of Economic and Community Development issues new business guidance, which:
    • removes previous mandates on businesses;
    • allows most businesses to operate at 100% capacity; and
    • encourages businesses to continue following prior recommendations, including social distancing and allowing employees to work from home when possible.
For the latest Connecticut information and resources on COVID-19, see Connecticut COVID-19 Response.
For Connecticut COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Connecticut.

Delaware

  • February 28, 2022: Governor John Carney announces that the vaccination or testing requirement for educators and state employees will expire February 28, 2022.
  • February 7, 2022: Governor John Carney announces that the indoor mask mandate will end on February 11, 2022.
  • January 10, 2022: Governor Carney issues mask mandate, which requires all individuals age Kindergarten and up to wear a mask in indoor spaces open to the public and when using public transportation.
  • October 15, 2021: Delaware Health and Social Services issues Emergency Secretary's Order which, effective November 1, 2021, requires all employees, volunteers, and contractors working in public and private K-12 schools to either:
    • provide proof of full vaccination status against COVID-19; or
    • submit to weekly COVID-19 testing.
  • October 6, 2021: Delaware Department of Labor issues guidance stating that employer vaccine mandates are considered reasonable in nature and that, in most instances, employees who fail to comply with employer-initiated vaccine requirements will not qualify for unemployment benefits on separation.
  • August 12, 2021: Governor Carney announces that beginning September 30, 2021, the following employees must provide proof of COVID-19 vaccination or submit to regular testing:
    • all state employees;
    • long-term health care employees; and
    • acute and outpatient providers.
  • July 12, 2021: Governor Carney signs Termination of State of Emergency effective July 13, 2021.
  • May 4, 2021: Governor Carney announces that effective May 21, 2021:
    • all capacity restrictions inside restaurants, retail, and other business establishments will be lifted;
    • masks will continue to be required in all indoor places; and
    • social distancing requirements will be reduced to 3 feet.
For the latest Delaware information and resources on COVID-19, see Delaware Department of Labor, COVID-19 Response Center.
For Delaware COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Delaware.

District of Columbia

  • September 14, 2022: D.C. Mayor Muriel Bowser issues updated COVID-19 Vaccination Requirements, which no longer require district employees to provide proof of vaccination, submit negative test results, or seek accommodation in lieu of vaccination.
  • August 25, 2022: D.C. Superior Court grants motion for summary judgment, finding that Mayor Bowser lacked legal authority to impose a vaccine mandate on district employees and permanently enjoining the COVID-19 vaccine mandate on D.C. employees (Fraternal Order of Police et al. v. District of Columbia, No. 2022 CA 000584 B (D.C. Super. Ct. Aug. 25, 2022)).
  • February 14, 2022: D.C. Mayor Bowser issues Mayor's Order 2022-029 repealing Mayor's Order 2021-148, which required individuals to provide proof of vaccination before entering restaurants, bars, gyms, and other indoor facilities.
  • January 26, 2022: D.C. Mayor Bowser issues Mayor's Order 2022-018 extending the indoor mask requirements of Mayor's Order 2021-147 until February 28, 2022.
  • January 10, 2022: D.C. Department of Health issues Vaccination Entry Requirement Guidance and FAQ which, among other things, states that the vaccination mandate for restaurants and other indoor establishments does not apply to employees.
  • December 22, 2021: D.C. Council enacts COVID Vaccination Leave Temporary Amendment Act of 2021 which, after a 30-day congressional review, will extend the provisions of the COVID Vaccination Leave Emergency Amendment Act. The law requires all private employers to provide employees with:
    • paid leave of up two hours per injection to receive the COVID-19 vaccine or accompany their child to receive the COVID-19 vaccine;
    • paid leave of up to eight hours per injection to recover or care for a child recovering from any COVID-19 vaccination side effects; and
    • unpaid leave of up to 16 weeks in a two-year period if they cannot work due to specified COVID-19 related reasons.
  • December 22, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-148 which, effective January 15, 2022, all patrons age 12 and over must provide proof of vaccination before entering:
    • restaurants, bars, and nightclubs;
    • indoor entertainment establishments;
    • indoor exercise and recreational establishments;
    • indoor event and meeting establishments; and
    • any other indoor establishment designated by the Director of the Department of Health.
  • December 20, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-147 which, among other things:
    • reinstates the indoor mask mandate requiring all persons over the age of two, regardless of vaccination status, to wear a mask indoors; and
    • will remove the testing alternative for D.C. government employees and require them to be fully vaccinated and obtain a COVID-19 booster.
  • November 18, 2021: D.C. Mayor Bowser signs COVID Vaccination Leave Emergency Amendment Act of 2021, which requires all private employers to provide employees with:
    • paid leave of up two hours per injection to receive the COVID-19 vaccine or accompany their child to receive the COVID-19 vaccine;
    • paid leave of up to eight hours per injection to recover or care for a child recovering from any COVID-19 vaccination side effects; and
    • unpaid leave of up to 16 weeks in a two-year period if they cannot work due to specified COVID-19 related reasons.
  • November 16, 2021: D.C. Mayor Bowser announces that the indoor mask mandate will be lifted on November 22, 2021, but masks will be still be required, regardless of vaccination status:
    • in any private business that implements a mask requirement;
    • on public transportation;
    • inside schools, childcare facilities, and libraries;
    • congregate facilities and correctional facilities; and
    • in D.C. government facilities where there is direct interaction between employees and the public.
  • September 20, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-109 which, effective November 1, 2021, requires all employees, contractors, and volunteers in all schools and child care facilities to be fully vaccinated against COVID-19 unless they have received an approved religious or medical exemption.
  • August 16, 2021: D.C. Mayor Bowser announces that beginning September 30, 2021, all health care workers must have obtained at least one dose of the COVID-19 vaccine, unless they have a medical or religious exemption.
  • August 10, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-099 which, effective September 19, 2021, requires all employees and interns of D.C. agencies to either:
    • be fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.
  • July 29, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-097 which, beginning July 31, 2021, requires all individuals over the age of two to wear a mask indoors, regardless of vaccination status.
  • July 24, 2021: D.C. Mayor Bowser signs D.C. Act 24-125 which, among other things, extends paid COVID-19 leave until November 5, 2021.
  • May 1, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-066 which:
    • outlines permitted actions for fully vaccinated individuals;
    • continues to require all individuals over the age of two to wear masks indoors; and
    • allows businesses to request proof of vaccination for admittance, registration, or employment, provided that they make exceptions for those unable to be vaccinated for medical reasons or sincerely held religious beliefs.
  • April 5, 2021: D.C. Mayor Bowser releases situational update, announcing that the following businesses and activities may resume on May 1, 2021:
    • movie theaters and live entertainment at 25% capacity;
    • regional business meetings and conventions at 25% capacity;
    • indoor and outdoor pools at 50% capacity; and
    • retail businesses, libraries, and museums at 50% capacity.
  • February 3, 2021: D.C. Council passes Protecting Businesses and Workers from COVID-19 Congressional Review Emergency Amendment Act of 2021, extending the prior act and requiring employers to continue to:
    • implement social distancing and other worker protection policies to prevent the transmission of COVID-19;
    • not disclose the identity of an employee who tests positive for COVID-19 except to the Department of Health or another District or federal agency;
    • refrain from taking an adverse employment action against an employee for their refusal to serve a customer or work within six feet of an individual who is not complying with the workplace protections; and
    • refrain from taking an adverse employment action against an employee because they tested positive for COVID-19, were exposed to someone with COVID-19, are sick and waiting for a COVID-19 test result, or are caring for someone with COVID-19 or who is quarantined.
  • January 13, 2021: D.C. Mayor Bowser signs Displaced Workers Right to Reinstatement and Retention Amendment Act of 2020 which, beginning February 1, 2021, requires certain hotel, food-service, entertainment venue, and retail employers and contractors to reinstate or offer open positions to eligible employees who ceased working due to the COVID-19 public health emergency for reasons other than voluntary resignation or termination for cause.
For the latest District of Columbia information and resources on COVID-19, see District of Columbia, Coronavirus.
For District of Columbia COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): District of Columbia.

Florida

  • May 11, 2023: Governor Ron DeSantis signs SB 252 which, effective June 1, 2023, prohibits employers and governmental entities (except healthcare providers) from:
    • requiring any person to provide proof of vaccination or postinfection recovery from COVID-19 or require a COVID-19 test as a condition of contracting, hiring, promotion, or continued employment;
    • discharging, refusing to hire, depriving a person of employment opportunities, adversely affecting a person's employment status, or otherwise discriminating against a person based on their knowledge or belief of the person's vaccination status, postinfection recovery from COVID-19, or refusal to take a COVID-19 test; or
    • requiring any person to wear a face mask, face shield, or any other facial covering that covers the mouth and nose.
  • December 3, 2021: Florida Department of Legal Affairs issues Notice of Emergency Rule and Private Employer Vaccine Mandate Program FAQs, which provide additional information and clarification regarding HB 1B.
  • November 18, 2021: Governor DeSantis signs HB 1B which, among other things:
    • prohibits private employers, government entities, and educational institutions from imposing COVID-19 vaccination mandates;
    • allows all private employees to choose to be vaccinated or to claim an exemption for medical reasons (including pregnancy or anticipated pregnancy), religious reasons, COVID-19 immunity, or agreeing to periodic testing or use of employer-provided personal protective equipment; and
    • requires employers to pay the costs of COVID-19 testing and personal protective equipment for employee who claim vaccine exemptions.
  • November 18, 2021: Governor DeSantis signs HB 3B, which keeps employee complaints regarding private employers' violations of the prohibition on vaccine mandates confidential until after the investigation is completed.
  • September 7, 2021: City of Tampa Mayor Jane Castor issues Executive Order 2021-47 which, effective until December 6, 2021, requires all city employees to either:
    • become fully vaccinated against COVID-19 by September 30, 2021;
    • provide medical documentation evidencing the existence of COVID-19 antibodies every 90 days; or
    • provide negative COVID-19 test results every seven days.
  • August 8, 2021: Southern District of Florida grants preliminary injunction prohibiting Florida from enforcing § 381.00316, Fla. Stat. against cruise lines that establish policies requiring passengers to provide proof of COVID-19 vaccination (Norwegian Cruise Line Holdings, Ltd. v. Rivkees (S.D. Fla. Aug. 8, 2021)).
  • July 28, 2021: Orange County Mayor Jerry Demings announces that all new and existing county government employees must be fully vaccinated against COVID-19 by September 30, 2021 unless they receive an approved health, religious, or other lawful exemption.
  • May 3, 2021: Governor Ron DeSantis signs SB 2006 (adding § 381.00316, Fla. Stat.) which, among other things:
    • prohibits businesses, government entities, and educational institutions from requiring proof of COVID-19 vaccination to gain access to, enter, or receive services; and
    • allows the Governor to invalidate any emergency order issued by a political subdivision if the Governor determines that it unnecessarily restricts individual rights or liberties.
  • May 3, 2021: Governor DeSantis signs Executive Order 21-102, which:
    • suspends all local COVID-19 restrictions and mandates on individuals and businesses; and
    • prohibits counties and municipalities from renewing or enacting any emergency order or ordinance that imposes restrictions on individuals or businesses.
  • April 2, 2021: Governor DeSantis signs Executive Order 21-81, which prohibits businesses from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination or post-transmission recovery to enter the business.
  • March 29, 2021: Governor DeSantis signs SB 72, which provides civil immunity to individuals and businesses from COVID-19 related claims, provided that they made a good faith effort to comply with public health standards.
For the latest Florida information and resources on COVID-19, see Florida COVID-19 Response, Businesses and Employers.
For Florida COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Florida.

Georgia

  • February 25, 2022: Atlanta Mayor Andre Dickens lifts the city's indoor mask mandate.
  • January 18, 2022: Decatur City Commission reinstates face covering ordinance until February 22, 2022, requiring:
    • all persons age 10 and over to wear face coverings in all businesses, stores, or non-profits that provide goods or services;
    • all employees to wear face coverings when having face-to-face contact with the public; and
    • all persons age 10 and over to wear face coverings outdoors when unable to maintain six feet of distance from others.
  • January 3, 2022: Atlanta Mayor Dickens issues Executive Order 2022-02, extending the indoor mask mandate for all persons age ten and over.
  • December 21, 2021: Atlanta Mayor Keisha Lance Bottoms issues Executive Order requiring all persons age ten and over to wear a mask in indoor public places, including private businesses and establishments.
  • November 9, 2021: Atlanta Mayor Bottoms lifts city-wide face covering requirement except for city-operated facilities.
  • September 27, 2021: Decatur City Manager Andrea Arnold announces that all city employees will be required to either:
    • become fully vaccinated against COVID-19 by November 30, 2021; or
    • submit to regular COVID-19 testing.
  • September 20, 2021: Atlanta Mayor Bottoms issues Executive Order 2021-114, which requires all individuals age ten and over to wear face coverings in indoor public places, regardless of vaccination status.
  • June 22, 2021: Governor Brian Kemp issues final executive order, which will end the COVID-19 state of emergency on July 1, 2021.
  • May 25, 2021: Governor Kemp issues executive order, which prohibits:
    • state agencies from implementing a Vaccine Passport Program or requiring individuals to provide proof of COVID-19 vaccination as a condition of entering or conducting business with a state agency or receiving state services;
    • Vaccine Passport Programs to enter the state of Georgia;
    • state agencies from affording employment-related privileges, accommodations, or circumstances of employment based solely on COVID-19 vaccination status;
    • private employers from accessing or using any COVID-19 vaccination data held by the state for the purpose of a Vaccination Passport Program or to determine an individual's vaccination status; and
    • the sharing of data from the Georgia Registry of Immunization Transactions and Services with any public or private entity for the purpose of a Vaccine Passport Program or to determine an individual's vaccination status.
  • March 12, 2021: Governor Kemp issues executive order which, effective March 16 through March 31, 2021:
    • lessens the restrictions on bars, so that they must comply with the same restrictions as restaurants; and
    • streamlines suggestions and requirements for critical infrastructure and non-critical infrastructure organizations to remove unnecessary requirements.
For the latest Georgia information and resources on COVID-19, see Georgia Department of Public Health, Coronavirus (COVID-19).
For Georgia COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Georgia.

Hawaii

  • March 8, 2022: Governor David Ige announces that the statewide indoor mask requirement will end March 25, 2022.
  • March 1, 2022: Governor Ige announces that state and county employees and visitors to state facilities will no longer be required to provide proof of vaccination status or negative COVID-19 test results as of March 26, 2022.
  • February 28, 2022: Honolulu Mayor Rick Blangiardi announces that the Safe Access O'ahu vaccine requirement for employees and guests of indoor recreational and entertainment facilities will be lifted.
  • February 18, 2022: County of Maui Mayor Michael Victorino announces that the vaccination or testing requirement for indoor services will be lifted February 21, 2022.
  • February 8, 2022: Governor Ige announces that booster shots will not be required for the Safe Travels "up-to-date" vaccination requirements, allowing individuals traveling to Hawaii to be exempt from quarantine and testing requirements by showing proof of full vaccination.
  • November 2, 2021: Governor Ige issues Executive Order 21-08 which, effective November 12 through December 1, 2021, requires:
    • restaurants, bars, and social establishments to require six-foot social distancing and masks, and prohibit mingling; and
    • gyms, restaurants, and bars to limit capacity to 50% unless the county implements a vaccination or test policy.
  • October 19, 2021: Governor Ige announces that beginning November 1, 2021, all vaccinated residents and visitors may travel domestically and between islands for business or pleasure.
  • October 11, 2021: County of Maui Mayor Michael Victorino issues Public Health Emergency Rules which, among other things, requires:
    • all persons age 12 and over to either provide proof of full vaccination status or a negative COVID-19 test taken within 48 hours in order to enter restaurants and bars and gyms and fitness centers; and
    • all restaurant, bar, gym, and fitness center employees to either provide proof of COVID-19 vaccination or submit weekly negative COVID-19 test results.
  • October 1, 2021: Governor Ige issues Emergency Proclamation which, among other things, clarifies that employers are not required to pay for costs of COVID-19 testing for any employee who chooses testing instead of vaccination as part of a workplace vaccination policy.
  • September 8, 2021: Governor Ige signs Executive Order 21-07 which, effective September 13, 2021, requires all contractors and visitors to state facilities and on state property to wear masks at all times and either provide:
    • proof of full vaccination status; or
    • negative COVID-19 tests on a weekly basis.
  • August 30, 2021: Honolulu Mayor Rick Blangiardi issues Emergency Order 2021-11 which, beginning September 13, 2021, requires:
    • all individuals age 12 and over to provide either proof of COVID-19 vaccination or a negative COVID-19 test to enter entertainment and recreational settings, restaurants and bars, and indoor gyms and fitness operations; and
    • all employees of entertainment and recreational entities, restaurants and bars, and indoor gyms and fitness centers to either provide proof of COVID-19 vaccination or submit weekly negative COVID-19 test results.
  • August 5, 2021: Governor David Ige signs Emergency Proclamation requiring all state and county employees to either:
    • be fully vaccinated for COVID-19 by August 16, 2021; or
    • submit to once or twice weekly COVID-19 testing.
  • July 8, 2021: State of Hawaii adds vaccine exception to its Safe Travels program, allowing individuals to apply for an exemption to the mandatory 10-day travel quarantine requirement if they register with the Safe Travels website and either:
    • upload proof that they are fully vaccinated; or
    • comply with pre-travel testing requirements.
  • May 25, 2021: Governor Ige signs Amendment to Nineteenth Proclamation, which modifies the statewide face covering mandate to require face coverings only in indoor public settings.
  • May 7, 2021: Governor Ige signs Twentieth Proclamation, which allows fully vaccinated individuals to bypass the 14-day mandatory quarantine period when traveling between counties, provided that they provide validation and consent to access vaccination through the state's Safe Travels program.
For the latest Hawaii information and resources on COVID-19, see Hawaii Department of Labor and Industrial Relations, COVID-19: Labor FAQs.
For Hawaii COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Hawaii.

Idaho

  • April 6, 2023: Governor Brad Little signs Coronavirus Stop Act (SB 1130) which, among other things, prohibits:
    • businesses from requiring coronavirus vaccination as a term of employment, unless required by federal law or a foreign jurisdiction to which the employee must travel;
    • businesses or governmental entities from providing different compensation or benefits based on coronavirus vaccination status;
    • businesses from denying services, products, or admission based on vaccination status; and
    • state, county, or local government entities from requiring a person to receive a coronavirus vaccination unless required by federal law.
  • December 16, 2021: Boise Mayor Lauren McLean announces that, effective January 3, 2022, all newly hired city employees must be fully vaccinated against COVID-19.
  • November 8, 2021: Adams County Commissioners pass County Ordinance 2022-02 which, effective December 8, 2021, makes it a misdemeanor subject to a $2,000 fine and up to one year in prison for:
    • any person or entity to refuse, withhold from, or deny services, goods, facilities, or employment opportunities based on a person's vaccination status;
    • employers to refuse employment to or discriminate against a person based on their vaccination status;
    • public accommodations to exclude or discriminate against a person based on their vaccination status; and
    • individuals to be required to receive any vaccine that is allowed under an emergency use authorization or undergoing safety trials.
  • May 11, 2021: Governor Brad Little announces that beginning June 19, 2021, Idaho will end its participation in the following federal pandemic unemployment compensation programs:
    • Federal Pandemic Unemployment Compensation;
    • Pandemic Unemployment Assistance; and
    • Pandemic Emergency Unemployment Compensation.
  • April 23, 2021: Idaho Department of Labor announces that beginning April 25, 2021, work search requirements for unemployment benefits will be reinstated.
  • April 7, 2021: Governor Little signs Executive Order 2021-04, which prohibits the state from:
    • requiring individuals to provide proof of COVID-19 vaccination status as a condition of accessing state services or facilities;
    • producing and issuing COVID-19 vaccine passports for the purpose of certifying that individuals have received the COVID-19 vaccine; and
    • providing information of an individual's COVID-19 vaccine status to any person, company, or governmental entity for inclusion in a COVID-19 vaccine passport program.
For the latest Idaho information and resources on COVID-19, see Idaho Rebounds, Stages of Reopening and Idaho Department of Labor: COVID-19.
For Idaho COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Idaho.

Illinois

  • December 7, 2023: Northern District of Illinois holds that time spent undergoing COVID-19 screening is not compensable under federal or Illinois law (Johnson v. Amazon.com Services, LLC, No. 23-C-685 (N.D. Ill. Dec. 7, 2023)).
  • April 19, 2023: Illinois Labor Relations Board overturns the Chicago city employee vaccine mandate, holding that unvaccinated workers that were fired must be reinstated and paid for any lost wages and benefits (Coalition of Unionized Pub. Emps et al. v. City of Chicago, L-CA-22-014 (Ill. Lab. Relations Bd. Apr. 19, 2023)).
  • October 14, 2022: Governor J.B. Pritzker issues Executive Order 2022-21, which extends the vaccine requirement for state-owned and operated congregate facilities but does not extend the vaccine requirement for:
    • health care workers;
    • school personnel; and
    • higher education personnel.
  • May 3, 2022: Cook County Bureau of Human Resources issues updated Mandatory COVID-19 Vaccination policy requiring all Cook County employees to be fully vaccinated against COVID-19 unless they are granted a medical or religious exemption. The policy requires all employees that are granted an exemption to submit to weekly PCR tests.
  • April 5, 2022: Governor J.B. Pritzker signs HB 1167, which restores sick leave and provides paid administrative leave to fully vaccinated school district employees who are unable to work because they:
    • tested positive or are caring for their child who tested positive for COVID-19;
    • are excluded from school because they were in close contact with someone with COVID-19;
    • are excluded from school because they have COVID-19 symptoms; or
    • are caring for their child who is excluded from school due to a close contact or COVID-19 symptoms.
  • February 28, 2022: Cook County Department of Health issues Order No. 2022-1, repealing the vaccine requirement for guests and employees of indoor establishments pursuant to Order No. 2021-11.
  • February 22, 2022: Chicago Mayor Lori Lightfoot announces that the citywide vaccine mandate to enter restaurants, gyms, and entertainment and recreation venues will be lifted on February 28, 2022.
  • February 9, 2022: Governor Pritzker announces that the statewide indoor mask requirement will be lifted on February 28, 2022, but masks will still be required in:
    • healthcare settings;
    • long-term care facilities; and
    • congregate settings.
  • January 13, 2022: Illinois Department of Labor announces that due to the US Supreme Court's decision regarding the OSHA Vaccination and Testing Emergency Temporary Standard, it will stay enforcement of the rule.
  • January 7, 2022: Illinois Department of Labor announces that it has adopted the Federal OSHA Vaccination and Testing Emergency Temporary Standard and that employers have until:
    • January 24, 2022 to develop a workplace policy regarding vaccination and testing; and
    • February 24, 2022 to establish and implement their policy.
  • December 23, 2021: Cook County Department of Health issues Order No. 2021-11, which requires:
    • all persons age two and over, regardless of vaccination status, to wear masks in all indoor public places;
    • all persons age five and over to show proof of vaccination before entering food and drink establishments and health and fitness centers; and
    • employees of food and beverage establishments and health and fitness centers to be fully vaccinated or provide weekly negative COVID-19 tests.
  • December 21, 2021: Chicago Health Commissioner issues Order No. 2021-2 requiring all individuals age five and over to provide proof of full vaccination before entering:
    • food or beverage establishments;
    • gyms and fitness venues; and
    • entertainment and recreation venues in areas where food and beverages are served.
  • November 15, 2021: City of Evanston implements Mandatory COVID-19 Vaccination Policy requiring all city employees, contractors, volunteers, and interns to either become fully vaccinated against COVID-19 or submit to weekly testing, unless they are granted an exemption for:
    • a medical condition;
    • sincerely held religious belief; or
    • a recent positive COVID-19 test or treatment.
  • November 8, 2021: Governor Pritzker signs SB 1169, which amends the Health Care Right of Conscience Act to state that it is not a violation of the Act for any person or entity to implement and enforce measures to reduce the risk of COVID-19 transmission.
  • October 22, 2021: Governor Pritzker issues Executive Order 2021-28, which requires all licensed day care center employees to either:
    • receive their first COVID-19 vaccine dose by December 3, 2021 and their second dose by January 3, 2022; or
    • submit to weekly COVID-19 testing.
  • October 8, 2021: Chicago Mayor Lori Lightfoot updates the city employee vaccine policy, which now requires employees to either:
    • become fully vaccinated against COVID-19 by October 15, 2021; or
    • undergo COVID-19 testing on a twice weekly basis on their own time and at their own expense until December 31, 2021, at which time they must be fully vaccinated unless they have an approved medical or religious exemption.
    • November 1, 2021: Cook County Circuit Judge grants temporary restraining order staying the December 31, 2021 vaccine deadline only for Chicago Police Department union employees until arbitration under their collective bargaining agreements is complete (Fraternal Order of Police Chicago Lodge No. 7 v. City of Chicago, No. 2021 CH 5276 (Cook Cty. Cir. Ct. Nov. 1, 2021)). The city's vaccine mandate remains in effect for all other covered employees.
    • December 21, 2021: Northern District of Illinois denies request for preliminary injunction against the city's vaccine mandate, finding that plaintiffs were unlikely to succeed on either their substantive or procedural due process claims and failed to demonstrate that they would suffer irreparable harm (Troogstad et al. v. City of Chicago & Governor Pritzker, (N.D. Ill. Dec. 21, 2021)).
    • August 29, 2022: Seventh Circuit affirms the denial of the preliminary injunction of the vaccine mandate for City and County of Chicago employees (Lukaszczyk v. Cook Cty., (7th Cir. Aug. 29, 2022)).
  • September 3, 2021: Governor Pritzker issues Executive Order 2021-22 (superseding Executive Order 2021-20), which requires:
    • all health care workers, preK-12 school personnel, higher education personnel, and higher education students to either receive their first dose of the COVID-19 vaccine by September 19, 2021 and be fully vaccinated within 30 days of the first dose or submit to weekly COVID-19 testing; and
    • all individuals age two and over to wear face coverings in indoor public places.
    • December 21, 2021: Northern District of Illinois denies request for preliminary injunction against the vaccine mandate, finding that plaintiffs were unlikely to succeed on either their substantive or procedural due process claims and failed to demonstrate that they would suffer irreparable harm (Troogstad et al. v. City of Chicago & Governor Pritzker, (N.D. Ill. Dec. 21, 2021)).
    • August 29, 2022: Seventh Circuit affirms the denial of the preliminary injunction of the state vaccine mandate (Lukaszczyk v. Cook Cty., (7th Cir. Aug. 29, 2022)).
  • August 26, 2021: Governor Pritzker issues Executive Order 2021-20, which requires:
    • all health care workers, preK-12 school personnel, higher education personnel, and higher education students to either receive their first dose of the COVID-19 vaccine within 10 days and be fully vaccinated within 30 days of the first dose or submit to weekly COVID-19 testing; and
    • all individuals age two and over to wear face coverings in indoor public places.
  • August 25, 2021: Chicago Mayor Lightfoot announces that, effective October 15, 2021, all city employees must be fully vaccinated against COVID-19.
  • August 19, 2021: Chicago Health Commissioner issues Order No. 2021-1 requiring all individuals age 2 and over to wear masks in all indoor public settings, regardless of vaccination status.
  • August 4, 2021: Governor J.B. Pritzker announces that all employees at state-operated congregate living facilities will be required to receive the COVID-19 vaccine by October 4, 2021.
    • NOTE: The vaccine deadline for state-operated living facility employees has been extended until November 30, 2021 (see Executive Orders 2021-23 and 2021-27).
  • June 24, 2021: Cook County Board of Commissioners enacts COVID-19 Vaccination Rights Ordinance which, effective July 1, 2021, requires employers to:
    • allow employees to obtain the COVID-19 vaccine during work hours;
    • use accrued paid sick time or paid time off to obtain the COVID-19 vaccine;
    • compensate employees for up to four hours per COVID-19 vaccine dose if the employer requires employees to be vaccinated; and
    • refrain from taking adverse actions against employees who obtain the COVID-19 vaccine during work hours..
  • June 11, 2021: Governor Pritzker issues Executive Order 2021-12, which moves the state to Phase 5 of reopening and requires unvaccinated persons to continue wearing face coverings and maintaining social distancing in indoor businesses and venues.
  • April 15, 2021: Chicago City Council passes anti-retaliation ordinance, which requires employers to:
    • allow employees to obtain the COVID-19 vaccine during work hours;
    • use accrued paid sick time or paid time off to obtain the COVID-19 vaccine;
    • compensate employees for up to four hours per COVID-19 vaccine dose if the employer requires employees to be vaccinated; and
    • refrain from taking adverse actions against employees who obtain the COVID-19 vaccine during work hours.
  • March 2021: Illinois Department of Labor issues Employer Guidance: Compensation, Paid Leave and the COVID-19 Vaccine, which provides that:
    • employers with mandatory vaccination requirements should provide employees with paid leave or compensation for the time taken to receive the vaccine;
    • employers with optional vaccination requirements should allow employees to use sick, vacation, or other paid time off to receive the vaccine; and
    • employers should allow employees to use sick leave to attend vaccine appointments with a qualifying family member.
  • January 19, 2021: Governor J.B. Pritzker issues Executive Order 2021-03 defining metrics for the state's 11 regions to move to less or more restrictive mitigation measures.
For the latest Illinois information and resources on COVID-19, see Illinois, Coronavirus (COVID-19) Response.
For Illinois COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Illinois.

Indiana

  • March 3, 2022: Governor Eric Holcomb signs HB 1001, which prohibits employers from imposing COVID-19 vaccine mandates unless they provide individual exemptions for employees based on:
    • medical reasons;
    • religious reasons; or
    • prior COVID-19 immunity.
  • June 30, 2021: Governor Holcomb issues Executive Order 21-17 which:
    • rescinds all prior COVID-19 related Executive Orders; and
    • outlines a limited number of directives necessary to support the state's health care system and vaccination program.
  • May 17, 2021: Governor Holcomb announces that Indiana will end its participation in federal pandemic unemployment insurance programs effective June 19, 2021.
    • NOTE: After a preliminary injunction was granted by the Marion County Superior Court on June 25, 2021 enjoining the state from withdrawing from federal unemployment benefits, the Indiana Court of Appeals overruled the injunction on August 17, 2021, stating that Ind. Code § 22-4-37.1 does not require the state to participate in these programs (Holcomb v. Concerned Clergy of Indianapolis et al., No. 21A-PL-1268 (Aug. 17, 2021)).
  • April 29, 2021: Governor Holcomb signs HB 1405 which, among other things, prohibits the state or local unit from issuing vaccine passports.
  • February 18, 2021: Governor Holcomb signs Senate Bill 1, which provides civil immunity to businesses and persons from tort claims arising from COVID-19, provided the actions or omissions did not constitute gross negligence or willful and wanton misconduct. The law applies retroactively to any cause of action arising on or after March 1, 2020.
For the latest Indiana information and resources on COVID-19, see Indiana Department of Workforce Development, COVID-19 Information.
For Indiana COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Illinois.

Iowa

  • January 7, 2022: Iowa Labor Commissioner Rod Roberts submits notice that Iowa will not be adopting or enforcing the federal OSHA Vaccination and Testing Emergency Temporary Standard.
  • October 29, 2021: Governor Kim Reynolds signs House File 902, which states that employees who are discharged from employment because they refused to comply with an employer's vaccine requirement may still receive unemployment benefits. The law also requires employers that mandate COVID-19 vaccines for their employers to waive the requirement if the employee requests a waiver and submits either:
    • a statement that receiving the vaccine would be injurious to the health and well-being of the employee or someone residing with the employee; or
    • a statement that receiving the vaccine would conflict with the tenets and practices of the employee's religion.
  • May 20, 2021: Governor Reynolds signs House File 889, which prohibits businesses and governmental entities from requiring individuals to provide proof of COVID-19 vaccination status before entering the premises.
  • February 5, 2021: Governor Reynolds signs proclamation that rescinds the statewide face covering requirement and encourages individuals to take reasonable public health measures to reduce the transmission of COVID-19.
For the latest Iowa information and resources on COVID-19, see Iowa Workforce Development: Updates and Resources About COVID-19.
For Iowa COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Iowa.

Kansas

  • March 2, 2022: Douglas County Comissioners revoke public health order requiring masks in indoor spaces.
  • January 5, 2022: Douglas County Commissioners issue emergency order requiring all persons over two to wear face coverings, regardless of vaccination status, when:
    • inside or in line to enter any indoor public space;
    • obtaining healthcare services;
    • waiting for or riding public transportation;
    • outdoors and unable to maintain a six-foot distance from others.
  • November 23, 2021: Governor Laura Kelly signs HB 2001, which requires employers that implement COVID-19 vaccine requirements to exempt any employee who submits a written waiver request stating that the requirement would:
    • endanger the life or health of the employee or an individual residing with the employee, as evidenced by an accompanying written physician statement; or
    • violate the employee's sincerely held religious beliefs, including theistic and non-theistic moral and ethical beliefs.
  • June 14, 2021: Governor Kelly issues Executive Order 21-23, which rescinds COVID-19 related executive orders and ends the declaration of the state of emergency.
  • May 21, 2021: Governor Kelly signs SB 159, which prohibits state agencies from:
    • issuing COVID-19 vaccine passports;
    • requiring individuals to use COVID-19 vaccine passports for any purpose; and
    • denying housing or refusing access to public places based on an individual's vaccination status.
  • April 1, 2021: Kansas Legislative Coordinating Council votes to revoke the statewide mask mandate (Executive Order 21-14).
  • April 1, 2021: Governor Kelly issues Executive Order 21-14 which requires:
    • all persons over the age of five to wear face coverings inside or in line to enter any indoor public space, when obtaining healthcare services, when waiting for or riding on public transportation, or in outdoor public spaces where six-foot distances cannot be maintained; and
    • all businesses to ensure that all employees, customers, and visitors wear face coverings in spaces visited by members of the public, when employees are working where food is prepared or packaged, or when members of the public are in a facility managed by the business.
For the latest Kansas information and resources on COVID-19, see Kansas Department of Health and Environment: COVID-19 Updates.
For Kansas COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Kansas.

Kentucky

  • January 20, 2022: Kentucky Cabinet for Health and Family Services issues COVID-19 in the Workplace guidance, which provides information regarding isolation, quarantine, and notifying contacts.
  • August 2, 2021: Governor Andy Beshear announces that any employee of a state-operated health care facility who is not fully vaccinated against COVID-19 by October 1, 2021 must submit to COVID-19 testing at least twice per week.
  • July 29, 2021: Kentucky Cabinet for Health and Family Services issues Healthy at Work guidance for all entities, which recommends, among other things:
    • encouraging unvaccinated individuals to wear face coverings indoors;
    • supplying hand sanitizer for employees and customers; and
    • implement daily temperature and health checks for employees.
  • June 11, 2021: Governor Beshear issues Executive Order 2021-386, which removes the statewide mask mandate except when individuals are:
    • using public transportation, such as planes, buses, and trains; and
    • in healthcare or long-term care settings.
  • May 6, 2021: Governor Beshear announces that:
    • work search requirements for unemployment benefits will resume May 9, 2021;
    • events and businesses with 1,000 or fewer people can increase capacity to 75% beginning May 28, 2021;
    • indoor and outdoor events with more than 1,000 people can increase capacity to 60% beginning May 28, 2021; and
    • small groups of fully vaccinated individuals are not required to wear face coverings in private businesses.
  • April 26, 2021: Governor Beshear announces that the statewide mask mandate is lifted for outside events or venues with 1,000 or fewer people.
  • April 12, 2021: Governor Beshear announces that most capacity restrictions will be lifted once 2.5 million residents have received at least their first COVID-19 vaccine dose.
  • March 29, 2021: Governor Beshear issues Executive Order 2021-212 extending the statewide face covering order for an additional 30 days. The order continues to require all persons over the age of five to wear face coverings:
    • in all indoor public settings;
    • while waiting for or riding public transportation; and
    • in outdoor public places when unable to maintain six feet of distance from others.
  • March 1, 2021: Governor Beshear announces that 18 types of businesses, including personal care services, bars and restaurants, fitness centers, retail, and movie theaters, may increase capacity to 60%.
  • February 26, 2021: Governor Beshear issues Executive Order 2021-134 extending the statewide face covering order for an additional 30 days. The order continues to require all persons over the age of five to wear face coverings:
    • in all indoor public settings;
    • while waiting for or riding public transportation; and
    • in outdoor public places when unable to maintain six feet of distance from others.
  • January 30, 2021: Governor Beshear issues Executive Order 2021-070 extending the statewide face covering order for an additional 30 days.
For the latest Kentucky information and resources on COVID-19, see Kentucky, COVID-19.
For Kentucky COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Kentucky.

Louisiana

  • March 21, 2022: City of New Orleans lifts vaccine requirement to enter certain indoor establishments.
  • March 3, 2022: City of New Orleans lifts mask mandate, no longer requiring individuals age two and over to wear masks in indoor public places.
  • January 11, 2022: City of New Orleans announces that beginning January 12, 2022, all individuals age two and over must wear masks in all public indoor spaces.
  • January 7, 2022: Louisiana Supreme Court holds that absent any violation of federal and state law, private employers may terminate at-will employees for failing to comply with COVID-19 vaccine mandates (Hayes v. Univ. Health Shreveport, LLC, (La. Jan. 7, 2022) (rejecting healthcare employees' wrongful termination claims based on refusing to consent to medical treatment and invasion of privacy)).
  • January 3, 2022: City of New Orleans updates August 12, 2021 COVID-19 Vaccination/Testing Guidelines for attending certain establishments and events to require individuals age five and over to either:
    • provide proof of at least one dose of the COVID-19 vaccine and proof of both doses by February 1, 2022; or
    • a negative COVID-19 test taken within 72 hours before entry.
  • October 26, 2021: Governor John Bel Edwards issues Proclamation 2013 JBE 2021, which lifts the statewide face covering requirement except for K-12 schools.
  • August 12, 2021: City of New Orleans Health Department issues Guidelines for COVID-19 Reopening which require, among other things:
    • all individuals to provide either proof that they have received at least one vaccine dose or a negative COVID-19 PCR test before entering indoor dining establishments, indoor fitness facilities, and indoor entertainment or performance venues;
    • all individuals over the age of two to wear face coverings at all times in indoor places outside of their household or when riding in a vehicle with non-household members; and
    • all individuals attending an outdoor events of more than 500 people at more than 50% capacity to wear masks and provide proof of vaccination or a negative COVID-19 PCR test.
  • August 2, 2021: Governor Edwards issues Proclamation 137 JBE 2021 which, effective August 4 through September 1, 2021, requires all individuals age five and over to wear face coverings when indoors in any place outside of a private residence.
  • May 14, 2021: Governor Edwards issues Proclamation 85 JBE 2021, which rescinds the statewide face covering order.
  • February 11, 2021: Governor Edwards issues Proclamation 17 JBE 2021, which extends the Phase 2 order and the statewide face covering order until March 3, 2021.
  • January 12, 2021: Governor Edwards issues Proclamation 6 JBE 2021, which extends the Phase 2 order and the statewide face covering order until February 10, 2021.
For the latest Louisiana information and resources on COVID-19, see Louisiana Workforce Commission, COVID-19 Information.
For Louisiana COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Louisiana.

Maine

  • September 5, 2023: Maine Department of Health and Human Services adopts new regulation repealing the COVID-19 vaccine requirement for health care workers.
  • February 7, 2022: Portland City Council repeals indoor mask mandate effective February 17, 2022.
  • January 14, 2022: Maine Board of Occupational Safety and Health announces that following the US Supreme Court's decision to vacate the OSHA vaccination mandate, it is canceling its special meeting to discuss adopting the mandate for public sector employees.
  • January 3, 2022: Portland City Council passes ordinance requiring all persons age two and over to wear masks when inside any public building or using public transportation, except for certain businesses that limit entry to only persons with established proof of COVID-19 vaccination.
  • January 3, 2022: Portland City Council rescinds emergency order effective January 13, 2022, which repeals the requirement that employers pay hazard pay of 1.5 times the minimum wage during an emergency order.
  • September 17, 2021: Maine Department of Labor announces that state public sector employers will be subject to the U.S. Department of Labor's vaccine mandate, which will require all public sector employers with 100 or more employees to either:
    • show proof of full COVID-19 vaccination; or
    • submit to weekly testing.
  • August 12, 2021: Governor Janet Mills announces that all health care workers, including emergency medical services and dental practice employees, to be fully vaccinated against COVID-19 by October 1, 2021.
    • May 25, 2023: First Circuit holds that accommodating plaintiff healthcare workers' requests for religious exemptions from Maine's COVID-19 vaccine mandate would have imposed substantial risks on healthcare provider employers, including onerous penalties and license suspension, which would have caused undue hardship. Therefore, those employers did not violate Title VII's prohibition against religious discrimination. The court also concluded that plaintiffs plausibly pled that a Maine statute mandating that healthcare workers be vaccinated against COVID-19 violated Free Exercise Clause by alleging that the statute allowed some unvaccinated individuals to work in healthcare facilities based on medical exemptions while refusing to permit individuals to continue working while unvaccinated for religious reasons. (Lowe v. Mills, (1st Cir. May 25, 2023).)
    • October 13, 2021: U.S. District Court for the District of Maine denies motion for preliminary injunction, allowing the health care vaccine mandate to stand despite not allowing for religious exemptions (Jane Does 1-6 et al. v. Mills, (D. Me. Oct. 12, 2021)).
    • October 19, 2021: US Supreme Court Justice Stephen Breyer rejects plaintiffs' emergency appeal, allowing the case to continue in the US Court of Appeals for the First Circuit (Does 1-6 et al. v. Mills, No. 21A83 (US Oct. 19, 2021)).
    • October 19, 2021: US Court of Appeals for the First Circuit affirms the denial of the preliminary injunction (Does 1-6 et al. v. Mills, 16 F.4th 20 (1st Cir. 2021)).
    • October 29, 2021: US Supreme Court denies plaintiffs' application for injunctive relief, allowing the health care vaccine mandate to stand without an allowance for religious exemptions (Does 1-6 et al. v. Mills, 142. S. Ct. 17 (2021)).
    • November 10, 2021: Governor Mills issues Health Care Worker Vaccination FAQs, which provide information on the organizations and employees subject to the immunization rule, exceptions and exemptions allowed, and means of reporting and enforcing the rule.
    • February 22, 2022: US Supreme Court denies plaintiffs' petition for certiorari (Does 1-3 et al. v. Mills, (US Feb. 22, 2022)).
  • June 30, 2021: Governor Mills issues Executive Order 40 FY 20/21 ending the COVID-19 state of emergency.
  • July 28, 2021: Governor Mills announces that Maine will follow the CDC's updated face covering guidance, recommending that all individuals, regardless of vaccination status, to wear face coverings in indoor public settings in areas of "substantial" or "high" transmission levels.
  • May 19, 2021: Governor Mills issues Executive Order 39 FY 20/21 rescinding the statewide face covering requirement except in schools and childcare settings.
  • April 27, 2021: Governor Mills announces that face coverings are no longer required in outdoor settings.
For the latest Maine information and resources on COVID-19, see Maine Department of Labor: Information about COVID-19.
For Maine COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Maine.

Maryland

  • January 18, 2023: Maryland Department of Health issues Amended Directive and Order Regarding Vaccination Matters, which extends the COVID-19 vaccination requirement until the sooner of the federal public health emergency ending or April 18, 2023 for:
    • state hospital staff.
    • state nursing home staff.
    • state correctional facility staff.
    • staff at other congregate living facilities identified by the Department of Health.
  • February 17, 2022: Montgomery County Board of Health announces that the indoor mask mandate will end on February 22, 2022.
  • November 2, 2021: Montgomery County Board of Health issues Resolution 19-1043, which requires all persons over the age of two to wear a face covering in all indoor locations accessible to the public.
  • August 31, 2021: Baltimore Mayor Brandon Scott announces that beginning October 18, 2021, all city employees must either:
    • provide proof of full vaccination; or
    • produce negative COVID-19 tests on a weekly basis.
  • August 30, 2021: Montgomery County Office of Human Resources announces that all new Montgomery County employees hired after August 30, 2021 will be required to be vaccinated before beginning employment.
  • August 18, 2021: Maryland Department of Health issues Order No. 2021-08-18-01, which requires all state hospital, nursing home, and correctional facility employees to either:
    • complete the full COVID-19 shot regiment, including any booster shot; or
    • submit to weekly COVID-19 testing and wear appropriate personal protective equiement in the facility.
  • August 12, 2021: Montgomery County updates face covering guidance to require all persons over the age of two to wear face coverings in all indoor locations accessible to the public.
  • August 10, 2021: Baltimore City Health Department issues face covering order requiring all individuals over the age of two, regardless of vaccination status, to wear face coverings when:
    • indoors at any location other than a private home;
    • in or on public transportation;
    • obtaining health care services; or
    • engaged in work in any area where interaction with others is likely or where food is prepared or packaged.
  • August 5, 2021: Maryland Department of Health issues directive which, effective September 1 through December 31, 2021, requires specified state workers in congregate settings to either:
    • receive their first dose of the COVID-19 vaccine; or
    • submit to COVID-19 testing at least once per week and wear appropriate personal protective equipment as determined by each facility's management.
  • June 15, 2021: Governor Larry Hogan issues Executive Order 21-06-15-01 terminating COVID-19 emergency orders and ending the state of emergency effective July 1, 2021.
  • May 30, 2021: Maryland enacts Essential Workers' Protection Act (HB 581), which requires employers of essential workers to take certain actions during a catastrophic health emergency, including, among other things:
    • providing working conditions that comply with applicable safety standards adopted by a federal or state agency;
    • providing necessary amounts of recommended safety equipment at no cost to essential workers;
    • providing paid leave of up to 112 hours for essential workers to isolate, obtain medical diagnosis or care, or care for a family member who is isolating due to a communicable disease that is the subject of the health emergency, or care for a family member whose care provider is unavailable due to the emergency;
    • taking steps to minimize the risk of transmission in the workplace; and
    • implementing any other requirements established by the governor or a federal or state agency.
  • March 9, 2021: Governor Hogan announces that beginning March 12, 2021:
    • all capacity limits will be lifted for restaurants, retail businesses, and personal services;
    • large indoor and outdoor venues may operate at 50% capacity;
    • out-of-state travel restrictions will be lifted; and
    • the statewide masking order remains in effect.
For the latest Maryland information and resources on COVID-19, see Maryland Department of Health, COVID-19.
For Maryland COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Maryland.

Massachusetts

  • September 12, 2023: Massachusetts Department of Public Health issues updated COVID-19 vaccine guidance rescinding the vaccine requirement for home health agencies and continuous skilled nurses.
  • May 11, 2023: Massachusetts Human Resources Division rescinds the COVID-19 vaccination requirement for executive employees.
  • May 11, 2023: Boston ends its COVID-19 vaccine mandate for city employees.
  • March 30, 2023: Massachusetts Supreme Judicial Court upholds Boston's amendment to its vaccine mandate for city employees, which removed testing as an alternative to vaccination (Boston Firefighters Union, Local 718, Int'l Ass'n of Fire Fighters, AFL-CIO v. City of Boston, 205 N.E.3d 282 (Mass. 2023)).
  • May 11, 2022: Worcester City Manager Edward Augustus, Jr. issues order rescinding the COVID-19 vaccination employees for all city employees.
  • March 1, 2022: Boston Mayor announces that the indoor mask mandate will be lifted effective March 5, 2022.
  • February 28, 2022: Massachusetts Department of Unemployment announces that the COVID-19 Temporary Emergency Paid Sick Leave program will end on March 15, 2022. Employers may continue to seek reimbursement for costs of leave taken between May 28, 2021 and March 15, 2022, but must submit reimbursement applications by April 29, 2022.
  • February 18, 2022: Boston Mayor Michelle Wu announces that the B Together policy requiring proof of vaccination to enter certain indoor establishments will be lifted effective immediately.
  • December 20, 2021: Boston Mayor Wu announces B Together policy, which requires all patrons in certain indoor spaces, including indoor dining, fitness and entertainment establishments, to provide proof of vaccination before entering the premises according to the following timeline:
    • persons age 12 and over must provide proof of at least one vaccine dose by January 15, 2022 and full vaccination by February 15, 2022; and
    • persons age 5-11 must provide proof of at least one vaccine dose by March 1, 2022 and full vaccination by May 1, 2022.
  • December 20, 2021: Boston Mayor Wu announces that the testing option for city employees will be removed and that all city employees must provide proof of COVID-19 vaccination unless granted a reasonable accommodation for medical or religious reasons. Boston city employees must provide proof of receiving:
    • the first dose of the COVID-19 vaccine by January 15, 2022; and
    • the second dose of the COVID-19 vaccine by February 15, 2022.
  • December 10, 2021: Massachusetts Attorney General's Fair Labor Division issues COVID-19 FAQs which, among other things, provide that employers do not need to cover the costs of:
    • COVID-19 testing for employees who choose to test rather than comply with an employer's vaccination policy, provided that the employer does not mandate when, where, and how the employee obtains the test; and
    • face coverings for employees who choose to test and wear face coverings rather than comply with an employer's vaccination policy, provided that the employer does not mandate a specific type with special features (such as a logo or respirator).
  • September 29, 2021: Governor Charlie Baker signs HB 4127, which:
    • extends the COVID-19 Emergency Paid Sick Leave law until April 1, 2022 or the exhaustion of $75 million in program funds; and
    • provides that employees may also use leave to care for a family member who needs to obtain or recover from a COVID-19 immunization.
  • August 20, 2021: Boston Public Health Commission issues order requiring all persons age two and over to wear face coverings in indoor public places beginning August 27, 2021.
  • August 19, 2021: Governor Baker issues Executive Order 595, which requires all executive department employees to be fully vaccinated against COVID-19 by October 17, 2021, unless they have a medical or religious exemption. Employees who are not vaccinated or approved for an exemption will be subject to disciplinary action, up to and including termination.
  • August 16, 2021: Acting Boston Mayor Kim Janey announces that all city employees must either provide:
    • proof of full vaccination by October 18, 2021 (and earlier for certain occupations); or
    • a negative COVID-19 test result every week.
  • August 4, 2021: Massachusetts Department of Public Health issues Public Health Emergency Order No. 2021-4 requiring all nursing home employees to be fully vaccinated against COVID-19 by October 10, 2021.
  • May 28, 2021: Governor Baker announces that most COVID-19 restrictions will be lifted May 29, 2021 and the COVID-19 state of emergency will terminate June 15, 2021.
  • May 28, 2021: Governor Baker signs COVID-19 Emergency Paid Sick Leave Law (HB 3702) which, from May 28 through September 30, 2021, requires all employers to provide up to 40 hours of paid leave (and maximum of $850 per week) to employees who need to:
    • care for themselves or a family member who is self-isolating due to a COVID-19 diagnosis or is seeking a medical diagnosis, care, or treatment due to COVID-19 symptoms;
    • obtain the COVID-19 vaccine or recover from an illness or condition related to the vaccine;
    • quarantine or care for a family member who needs to quarantine due to COVID-19 exposure or symptoms; or
    • take time off from work because of a COVID-19 diagnosis that inhibits their ability to telework.
  • May 17, 2021: Governor Baker announces that the statewide face covering order will be rescinded May 29, 2021 and the Department of Health will issue a face covering advisory consistent with the CDC's updated guidance that will require face coverings:
    • on public and private transportation systems; and
    • in healthcare facilities and other settings hosting vulnerable populations.
  • April 27, 2021: Governor Baker announces that effective:
    • May 10, 2021, indoor and outdoor stadiums may increase capacity from 12% to 25%;
    • May 10, 2021, amusement parks, theme parks, and outdoor water parks may operate at 50% capacity;
    • May 29, 2021, other industries in Step 2 of Phase IV may reopen subject to restrictions; and
    • August 1, 2021, all remaining industries will be permitted to reopen and industry restrictions and capacity limitations will be lifted.
  • March 18, 2021: Governor Baker announces that beginning March 22, 2021:
    • the state will move to Step 1 of Phase IV, which allows large capacity sports and entertainment venues to open at 12% capacity; and
    • the travel order requiring all persons entering the state to quarantine will be lifted.
  • February 25, 2021: Governor Baker announces that the state will move to Step 2 of Phase III beginning March 1, 2021, which will allow:
    • indoor performance venues to reopen at 50% capacity (capped at 500 persons):
    • all other businesses with capacity limits to open at 50% capacity (excluding employees); and
    • restaurants to fully open without capacity restrictions, provided that six feet of distancing and per-table limitations are maintained.
  • January 29, 2021: Massachusetts Office of Health and Human Services issues vaccination guidance detailing two options for employers who wish to have their employees vaccinated. According to the guidance, employers may either:
    • partner with a vaccine provider, such as an occupational health organization, pharmacy, or other health care organization that is enrolled in the Massachusetts COVID-19 Vaccine program (MCVP); or
    • administer the vaccine themselves if they have an occupational health department that registers with the MCVP program and meets all of the specified requirements.
For Massachusetts COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Massachusetts.

Michigan

  • July 20, 2022: Governor Gretchen Whitmer signs HB 3783 (2022-23 Appropriations Bill) which, among other things:
    • prohibits state agencies, except for healthcare facilities, from implementing COVID-19 vaccine mandates for employees;
    • prohibits state agencies from taking any negative employment consequence or retaliating against any individual because of their vaccine status; and
    • requires state agencies subject to a federal vaccine mandate to provide exemptions to individuals who provide physician certification that the COVID-19 vaccine may be detrimental to their health or who provides a written statement opposing the COVID-19 vaccine due to religious convictions.
  • September 29, 2021: Governor Gretchen Whitmer signs SB 82 (2022 Appropriations Bill) which, among other things:
    • prohibits state agencies, except for healthcare facilities, from implementing COVID-19 vaccine mandates for employees;
    • prohibits state agencies from taking any negative employment consequence or retaliating against any individual because of their vaccine status; and
    • requires state agencies subject to a federal vaccine mandate to provide exemptions to individuals who provide physician certification that the COVID-19 vaccine may be detrimental to their health or who provides a written statement opposing the COVID-19 vaccine due to religious convictions.
  • June 22, 2021: Michigan Occupational Safety and Health Administration (MIOSHA) issues updated COVID-19 Emergency Rules, rescinding its May 2021 emergency rules. The updated rules no longer require non-healthcare entities to implement specific COVID-19 response plans and adopts the federal OSHA requirements for healthcare entities.
  • June 17, 2021: Director of Michigan Department of Health and Human Services (DHHS) Elizabeth Hertel issues Rescission of Emergency Orders which, effective June 22, 2021, rescinds the Gatherings and Face Mask Order and allows the state to reopen at 100% capacity.
  • May 23, 2021: MIOSHA revises its updated COVID-19 Emergency Rules, which are in effect until October 14, 2021. The updated rules modify the previous rules by:
    • no longer requiring employers' written COVID-19 response plans to categorize job tasks into different risk categories;
    • allowing employees to share phones, desks, office, tools, and equipment;
    • no longer requiring employers to conduct employee temperature screenings;
    • no longer requiring employers to immediately report positive COVID-19 cases to the local health department;
    • no longer requiring fully vaccinated employees to wear face coverings and socially distance in the workplace, provided they keep records of employees' vaccination status;
    • requiring employers to post signs in the workplace reminding unvaccinated employees to wear face coverings and maintain social distance from others; and
    • eliminating industry-specific requirements.
  • May 15, 2021: MIOSHA updates Gatherings and Face Mask Order which, among other things, removes the mask requirement for:
    • all individuals at outdoor gatherings; and
    • fully vaccinated individuals at indoor and outdoor gatherings.
  • April 29, 2021: Governor Whitmer announces the MI Vacc to Normal plan that uses vaccination-based milestones to reopen businesses and:
    • allows in-person work for all business sectors after two weeks of 55% of residents receiving their first dose;
    • increases capacity at gyms and lifts the restaurant and bar curfew after two weeks of 60% of residents receiving their first dose;
    • lifts all indoor capacity limits after two weeks of 65% of residents receiving their first dose; and
    • lifts the gatherings and face mask order after two weeks of 70% of residents receiving their first dose.
  • April 10, 2021: Governor Whitmer extends MIOSHA's October 14, 2020 COVID-19 Emergency Rules until October 14, 2021.
  • March 2, 2021: Director of Michigan DHHS Elizabeth Hertel issues gatherings and face mask order which, among other things:
    • continues to require face masks to be worn for gatherings of any kind, including businesses, offices, and transportation providers;
    • allows restaurants to increase capacity to 50% and remain open until 11pm; and
    • allows retail businesses, libraries, and museums to increase capacity to 50%.
For the latest Michigan information and resources on COVID-19, see Michigan, Coronavirus.
For Michigan COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Michigan.

Minnesota

  • October 7, 2022: St. Paul Mayor Melvin Carter lifts the COVID-19 vaccine policy for city employees effective immediately and announces that:
    • COVID-19 testing costs will no longer be reimbursed; and
    • city employees can continue to use emergency pandemic leave to get vaccinated through December 31, 2022.
  • September 14, 2022: Minneapolis Mayor Jacob Frey adopts new COVID-19 policy that resinds the requirement for city employees to show proof of COVID-19 vaccination or submit to regular testing.
  • May 24, 2022: Minnesota's COVID-19 vaccine requirement for state agency employees expires.
  • April 29, 2022: Governor Tim Walz signs Frontline Worker Payments (SF 2677), which allows certain frontline workers who worked at least 120 hours between March 15, 2020 and June 30, 2021 to apply for Frontline Worker Pay. Once the online application system is open, eligible workers will have 45 days to apply through the website. More information is available on this fact sheet and FAQs.
  • February 24, 2022: Mayors of Minneapolis and St. Paul issue orders lifting the indoor mask mandates.
  • February 10, 2022: Mayors of Minneapolis and St. Paul issue Emergency Regulations rescinding the vaccination or testing requirements to enter places of public accommodation where food or drink is served.
  • February 4, 2022: Governor Walz signs HF 1203, which reinstates presumptive eligibility for workers' compensation benefits for frontline workers who contract COVID-19 on the job through January 13, 2023.
  • January 14, 2022: Mayors of Minneapolis and St. Paul both issue Emergency Regulation 2022-5, which amends Emergency Regulation 2022-4 to no longer require employers of businesses that are public accommodation spaces to comply with the OSHA ETS vaccination or testing requirement.
  • January 13, 2022: City of Duluth Mayor Emily Larson issues proclamation which, until February 12, 2022, requires all individuals age five and older to wear face coverings in all indoor spaces of public accommodation.
  • January 13, 2022: Minnesota OSHA announces that in light of the US Supreme Court stay of the federal OSHA Vaccination and Testing ETS, it will suspend enforcement of the rule.
  • January 12, 2022: Mayors of Minneapolis and St. Paul both issue Emergency Regulations 2022-4 which require:
    • all employers of businesses that are public accommodation spaces to comply with the OSHA ETS and ensure that all employees either provide proof of COVID-19 vaccination or submit to weekly testing;
    • effective January 19, 2022, all persons to provide either proof of COVID-19 vaccination or a negative COVID-19 test before entering establishments where food and drinks are served; and
    • effective January 26, 2022, all persons to provide either proof of COVID-19 vaccination or a negative COVID-19 test before entering a ticketed event at a public accommodation space where eating and drinking will take place.
  • January 5, 2022: Minneapolis Mayor Frey issues Emergency Regulation 2022-01, which requires all persons over the age of two to wear masks in all indoor spaces of public accommodation, regardless of vaccination status.
  • January 5, 2022: St. Paul Mayor Melvin Carter issues Emergency Executive Order 2022-3, which requires all persons except young children to wear masks in all indoor city-controlled property and inside all businesses licensed by the city.
  • January 3, 2022: Minnesota OSHA adopts the federal OSHA Vaccination and Testing Emergency Temporary Standard and notes that it will follow federal OSHA's timeline regarding compliance and enforcement.
  • October 21, 2021: St. Paul Mayor Carter announces that all city employees must be fully vaccinated by December 31, 2021 unless they qualify for an accommodation or a religious exemption.
    • December 23, 2021: City of St. Paul announces that it will postpone enforcement of the vaccine requirement in light of ongoing lawsuits from three city unions.
  • September 8, 2021: Minneapolis Mayor Frey adopts COVID-19 Testing and Proof of Vaccination Policy, which requires all city employees to either become fully vaccinated against COVID-19 or submit to regular testing.
  • August 17, 2021: Hennepin County Board adopts Board Resolution No. 21-0333, which requires all county employees to either:
    • provide proof of vaccination by October 1, 2021; or
    • submit to regular COVID-19 testing and any other alternative infection control measures deemed necessary by the county.
    • October 7, 2021: The county vaccine requirement is extended to contractors whose employees or subcontractors perform services indoors in county facilities.
  • August 11, 2021: Governor Walz announces that all state agency employees working in person must become fully vaccinated by September 8, 2021 or submit to COVID-19 testing at least once per week. The Department of Management and Budget has issued guidance to agency staff regarding the directive that includes employee forms to consent to testing and attest to their vaccination status.
  • August 3, 2021: St. Paul Mayor Melvin Carter issues Executive Order 2021-33, which requires all persons to wear face coverings indoors at city-controlled property, regardless of vaccination status.
  • June 2, 2021: St. Paul Mayor Carter issues Executive Order 2021-25, which rescinds the city's face covering requirement.
  • June 1, 2021: Minneapolis Mayor Jacob Frey issues Emergency Regulation 2021-3, which rescinds the city's face covering requirement.
  • May 14, 2021: St. Paul Mayor Carter issues Executive Order 2021-21, which requires:
    • all persons to wear a face covering indoors when at least six feet of distance cannot be maintained; and
    • businesses licensed by the city to ensure that all individuals wear a face covering indoors.
  • May 14, 2021: Governor Tim Walz signs Executive Order 21-23, which rescinds the statewide face covering requirement, but allows cities and other political subdivisions to implement their own restrictions that are more protective of the public health.
  • May 6, 2021: Governor Walz signs Executive Order 21-21 which, among other things:
    • removes capacity limits for outdoor dining, events, and gatherings beginning May 7, 2021;
    • eliminates the mandatory closing time for restaurants, bars, and other food and beverage service establishments beginning May 7, 2021;
    • removes all capacity and distancing limits beginning May 28, 2021;
    • eliminates the outdoor face covering requirement except for events that exceed 500 people beginning May 28, 2021; and
    • removes the remaining face covering and business preparedness plans beginning July 1, 2021.
  • March 12, 2021: Governor Walz signs Executive Order 21-11 which, among other things, allows:
    • restaurants and bars to increase capacity to 75%;
    • salons and barbershops to increase capacity to 100%;
    • gyms, fitness centers, and pools to increase capacity to 50%; and
    • entertainment venues to increase capacity to 50%.
  • February 12, 2021: Governor Walz signs Executive Order 21-07 which modifies Executive Order 21-01 to allow:
    • restaurants to stay open until 11pm;
    • indoor dining at bars and restaurants increase maximum capacity to 250 persons;
    • gyms to increase maximum capacity to 250 persons; and
    • indoor events and entertainment facilities to increase maximum capacity to 250 persons.
  • January 6, 2021: Governor Walz signs Executive Order 21-01 which, among other things:
    • continues to require all persons over the age of five to wear face coverings in indoor businesses and indoor public settings and when riding public transportation;
    • allows indoor dining at bars and restaurants to resume at 50% capacity, not to exceed 150 people;
    • allows gyms to increase maximum capacity to 150 persons; and
    • allows indoor events and entertainment facilities to open at 25% capacity, not to exceed 150 people.
For Minnesota COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Minnesota.

Mississippi

  • April 21, 2022: Governor Tate Reeves signs HB 1509 which, among other things, prohibits:
    • public and private employers from requiring employees to receive a COVID-19 vaccine if they have a sincerely held religious objection; and
    • state agencies, public officials, state institutions for higher learning, public colleges, counties, and municipalities from denying employment to or discriminating against a person based on their COVID-19 vaccination status.
  • September 16, 2021: City of Jackson Mayor Chokwe Lumumba issues amended Executive Order extending the deadline for city employees to be vaccinated to October 15, 2021.
  • August 23, 2021: City of Jackson Mayor Lumumba issues amended Executive Order to require all city contractors and subcontractors to either:
    • provide proof of vaccination by August 31, 2021; or
    • submit to weekly testing at their own cost and wear face coverings at all times in the workplace.
  • August 11, 2021: City of Jackson Mayor Lumumba issues Executive Order requiring all city employees to either:
    • provide proof of vaccination by August 31, 2021; or
    • submit to weekly testing at their own cost and wear face coverings at all times in the workplace.
  • May 10, 2021: City of Jackson Mayor Lumumba issues Executive Order requiring all persons over the age of two to wear face coverings in all public places (indoor and outdoor) and at work when unable to maintain a six-foot social distance.
  • March 2, 2021: Governor Tate Reeves signs Executive Order 1549, which rescinds the statewide face covering order.
For the latest Mississippi information and resources on COVID-19, see Mississippi Department of Employment Security: Resources for Workers and Businesses on COVID-19.
For Mississippi COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Mississippi.

Missouri

  • February 28, 2022: St. Louis County Department of Health issues order rescinding the face covering order.
  • January 5, 2022: St. Louis County Department of Health issues another face covering order requiring all persons age five and over to wear face coverings in indoor and enclosed public buildings and spaces and public transportation vessels.
  • December 9, 2021: St. Louis County Department of Health rescinds face covering order after the Circuit Court of Cole County determined that it is unconstitutional for local health departments to issue discretionary orders outside of the state Administrative Procedure Act (Shannon Robinson et al. v. Mo. Dep't of Health & Senior Servs., No. 20AC-CC00515 (Cir. Ct. Cole Cty. Nov. 22, 2021)).
  • November 23, 2021: City of St. Louis Commissioner of Health Frederick Echols issues Commissioner's Order No. 5, which requires all persons age five and over, regardless of vaccination status, to wear face coverings while indoor and enclosed public buildings, spaces, and transportation vessels.
    • December 6, 2021: City of St. Louis Department of Health announces that it will continue to enforce its face covering mandate despite the Cole County Circuit Court decision in Shannon Robinson et al v. Mo. Dep't of Health & Senior Servs., No. 20AC-CC00515 (Cir. Ct. Cole Cty. Nov. 22, 2021)).
  • October 28, 2021: Governor Mike Parson issues Executive Order 21-10, which:
    • directs all executive branch agencies, boards, commissions, and other entities to fully and timely cooperate with the state attorney general regarding any litigation opposing any federal COVID-19 vaccine mandate;
    • prohibits all executive agencies, boards, commissions, and other entities from compelling any individual to receive the COVID-19 vaccine if they object due to sincerely held religious beliefs or medical reasons;
    • prohibits all executive agencies, boards, commissions, and other entities from imposing any penalty on an individual or business for non-compliance with any federal COVID-19 vaccine mandate if the non-compliance is based on a sincerely held religious belief or medical reasons.
  • September 15, 2021: St. Louis County Council passes ordinance which, effective October 1, 2021, requires all county employees to either:
    • become fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing and wear a face covering when inside any building owned or operated by the county.
  • August 18, 2021: City of St. Louis Mayor Tishaura Jones announces that, effective October 15, 2021, all city employees must either:
    • be fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing by the City Department of Health.
  • August 2, 2021: Kansas City issues order, effective until August 28, 2021, requiring all individuals age five and over to wear face coverings in all indoor public spaces where six feet of distance cannot be maintained.
  • July 26, 2021: City of St. Louis Health Commissioner issues Order No. 1 requiring all individuals age five and older to wear face coverings in indoor and enclosed public buildings and spaces, regardless of vaccination status, for the next 30 days.
  • July 26, 2021: St. Louis County Department of Public Health issues order requiring all individuals age five and older to wear face coverings in indoor and enclosed public buildings and spaces, regardless of vaccination status.
  • July 7, 2021: Governor Mike Parson signs SB 51 which, effective August 28, 2021, provides immunity from civil liability to individuals, businesses, and other entities for damages relating to COVID-19 exposure unless the plaintiff can prove:
    • reckless and willful misconduct that caused an actual COVID-19 exposure; and
    • the actual exposure caused personal injury to the plaintiff.
  • June 15, 2021: Governor Parson signs HB 271 which, among other things:
    • prohibits county or municipal governments from requiring proof of COVID-19 vaccination status to access public services; and
    • limits public health orders restricting access to businesses, churches, schools, and other places of assembly to 30 calendar days in a 180-day period.
  • May 14, 2021: City of St. Louis Health Commissioner issues Order No. 18, which rescinds all prior COVID-19 health orders and requires all individuals and businesses to comply with CDC guidance.
  • May 14, 2021: St. Louis County Department of Public Health issues order rescinding the Reopen STL Order, including the county-wide mask mandate.
  • May 14, 2021: Kansas City Mayor Quinton Lucas rescinds emergency COVID-19 order, including the mask mandate.
For the latest Missouri information and resources on COVID-19, see Missouri Department of Health & Senior Services, COVID-19 Resources for Businesses.
For Missouri COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Missouri.

Montana

  • December 9, 2022: US District Court for the District of Montana permanently enjoins enforcement of HB 702 (Mont. Code Ann. § 49-2-312) in healthcare settings, finding that the prohibited discrimination based on vaccination status is preempted by federal law and unconstitutional as applied to healthcare settings (Montana Med. Ass'n v. Knudsen, (D. Mont. Dec. 9, 2022)).
  • November 16, 2021: Governor Greg Gianforte reaffirms Montana law banning COVID-19 vaccination mandates, stating that "no employer in our state should use President Biden's OSHA rule, now halted by a federal court, as a basis for imposing illegal vaccination requirements on employees."
  • July 28, 2021: Montana Department of Labor & Industry releases House Bill 702 FAQs, which clarify that government entities, public accommodations, and employers may:
    • ask individuals about their vaccination status but cannot require them to respond or discriminate against them for not responding;
    • offer vaccine incentives so long as they are not so substantial to be coercive; and
    • not discriminate against unvaccinated individuals by requiring them to wear a mask, but may require everyone to wear a mask as long as reasonable accommodations are allowed for religious beliefs and disabilities.
  • May 7, 2021: Governor Gianforte signs HB 702, which states that a person's vaccination status is a protected category and prohibits employee vaccine mandates. Effective July 1, 2021, it is an unlawful discriminatory practice for:
    • a person or governmental entity to refuse, withhold from, or deny access to services, goods, facilities, educational and employment opportunities, or health care access based on the person's vaccination status;
    • an employer to refuse employment to or discriminate against a person regarding employment terms or condition based on the person's vaccination status; and
    • a public accommodation to exclude, limit, segregate, refuse to serve, or discriminate against a person based on their vaccination status.
  • February 12, 2021: Governor Gianforte issues directive rescinding prior directives related to the stage of emergency, including the statewide mask requirement.
  • February 10, 2021: Governor Gianforte signs SB 65, which provides civil immunity to individuals and businesses from claims related to COVID-19, provided the act or omission did not constitute:
    • gross negligence;
    • willful and wanton misconduct; or
    • intentional tort.
  • January 13, 2021: Governor Gianforte issues directive requiring all persons age five and older to wear face coverings when:
    • in indoor spaces open to the public; and
    • at any organized outdoor activity where social distancing is not possible or observed.
For the latest Montana information and resources on COVID-19, see Montana: Governor's Coronavirus Task Force.
For Montana COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Montana.

Nebraska

  • February 28, 2022: Governor Pete Ricketts signs LB 906, which requires all employers with COVID-19 vaccine mandates to:
    • provide an exemption to any employee who completes an exemption form for medical or religious reasons; and
    • pay for any COVID-19 testing the employer may require for exempt employees.
  • February 18, 2022: Lincoln-Lancaster County Health Department announces that the indoor mask requirement will end immediately and not on February 25, 2022.
  • February 8, 2022: Lincoln-Lancaster County Health Department announces that Directed Health Measure 2021-27, which requires all individuals age two and over to wear face coverings in indoor public settings, will be extended through February 25, 2022.
  • January 14, 2022: Lincoln-Lancaster County Health Department issues Directed Health Measure 2021-27 which, effective until February 11, 2022, requires all individuals age two and over to wear face coverings in all indoor public settings unless they can maintain six feet of distance at all times.
  • January 11, 2022: City of Omaha Health Director issues mask mandate, which requires all individuals age five and older to wear a mask in all indoor places open to the public unless they remain at least six feet away from other individuals.
    • January 13, 2022: Nebraska Attorney General Doug Peterson files lawsuit to stop enforcement of the Omaha mask mandate, alleging that the mandate exceeds the Health Director's authority and conflicts with applicable state law.
    • January 25, 2022: Douglas County District Court denies request for injunction against the Health Director's mask mandate.
  • November 23, 2021: Lincoln-Lancaster County Health Department issues Directed Health Measure 2021-26 which, effective until December 23, 2021, requires all individuals age two and over to wear face coverings in all indoor public settings, regardless of vaccination status.
  • October 29, 2021: Governor Ricketts issues Executive Order 21-16, which:
    • prohibits all cabinet executive branch agencies from requiring any person to receive the COVID-19 vaccination; and
    • directs all cabinet executive branch agencies to immediately notify the governor's office if any federal agency attempts to require a COVID-19 vaccination mandate.
  • June 28, 2021: Governor Ricketts announces that the COVID-19 state of emergency will end June 30, 2021.
  • May 24, 2021: Nebraska Department of Health and Human Services announces that all COVID-19 Directed Health Measures expire May 24, 2021.
  • March 31, 2021: Governor Ricketts issues statement that Nebraska will not participate in any vaccine passport program because it violates freedom of movement and healthcare privacy.
  • January 29, 2021: Governor Ricketts announces that the state is moving from the blue to the green phase, which increases capacity for indoor gatherings from 75% to 100%. The updated Directed Health Measures also state that people do not need to quarantine after a close contact if they have either:
    • received both doses of the COVID-19 vaccine; or
    • recovered from COVID-19 in the past three months.
For the latest Nebraska information and resources on COVID-19, see COVID-19 Nebraska Guidance Documents and Nebraska: Coronavirus Disease (COVID-19).
For Nebraska COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Nebraska.

Nevada

  • June 30, 2022: Nevada Board of Regents votes to repeal the COVID-19 vaccine requirement for all Nevada System of Higher Education (NSHE) employees.
  • March 22, 2022: Governor Steve Sisolak issues memorandum rescinding the state employee COVID-19 vaccination or testing policy.
  • February 10, 2022: Governor Sisolak announces that the statewide indoor mask mandate is lifted effective immediately.
  • January 14, 2022: Nevada OSHA issues updated COVID-19 enforcement guidance stating that it will not take any action regarding the OSHA Vaccination and Testing Emergency Temporary Standard in light of the US Supreme Court injunction.
  • December 30, 2021: NSHE maintains COVID-19 Vaccine Requirement, stating that any NSHE employee who is not vaccinated and does not have an approved exemption will be terminated effective December 31, 2021.
  • December 27, 2021: Nevada OSHA issues COVID-19 enforcement update regarding the federal OSHA Vaccination and Testing Emergency Temporary Standard stating that it:
    • must respond to federal OSHA with an intent to adopt the ETS by January 7, 2022;
    • must adopt the ETS by January 24, 2022; and
    • will exercise enforcement discretion for noncompliance with the ETS for 30 days following adoption.
  • December 21, 2021: Nevada Health Response announces that the Nevada Legislative Commission declined to extend the vaccine requirement for state employees working in institutions for vulnerable institutions.
  • September 30, 2021: Nevada System of Higher Education (NSHE) approves COVID-19 Vaccine Requirement, which requires all NHSE employees to be fully vaccinated against COVID-19 by December 1, 2021, unless they are granted a medical or religious waiver.
  • September 14, 2021: Governor Sisolak signs Nevada State Board of Health's Emergency Regulation that requires all state employees working in institutions for vulnerable individuals (as defined) to become fully vaccinated against COVID-19 by November 1, 2021 unless they receive an approved religious or medical accommodation.
  • August 16, 2021: Governor Sisolak issues Emergency Directive 049, which allows fully vaccinated attendees and employees to remove their masks at large indoor events in counties with "substantial" or "high" transmission rates if:
    • the event is at a venue with a fixed seating capacity of 4,000 or greater;
    • the event is for a discrete period of time;
    • the event is only open to those holding tickets or registration;
    • the event operator has a method of distinguishing between vaccinated and unvaccinated attendees; and
    • all unvaccinated or partially vaccinated attendees continue to wear masks.
  • July 30, 2021: Governor Sisolak issues memorandum requiring all state employees to:
    • wear a mask while on duty, except when outdoors and physically distanced from others, alone in a closed office or vehicle, working remotely, or in a county with low to moderate transmission rates; and
    • submit to weekly COVID-19 testing beginning August 15, 2021 if not fully vaccinated.
  • July 27, 2021: Governor Sisolak issues Emergency Directive 047, which requires all individuals over the age of two, regardless of vaccination status, to wear masks in indoor public in counties with "substantial" or "high" transmission rates.
  • June 9, 2021: Governor Sisolak signs SB 209, which requires all private employers with 50 or more employees to provide up to four hours of paid leave for employees to receive the COVID-19 vaccine.
  • June 8, 2021: Governor Sisolak signs Nevada Hospitality and Travel Workers Right to Return Act (SB 386) which, effective July 1, 2021, requires certain casino, hospitality, stadium, and travel-related employers to, among other things:
    • recall employees laid off or furloughed after March 12, 2020 to available positions to which they are qualified with at least 24 hours to accept the position;
    • provide written notice within 30 days to laid-off employees who are not chosen for recall that lists all of the reasons for the employer's decision;
    • provide written notice to employees who will be laid off and a summary of their rights to reemployment under the Act;
    • retain records for at least two years after the layoff notice is provided to employees; and
    • refrain from taking any adverse action against a person enforcing their rights under the Act.
  • May 3, 2021: Governor Sisolak issues Emergency Directive 45, which updates the face covering requirements to align with the current CDC guidance.
  • April 13, 2021: Governor Sisolak announces that the statewide social distancing mandate will be removed on May 1, 2021 and that businesses are expected to reopen at 100% capacity on June 1, 2021.
  • February 11, 2021: Governor Sisolak announces the easing of COVID-19 mitigation measures beginning February 15, 2021, which will allow:
    • food and beverage establishments, gyms, fitness studios, gaming floors, and indoor recreational activities to increase capacity to 35%;
    • libraries, museums, aquariums, zoos, retail stores, and community recreational centers to increase capacity to 50%; and
    • public gatherings to increase to 100 individuals or 35% fire code capacity, with strict social distancing requirements in place.
For Nevada COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Nevada.

New Jersey

  • June 12, 2023: Governor Phil Murphy issues Executive Order 332, which rescinds the COVID-19 vaccination requirements for health care settings.
  • April 3, 2023: Governor Murphy issues Executive Order 325, which rescinds the COVID-19 vaccination requirements for high-risk congregate settings.
  • August 15, 2022: Governor Murphy issues Executive Order 302, which rescinds the COVID-19 testing requirement for all unvaccinated child care facility employees, preschool to grade 12 school personnel, and state contractors. The vaccine or testing mandate for state employees will be lifted on September 1, 2022.
  • March 2, 2022: Newark Mayor Ras Baraka issues Executive Order MEO-22-0003, which resinds the vaccination for indoor establishments.
  • February 1, 2022: Newark Mayor Baraka issues Executive Order MEO-22-0001 extending the vaccination requirement for indoor establishments until February 16, 2022.
  • January 19, 2022: Governor Murphy issues Executive Order 283, which eliminates the weekly COVID-19 testing alternative for workers in health care facilities and high-risk congregate settings and requires them to be fully vaccinated, including a booster shot, unless they receive a medical or religious exemption.
  • December 27, 2021: Newark Mayor Baraka issues Executive Order MEO-21-0010 which, effective January 10, 2022, requires all guests, visitors, and customers over five years of age to provide proof of COVID-19 vaccination before entering:
    • restaurants, bars, and other dine-in establishments;
    • indoor entertainment establishments;
    • indoor exercise and recreational establishments;
    • indoor event and meeting establishments; and
    • indoor spaces in public office buildings that are open to the public.
  • October 20, 2021: Governor Murphy issues Executive Order 271, which requires new and potential state contractors to demonstrate that all employees who enter, work at, or provide services in any state agency are fully vaccinated or subject to weekly COVID-19 testing.
  • September 20, 2021: Governor Murphy issues Executive Order 264, which requires all employees of child care centers and child care facilities to either:
    • become fully vaccinated by November 1, 2021; or
    • submit to once or twice weekly COVID-19 testing.
  • August 23, 2021: Governor Murphy issues Executive Order 253, which requires all preschool to grade 12 school personnel to either:
    • become fully vaccinated against COVID-19 by October 18, 2021; or
    • submit to once or twice weekly COVID-19 testing.
  • August 10, 2021: Newark Mayor Baraka issues Executive Order MEO 21-0008 requiring all city employees to be fully vaccinated against COVID-19 by August 16, 2021 unless they receive an exemption for medical and religious reasons.
    • September 27, 2021: New Jersey Superior Court, Appellate Division upholds the city employee vaccine mandate, rejecting arguments that the Mayor was required to negotiate with the city unions before implementing the mandate (In re City of Newark, No. A-0146-21 (N.J. Super. Ct. App. Div. Sept. 27, 2021)).
  • August 6, 2021: Governor Murphy issues Executive Order 252, which requires workers in health care facilities and high-risk congregate settings to either:
    • become fully vaccinated by September 7, 2021; or
    • submit to once or twice weekly COVID-19 testing.
  • June 4, 2021: Governor Murphy issues Executive Order 244, which ends the COVID-19 public health emergency and extends all orders, directives, and waivers relying on the existence of the public health emergency, including orders that govern vaccinations and testing, until January 11, 2022..
  • May 26, 2021: Governor Murphy signs Executive Order 243 which, effective June 4, 2021, allows employers in non-public workplaces to:
    • permit fully vaccinated employees to enter the worksite without masks and social distancing, provided that they determine each employee's vaccination status; and
    • permit customers and visitors to enter the worksite without masks and social distancing regardless of their vaccination status.
  • May 24, 2021: Governor Murphy signs Executive Order 242 which, effective May 28, 2021:
    • removes the mask requirement for indoor places open to the public;
    • requires individuals to continue to wear masks in indoor workplaces that are not open to the public;
    • removes the capacity limits for food and beverage establishments; and
    • allows retail establishments, personal care services, gyms and fitness centers, recreational and entertainment businesses, casinos, and race tracks to operate at 100% capacity.
  • May 3, 2021: Governor Murphy announces that beginning May 19, 2021:
    • most business restrictions will be lifted, provided that patrons can maintain six feet of social distance;
    • large-scale indoor venue capacity may increase to 30%; and
    • large-scale outdoor venue capacity may increase to 33%.
  • April 26, 2021: Governor Murphy announces that beginning May 10, 2021:
    • large outdoor venues of 1,000 or more seats may increase capacity to 50%; and
    • indoor events may increase capacity to 50% or a maximum of 250 people.
  • April 5, 2021: Governor Murphy announces updated COVID-19 travel guidelines, which state that:
    • fully vaccinated, international travelers should test three to five days after travel and do not have to quarantine;
    • fully vaccinated, domestic travelers do not need to quarantine or test after travel;
    • travelers who recovered from COVID-19 in the past three months do not need to quarantine or test after travel; and
    • unvaccinated travelers should get tested one to three days before travel, get tested three to five days after travel, and self-quarantine for seven days after travel (even if test is negative) or ten days after travel if not tested.
  • March 29, 2021: New Jersey Department of Labor & Workforce Development issues employer guidance regarding employee COVID-19 vaccinations, which provides that employers may require their employees to be vaccinated before returning to the workplace unless:
    • they have a disability that precludes them from getting the vaccine;
    • their doctor has advised them not to get the vaccine while pregnant or breastfeeding; or
    • they have a sincerely held religious belief, practice, or observance.
  • March 11, 2021: Governor Murphy announces that beginning March 19, 2021, the following businesses may increase capacity to 50%:
    • indoor dining at restaurants, cafeterias, food courts, and bars;
    • indoor recreation, amusement, and entertainment businesses; and
    • personal care services.
  • February 22, 2021: Governor Murphy signs Executive Order 225 which, among other things, allows sports and entertainment venues with fixed seating capacity of 5,000 or greater to allow:
    • 10% of the stated capacity in indoor areas; and
    • 15% of the stated capacity in outdoor areas.
  • February 3, 2021: Governor Murphy signs Executive Order 219 which, among other things:
    • increases indoor capacity to 35% for restaurants, bars, and other food establishments, entertainment businesses such as theaters and concert venues, gyms and fitness centers, personal care services, and casinos; and
    • allows restaurants, bars, and other food establishments to resume indoor operations between 10:00pm and 5:00am.
For the latest New Jersey information and resources on COVID-19, see New Jersey, COVID-19 Information Hub, NJDOL: What Employers & Businesses Should Know, and NJDOL: What Employees Should Know.
For New Jersey COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): New Jersey.

New Hampshire

  • July 1, 2022: Governor Christopher Sununu signs HB 1455, which prohibits enforcement of any law that requires an individual, as a condition of employment or any other activity, to provide proof of COVID-19 vaccination or submit to COVID-19 testing.
  • June 24, 2022: Governor Sununu signs HB 1495, which prohibits the state from requiring any business to require proof of COVID-19 vaccination or immunity, except for state agencies certifying a medical provider that is subject to Medicare or Medicaid vaccination requirement.
  • February 23, 2022: Cities of Keene and Nashua rescind face covering ordinances.
  • December 20, 2021: Cities of Keene and Nashua pass ordinances requiring all persons, regardless of vaccination status, to wear face coverings when:
    • working as an employee in a business;
    • entering any indoor business, except when eating or drinking in a food establishment; and
    • entering or inside a common area of a residential or commercial building.
  • July 23, 2021: Governor Sununu signs HB 220, which prohibits vaccine mandates for individuals to secure, receive, or access any public facility, benefit, or service from the state of New Hampshire.
  • June 11, 2021: The statewide declaration of emergency, as extended by Executive Order 2021-10, expires.
  • May 7, 2021: The travel restrictions into New Hampshire, as extended by Emergency Order #90 expire.
  • April 15, 2021: Governor Sununu announces that the statewide mask mandate will expire on April 16, 2021.
For the latest New Hampshire information and resources on COVID-19, see New Hampshire Department of Health and Human Services, COVID-19 Resources for Businesses.
For New Hampshire COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): New Hampshire.

New Mexico

  • September 29, 2023: New Mexico Public Education Department issues back-to-school guidance, noting that the COVID-19 requirements for public schools were rescinded as of March 31, 2023.
  • March 3, 2023: Governor Michelle Lujan Grisham issues Executive Order 2023-036, which extends the COVID-19 public health emergency until March 31, 2023.
  • August 31, 2022: New Mexico State Personnel Office issues guidance on Executive Order 2022-117, which clarifies that state employees are no longer subject to masking, vaccination, or weekly testing requirements except for those working in CMS facilities or state correctional facilities.
  • August 12, 2022: Governor Grisham issues Executive Order 2022-117, which no longer requires state employees to comply with vaccination requirements unless subject to a public health order.
  • June 14, 2022: Tenth Circuit affirms denial of preliminary injunction against New Mexico's vaccine requirement for hospital and congregate care facility workers, finding that the district court did not abuse its discretion in concluding that plaintiff was unlikely to succeed on the merits (Valdez v. Grisham, (10th Cir. June 14, 2022)).
  • February 17, 2022: Governor Michelle Lujan Grisham issues Executive Order 2022-010 extending the requirement that state employees either:
    • become fully vaccinated and receive their booster shot; or
    • provide proof of negative COVID-19 tests on a weekly basis.
  • February 17, 2022: Governor Lujan Grisham announces that the statewide indoor mask mandate is lifted effective immediately.
  • February 4, 2022: New Mexico Department of Health issues public health order extending the face covering requirement in indoor public settings for all individuals age two and over until March 4, 2022.
  • January 7, 2022: New Mexico Department of Health issues public health order extending the face covering requirement in indoor public settings for all individuals age two and over until February 4, 2022.
  • December 21, 2021: US Supreme Court Justice Neil Gorsuch denies request for preliminary injunction against New Mexico's public health order requiring health care workers and penal workers to become fully vaccinated (Valdez v. Lujan Grisham, No. 21A253 (US Dec. 21, 2021)).
  • December 10, 2021: New Mexico Department of Health issues public health order extending the face covering requirement in indoor public settings for all individuals age two and over until January 7, 2022.
  • December 2, 2021: New Mexico Department of Health issues amended public health order that requires:
    • all hospital, congregate care, and state government workers to receive their COVID-19 booster dose by January 17, 2022; and
    • all private, public, and charter school workers to either provide proof of full COVID-19 vaccination and booster dose by January 17, 2022 or submit to weekly COVID-19 testing and wear masks at all times indoors.
  • November 12, 2021: New Mexico Department of Health issues public health order extending the face covering requirement in indoor public settings for all individuals age two and over until December 10, 2021.
  • September 15, 2021: New Mexico Department of Health issues amended public health order, which eliminates the weekly testing requirement for unvaccinated hospital, congregate care, and state government workers and requires them to become fully vaccinated against COVID-19 unless they qualify for a medical or religious exemption.
  • August 17, 2021: New Mexico Department of Health issues public health order requiring all individuals age two and over, regardless of vaccination status, to wear masks in all indoor public settings, except when eating or drinking.
  • August 17, 2021: New Mexico Department of Health issues public health order which, beginning August 23, 2021, requires all school workers and hospital, congregate care, and state government workers to either:
    • become fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing and wear a mask at all times indoors.
    • September 13, 2021: US District Court for the District of New Mexico denies request for a preliminary injunction against the hospital and congregate care facility employee vaccine requirement, finding that plaintiffs failed to meet their burden on any of the necessary factors to obtain a preliminary injunction (Valdez v. Grisham, 55 F. Supp. 3d 1161 (D. N.M. 2021)).
  • July 29, 2021: Governor Lujan Grisham issues Executive Order 2021-045, which requires all state employees who are not fully vaccinated to submit to COVID-19 testing every two weeks and wear face coverings indoors.
  • June 18, 2021: Governor Lujan Grisham announces that all pandemic-related occupancy restrictions will be lifted on July 1, 2021, and the state will follow current CDC guidance regarding wearing masks.
  • May 14, 2021: Governor Lujan Grisham announces that fully vaccinated individuals are no longer required to wear masks in indoor or outdoor settings per CDC guidance.
  • February 10, 2021: Governor Lujan Grisham issues Executive Order 2021-006, which rescinds the requirement that people who travel to New Mexico must quarantine for 14 days upon arrival.
For the latest New Mexico information and resources on COVID-19, see New Mexico Department of Workforce Solutions, Information for Workers Affected by COVID-19.
For New Mexico COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): New Mexico.

New York

  • April 20, 2024: Governor Kathy Hochul signs S.B. 8306 which, among other things, extends paid COVID-19 leave until July 31, 2025.
  • October 4, 2023: New York repeals the health care worker COVID-19 vaccination requirement.
  • May 25, 2023: New York Department of Health announces that it has begun the process of repealing the COVID-19 vaccine requirement for health care workers, noting that facilities should continue implementing their own internal COVID-19 vaccination policies.
  • February 17, 2023: New York State Office of Court Administration updates its COVID-19 Safety and Operational Protocols to no longer require judges and employees to receive the COVID-19 vaccine.
  • February 6, 2023: New York City Mayor Eric Adams announces that the COVID-19 vaccine mandate for city employees and Department of Education employees will be lifted effective February 10, 2023.
  • October 24, 2022: New York Supreme Court strikes down New York City's vaccine mandate for public workers, finding that the decision to continue mandating COVID-19 vaccines for public employers but not private employers was arbitrary and capricious (Garvey et al. v. City of New York, No. 85163/2022 (N.Y. Sup. Ct., Richmond Cty. Oct. 24, 2022)).
  • October 18, 2022: United States Court of Appeals for the Second Circuit determines that COVID-19 leave payments are benefits and not "wages" under New York Labor Law § 191 (Palmer v. Amazon.com, Inc., at *16-17 (2d Cir. Oct. 18, 2022)
  • September 20, 2022: New York City Mayor Adams announces that the COVID-19 vaccine mandate for private employers will be lifted on November 1, 2022.
  • June 28, 2022: Governor Hochul signs AB 9513 extending COVID-19 Vaccination leave through December 31, 2023. Pursuant to New York Labor Law § 196-C, employers must provide employees with up to four hours of paid leave for each COVID-19 vaccine injection.
  • June 15, 2022: New York Office of Court Administration issues updated New York State courthouse mask policy, which provides that judges, employees, attorneys, jurors, and court visitors may bypass health screenings and mask requirements if they submit proof of full vaccination and booster doses within the last year.
  • March 17, 2022: New York Department of Health announces that COVID-19 is no longer designated as an airborne infectious disease presenting a serious risk to the public health under the HERO Act. Effective March 18, 2022, private sector employers are no longer required to implement their workforce safety plans.
  • February 27, 2022: New York City Mayor Adams announces that the Key to NYC vaccination requirements for individuals to enter indoor dining, fitness, and entertainment establishments will be lifted on March 7, 2022.
  • February 18, 2022: New York Department of Health announces that it will not enforce the COVID-19 booster shot requirement for healthcare workers that was scheduled to go into effect February 21, 2022.
  • February 15, 2022: New York Department of Health Commissioner Mary Bassett extends the designation of COVID-19 as an airborne infectious disease until March 17, 2022, requiring all employers to continue implementing their workplace safety plans.
  • February 9, 2022: Governor Kathy Hochul announces that the statewide indoor mask or vaccine requirement for businesses will be lifted on February 10, 2022.
  • January 31, 2022: New York Department of Health Acting Commissioner Mary Bassett extends the indoor masking requirement until February 10, 2022.
  • January 24, 2022: Nassau County Supreme Court determines that the indoor mask mandate is void and unenforceable, stating that Governor Hochul and the Department of Health lacked the authority to issue the mandate absent legislative approval (Demetriou v. N.Y. State Dep't of Health, No. 616124/2021 (N.Y. Sup. Ct. Jan. 24, 2022)).
  • January 13, 2022: New York Department of Health Acting Commissioner Mary Bassett extends the indoor masking requirement until February 1, 2022.
  • January 12, 2022: New York Department of Health provides Affirmations of Isolation and Quarantine Forms for employees to use for COVID-19 leave eligibility or for other proof of quarantine or isolation purposes.
  • January 7, 2022: Governor Hochul announces that all healthcare workers covered under the August 26, 2021 vaccine mandate must also receive a COVID-19 booster shot within two weeks of becoming eligible, absent a valid medical exemption.
  • January 4, 2022: New York Department of Health updates isolation and quarantine guidance that:
    • includes updated isolation and quarantine time periods that align with the latest CDC recommendations; and
    • clarifies that vaccinated individuals who are booster-eligible but have not received their booster dose should quarantine after COVID-19 exposure per CDC recommendations.
  • December 15, 2021: New York City Department of Health issues guidance regarding the workplace vaccination requirement, which requires all New York City workers who perform in-person work or interact with the public to provide proof of at least one COVID-19 vaccine dose by December 27, 2021.
  • December 10, 2021: Governor Hochul announces updated vaccination and mask requirements which, effective December 13, 2021 through January 15, 2022, require all persons age two and over to wear masks in all indoor places unless businesses and venues implement vaccine mandates that require:
    • anyone age 12 and over to be fully vaccinated; and
    • children ages 5 to 11 to provide proof of receiving at least one dose of the COVID-19 vaccine.
  • December 6, 2021: New York City Mayor Bill de Blasio announces that beginning December 27, 2021, private-sector workers will be required to be fully vaccinated against COVID-19. Enforcement and reasonable accommodation guidance will be released on December 15.
  • November 23, 2021: New York City Council passes Int. 2448-2021, which amends the Earned Sick and Safe Time Act to require private employers to provide employees with four hours of paid leave per injection to:
    • accompany their child to receive a COVID-19 vaccine injection; and
    • care for such child who cannot attend school or childcare due to vaccine side effects.
  • October 31, 2021: New York Department of Health extends the designation of COVID-19 as an airborne infectious disease until December 15, 2021, requiring all employers to continue implementing their workplace safety plans.
  • October 20, 2021: New York City Mayor de Blasio announces that all city employees (except certain Department of Correction employees) will be required to:
    • provide proof that they have received at least one dose of the COVID-19 vaccine by October 29, 2021; or
    • be placed on unpaid leave until they provide proof of vaccination to their supervisor.
  • October 5, 2021: New York City Mayor Bill de Blasio signs hotel employee severance pay bill (Int. No. 2397) which, until June 1, 2022, requires certain New York City hotels that closed or laid off over 75% of their employees to provide up to 30 weeks of severance pay to their non-managerial employees in the amount of:
    • for closed hotels, $500 per week for closures between September 6, 2021 and December 19, 2021 and $1,000 per week for closures between December 20, 2021 and April 3, 2022; and
    • for mass layoffs, $500 per week for layoffs between October 4, 2021 and January 16, 2022 and $1,000 per week for layoffs between January 17, 2022 and May 2, 2022.
  • October 5, 2021: Governor Hochul announces that the healthcare worker vaccine mandate will be expanded to include health care employees in facilities served by the Office of Mental Health and the Office for People with Developmental Disabilities. Beginning October 12, 2021, these employees will either be required to:
    • provide proof of at least one dose of the COVID-19 vaccine by November 1, 2021; or
    • submit to weekly testing.
  • September 30, 2021: New York Department of Health extends the designation of COVID-19 as an airborne infectious disease until October 31, 2021, requiring all employers to continue implementing their workplace safety plans.
  • September 16, 2021: New York State Department of Labor (NYSDOL) issues updated Model Airborne Infectious Disease Exposure Prevention Plan, which states that:
    • masks are recommended in workplaces where all individuals are fully vaccinated; and
    • masks are required in all other workplaces in accordance with CDC and New York State Department of Health guidance.
  • September 6, 2021: Governor Hochul announces that the Commissioner of Health has designated COVID-19 an airborne infectious disease under the HERO Act, requiring all employers to implement their workplace safety plans.
  • September 2, 2021: Governor Hochul announces that the Department of Health Commissioner issued a determination requiring all P-12 school employees to either:
    • provide proof of being fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.
  • August 26, 2021: New York Department of Health issues COVID-19 healthcare vaccination requirement which, beginning September 27, 2021, requires all health care workers, including staff at hospitals and long-term care facilities, to be vaccinated against COVID-19 unless they have a medical exemption.
    • September 14, 2021: Northern District of New York issues temporary restraining order preventing the Department of Health from enforcing the health care worker vaccine mandate against individuals who claim religious exemptions (Dr. A et al. v. Hochul, No. 1:21-CV-1009 (N.D.N.Y. Sept. 14, 2021)).
    • October 12, 2021: Northern District of New York grants preliminary injunction preventing the Department of Health from enforcing the health care worker vaccine mandate against individuals who claim religious exemptions (Dr. A et al. v. Hochul, No. 1:21-CV-1009 (N.D.N.Y. Oct. 12, 2021)).
    • November 4, 2021: US Court of Appeals for the Second Circuit vacates the preliminary injunction issued by the Northern District of New York, finding that plaintiffs have not shown a likelihood of success on the merits (We the Patriots USA, Inc. v. Hochul, (2d Cir. Nov. 4, 2021)).
    • November 12, 2021: Second Circuit clarifies prior opinion, stating that an employer may grant religious accommodations that remove employees from the definition of "personnel" under 10 NYCRR 2.61, but may not grant exemptions that allow them to keep working, unvaccinated, in a position that would potentially expose others to COVID-19 (We the Patriots USA, Inc. v. Hochul, (2d Cir. Nov. 12, 2021)).
  • August 23, 2021: New York City Mayor de Blasio announces that NYC will require proof of vaccination (at least one dose) for all New York City Department of Education workers beginning September 27, 2021.
    • September 24, 2021: Second Circuit judge issues temporary injunction preventing the New York City Department of Education from enforcing the vaccination requirement for Department of Education employees.
    • September 27, 2021: Three-judge panel for the Second Circuit dissolves the temporary injunction, allowing the vaccine mandate for education workers to proceed.
    • November 28, 2021: Second Circuit enjoins the New York City Department of Education from terminating 15 teachers and administrators until their requests for religious accommodations are reconsidered by a central citywide panel (Kane et al. v. N.Y.C. Bd of Educ., (2d Cir. Nov. 28, 2021)).
  • August 16, 2021: New York City Mayor Bill de Blasio issues Emergency Executive Order 225 (as amended by Emergency Executive Order 226) detailing the Key to NYC vaccine requirements. All covered entities (indoor entertainment and recreational facilities, food services, and gyms and fitness settings) must:
    • require proof of vaccination and identification before allowing individuals age 12 and over to enter the premises;
    • develop and keep written records describing the protocols for enforcing the order's requirements; and
    • post signs in a conspicuous place alerting patrons to the vaccination requirement and inform them that employees and patrons are required to be vaccinated.
  • August 16, 2021: NYC Mayor de Blasio signs Executive Order 76, amending Executive Order 75 to provide that NYC employees hired with proof of only one dose of a two-dose COVID-19 vaccine must present proof of a second dose within 45 days of hire or be subject to termination.
  • August 16, 2021: Governor Andrew Cuomo announces that beginning September 27, 2021, all health care workers, including staff at hospitals and long-term care facilities, must be vaccinated against COVID-19 unless they have a medical or religious exemption.
  • August 3, 2021: New York City Mayor de Blasio announces Key to NYC Pass, which will be implemented during the week of August 16 and will require workers and customers to be fully vaccinated to attend indoor dining, indoor fitness, and indoor entertainment facilities.
  • August 2, 2021: New York City Mayor de Blasio issues Executive Order 75, requiring all persons newly hired for employment by any New York City agency to provide proof of having received at least one dose of an approved COVID-19 vaccine before beginning employment.
  • July 28, 2021: Governor Andrew Cuomo announces that by Labor Day:
    • all state workers will be required to be vaccinated for COVID-19 or submit to weekly COVID-19 testing; and
    • all patient-facing healthcare workers at state-run hospitals must get vaccinated for COVID-19, as there will be no option for weekly testing.
  • July 26, 2021: New York City Mayor de Blasio announces that beginning September 13, 2021, all city employees must either:
    • provide a one-time verification of COVID-19 vaccination; or
    • submit to weekly COVID-19 testing.
  • July 21, 2021: New York City Mayor de Blasio announces that beginning August 2, 2021, city-run health care employees must either:
    • provide a one-time verification of COVID-19 vaccination; or
    • submit to weekly COVID-19 testing.
  • July 7, 2021: NYSDOL publishes Airborne Infectious Disease Exposure protocols which, under the HERO Act, businesses must adopt or develop a comparable safety plan within 30 days. The newly published protocols include:
  • June 23, 2021: New York State Department of Health issues emergency regulation requiring employees who are not fully vaccinated to wear face coverings:
    • at all times when working in a food service establishment; and
    • when in direct contact with customers or other members of the public when working in other workplaces.
  • June 15, 2021: Governor Andrew Cuomo announces that New York has reached the 70% adult vaccination threshold and lifts COVID-19 restrictions across most commercial settings. The updated New York Forward guidance requires unvaccinated to continue wearing masks.
  • June 11, 2021: Governor Cuomo signs bill amending HERO Act (S.B. 6768) which, among other things, requires:
    • the NYSDOL to issue industry-specific safety standard by July 5, 2021;
    • employers to adopt the NYSDOL standard or create their own airborne disease prevention plan within 30 days of the NYSDOL standard being published;
    • employers to provide either the adopted NYSDOL standard or their own prevention plan to employees within 60 days of the NYSDOL standard being published; and
    • employees to provide employers with 30 days' notice of an alleged violation and precludes them from filing a civil action if the employer corrects the violation.
  • June 8, 2021: New York State Department of Health updates Interim Guidance for Office-Based Work which, among other things:
    • allows employers to perform employee health screenings by posting signage at points of entry, or using email, website, telephone, or electronic survey;
    • does not require fully vaccinated employees to be excluded from the workplace if they were in close contact with a suspected or confirmed COVID-19 case;
    • does not require fully vaccinated employees to wear a mask or maintain social distancing in the workplace; and
    • no longer encourages employers to facilitate remote work.
  • June 7, 2021: Governor Cuomo announces that the New York Forward industry guidance will be optional in most commercial settings once 70% of adult New Yorkers are fully vaccinated. Unvaccinated individuals will still be required to wear masks and maintain proper social distancing.
  • May 17, 2021: Governor Cuomo announces that beginning May 19, 2021:
    • fully vaccinated individuals will not be required to wear masks in public, except as required by individual businesses; and
    • business capacity limits will be removed, provided that six feet of distancing can be maintained when unvaccinated individuals are present.
  • May 5, 2021: Governor Cuomo signs HERO Act (S.B. 1034), which requires the New York State Department of Labor to create, and employers to adopt, a model airborne infectious disease prevention standard that includes procedures for:
    • employee health screenings;
    • face coverings;
    • required personal protective equipment;
    • hand hygiene stations and break times for handwashing;
    • regular cleaning and disinfecting of shared equipment and frequently touched surfaces;
    • effective social distancing;
    • compliance with mandatory or precautionary quarantine or isolation orders;
    • compliance with applicable engineering controls such as air flow and exhaust ventilation;
    • designation of supervisory employees to enforce the standard;
    • notification of potential exposure to airborne infectious disease at the work site; and
    • anti-retaliation requirements.
  • May 3, 2021: Governor Cuomo announces that beginning May 19, 2021:
    • most business restrictions will be lifted, provided that patrons can maintain six feet of social distance;
    • large-scale indoor venue capacity may increase to 30%; and
    • large-scale outdoor venue capacity may increase to 33%.
  • April 30, 2021: Governor Cuomo announces that:
    • indoor dining in New York City may increase to 75% capacity beginning May 7, 2021;
    • hair salons, barber shops, and other personal care services may increase to 75% capacity beginning May 7, 2021; and
    • gyms and fitness centers in New York City may increase to 50% capacity beginning May 15, 2021.
  • April 10, 2021: New York Department of Health updates its travel guidance, removing the quarantine and testing requirements for asymptomatic travelers from another country or another state or territory.
  • April 1, 2021: New York Department of Health updates its interim travel guidance, removing the quarantine and testing requirements for out-of-state travelers.
  • March 21, 2021: New York Department of Labor issues COVID-19 Paid Vaccination Leave guidance, which addresses frequently asked questions regarding the new paid leave law.
  • March 12, 2021: Governor Cuomo signs S2588A, which requires employers to provide employees with up to four hours of paid leave for each COVID-19 vaccine injection they receive.
  • March 11, 2021: Governor Cuomo announces that beginning April 1, 2021, domestic travelers will no longer be required to quarantine after entering New York from another US state or territory.
  • March 10, 2021: Governor Cuomo announces that New York City restaurants can increase indoor dining capacity to 50% beginning March 19, 2021.
  • March 7, 2021: Governor Cuomo announces that restaurants outside of New York City can increase indoor dining capacity to 75% beginning March 19, 2021.
  • March 3, 2021: Governor Cuomo announces that fully vaccinated travelers do not need to quarantine or test out within 90 days of their full vaccination.
  • February 22, 2021: Governor Cuomo announces that the following businesses may reopen on March 5, 2021, provided that they adhere to industry-specific guidance:
    • movie theaters in New York City at 25% capacity; and
    • billiard/pool halls at 50% capacity (35% capacity in New York City).
  • February 12, 2021: Governor Cuomo announces that restaurants and bars may remain open until 11pm beginning February 14, 2021.
  • January 20, 2021: Governor Cuomo issues Guidance on COVID-19 Sick Leave, which states that:
    • employees returning to work following mandatory quarantine or isolation do not need to be tested, except for nursing home staff;
    • employees who continue to test positive after the mandatory quarantine or isolation period are prohibited from returning to work and are entitled to additional sick leave, provided they submit documentation of their positive result;
    • employers who require employees to remain out of work due to COVID-19 exposure must continue to pay the employee their regular rate of pay until the employer permits the employee to return to work or provide them with sick leave if they become subject to a mandatory or precautionary quarantine or isolation order; and
    • employees are not entitled to sick leave for more than three orders of quarantine or isolation.
For more information on guidance from other New York employment agencies, see Article, COVID-19 in the Workplace Under Major Federal and New York Employment Laws.
For the latest New York information and resources on COVID-19, see NYS Department of Health, Novel Coronavirus (COVID-19) and New York, Paid COVID-19 Leave.
For New York COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): New York.

North Carolina

  • February 24, 2022: Raleigh Mayor Mary-Ann Baldwin rescinds the indoor mask mandate effective February 25, 2022.
  • February 16, 2022: Mecklenburg County and City of Charlotte announce that the indoor face covering requirement will end on February 26, 2022.
  • January 4, 2022: Governor Roy Cooper issues Executive Order 244, which:
    • extends the requirement that all state government workers either provide proof of vaccination status or submit to weekly COVID-19 testing until April 5, 2022; and
    • allows the Office of State Human Resources to amend the definition of "fully vaccinated" to align with federal guidance until April 5, 2022.
  • August 18, 2021: Mecklenburg County and City of Charlotte issue proclamation requiring all persons age five and over to wear face coverings in all indoor public places, businesses, or establishments.
  • August 13, 2021: City of Raleigh announces that:
    • all city employees must either become fully vaccinated against COVID-19 by September 17, 2021 or submit to weekly testing; and
    • all individuals over the age of two must wear face coverings in all indoor public and private spaces.
  • July 29, 2021: Governor Roy Cooper issues Executive Order 224 which, effective September 1, 2021, requires all state government workers to either:
    • provide proof that they are fully vaccinated; or
    • submit to COVID-19 testing at least once per week and wear face coverings in all indoor spaces.
  • May 21, 2021: Governor Cooper issues Executive Order 216, which reinstates work search requirements for existing unemployment benefit claimants effective June 6, 2021.
  • May 14, 2021: Governor Cooper issues Executive Order 215, which lifts:
    • the indoor mask mandate for most indoor settings;
    • mass gathering limits; and
    • social distancing requirements.
  • March 23, 2021: Governor Cooper issues Executive Order 204 which, among other things, allows:
    • museums, aquariums, retail businesses, and personal care services to increase to 100% capacity;
    • restaurants, breweries, indoor recreational facilities, fitness centers, pools, and amusement parks to increase to 75% capacity; and
    • bars, movie theaters, gaming facilities, meeting and conference spaces, auditoriums, and sports arenas to increase to 50% capacity.
  • February 24, 2021: Governor Cooper issues Executive Order 195 which, effective February 26 through March 26, 2021, eases COVID-19 restrictions by allowing:
    • bars, meeting/reception/conference spaces, movie theaters, entertainment facilities, and indoor areas of amusement parks to operate at 30% capacity (not to exceed 250 people);
    • indoor venues with more than 5,000 seats to operate at 15% capacity; and
    • restaurants, breweries, fitness facilities, pools, museums, aquariums, retailers, personal care services, and outdoor areas of amusement parks to operate at 50% capacity.
For the latest North Carolina information and resources on COVID-19, see North Carolina Department of Health & Human Services, COVID-19 Response in North Carolina.
For North Carolina COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): North Carolina.

North Dakota

  • August 1, 2023: The requirement that employers exempt employees from vaccine mandates if they provide proof of COVID-19 antibodies from the last six months, agree to periodic COVID-19 tests, or provide statements regarding medical or religious exemptions contained in HB 1511 is repealed.
  • April 18, 2023: Governor Doug Burgum signs SB 2274 which, among other things:
    • prohibits the state government from requiring documentation regarding a person's COVID-19 vaccination or recovery status, or vaccination status for a vaccine under FDA emergency use authorization to access property, funds, or services;
    • prohibits the state government from requiring private businesses to obtain documentation regarding a person's COVID-19 vaccination or recovery status, or vaccination status for a vaccine under FDA emergency use authorization before employment; and
    • prohibits private businesses from requiring patrons, clients, or customers to provide documentation regarding their COVID-19 vaccination or recovery status, or vaccination status for a vaccine under FDA emergency use authorization.
  • November 12, 2021: Governor Burgum signs HB 1511 which, among other things:
    • prohibits the state government from requiring documentation regarding a person's COVID-19 vaccination status or recovery status to access property funds, or services;
    • prohibits private businesses from requiring documentation regarding a person's COVID-19 vaccination status or recovery status to gain access to or services from the business; and
    • requires employers with employee vaccination mandates to exempt employees if they provide proof of COVID-19 antibodies from the last six months, agree to periodic COVID-19 tests, or provide statements regarding medical or religious exemptions.
  • May 10, 2021: Governor Burgum announces that the state will end its participation in federal pandemic-related unemployment programs effective June 19, 2021.
  • May 7, 2021: Governor Burgum signs HB 1465, which prohibits which prohibits the state government from requiring businesses to obtain proof of an individual's:
    • vaccination status;
    • presence of pathogens, antigens, or antibodies; or
    • post-transmission recovery status.
  • April 23, 2021: Governor Burgum signs HB 1175, which provides civil immunity (retroactive to January 1, 2020) to health care providers and businesses from COVID-19 related claims, provided that there was no:
    • willful and wanton misconduct;
    • reckless infliction of harm; or
    • intentional infliction of harm.
  • January 16, 2021: Governor Burgum issues Executive Order 2020-43.5, which rescinds capacity limitations for restaurants, bars, and other event venues.
For the latest North Dakota information and resources on COVID-19, see North Dakota, COVID-19 Business and Employer Labor Resources.
For North Dakota COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): North Dakota.

Ohio

  • March 7, 2022: Columbus City Council votes to lift the indoor face covering requirement based on public health recommendations.
  • September 13, 2021: Columbus City Council enacts Ordinance 2388-2021, which requires all individuals age three and over, regardless of vaccination status, to wear face coverings when inside:
    • places of business accessible to the public;
    • city-operated buildings accessible to the public;
    • public transportation; and
    • certain high-density occupational settings, such as manufacturing, construction, and agriculture.
  • June 18, 2021: Governor Mike DeWine issues Executive Order 2021-08D ending the COVID-19 state of emergency.
  • June 1, 2021: Department of Health Director Stephanie McCloud issues order rescinding the statewide mask requirement.
  • May 17, 2021: Department of Health Director McCloud issues order, effective May 14, 2021 until June 2, 2021, which modifies the statewide mask and social distancing requirement so that:
    • fully vaccinated individuals are not required to wear masks except on public transportation, including planes, trains, and buses;
    • individuals age ten and over must continue to wear masks in any non-residential indoor location, when outdoors and unable to maintain six feet of distance from others, and when riding or waiting for public transportation;
    • fully vaccinated individuals are not required to socially distance from others; and
    • fully vaccinated individuals are not required to be tested following a known COVID-19 exposure.
  • April 5, 2021: Department of Health Director McCloud issues order extending the statewide mask requirement, which requires all persons age 10 and over to wear face coverings when:
    • in any indoor location that is not a residence;
    • outdoors and unable to consistently maintain six-foot distances from others;
    • waiting for, riding, or operating public transportation.
For the latest Ohio information and resources on COVID-19, see Ohio Department of Health, Coronavirus.
For Ohio COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Ohio.

Oklahoma

  • May 28, 2021: Governor Kevin Stitt issues Executive Order 2021-16, which:
    • requires all state buildings to rescind mask mandates; and
    • prohibits all state agencies from requiring proof of COVID-19 vaccination to enter any public building.
  • May 17, 2021: Governor Stitt issues Executive Order 2021-15, which:
    • ends the state's participation in federal COVID-19 unemployment benefit programs; and
    • offers a one-time $1,200 incentive to assist employees in returning to the workforce.
  • May 4, 2021: Governor Stitt withdraws COVID-19 state of emergency.
For the latest Oklahoma information and resources on COVID-19, see Oklahoma COVID-19 Resources.
For Oklahoma COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Oklahoma.

Oregon

  • May 11, 2023: Oregon Health Authority issues Temporary Administrative Orders suspending the COVID-19 vaccination requirements for:
  • March 30, 2023: Oregon OSHA announces that effective April 3, 2023, all COVID-19 related rules wil be suspended. Employers will no longer be required to provide face coverings unless they continue to require their use.
  • March 3, 2023: Oregon Health Authority announces that masks will no longer be required in health care settings beginning April 3, 2023.
  • March 31, 2022: The COVID-19 vaccine requirement expires for executive branch employees.
  • March 17, 2022: City of Portland rescinds COVID-19 vaccination requirement for vendors, consultants, contractors, volunteers, and grantees effective April 1, 2022.
  • March 7, 2022: Governor Kate Brown signs SB 1514, which will continue to exclude vaccine incentives, hiring bonuses, and retention bonuses from the definition of "compensation" until September 28, 2022.
  • February 28, 2022: Governor Brown announces that the indoor mask requirement will be lifted on March 11, 2022.
  • February 7, 2022: Oregon Health Authority announces that indoor mask requirements will be lifted by March 31, 2022.
  • January 13, 2022: Oregon OSHA announces that in light of the US Supreme Court's decision regarding the OSHA Vaccination and Testing Emergency Temporary Standard, it will not move forward with adopting the same or similar standard.
  • January 7, 2022: Oregon OSHA announces that it is required to adopt the federal OSHA Vaccination and Testing Emergency Temporary Standard or a standard that "at least as effective" by January 24, 2022. Oregon OSHA plans to begin discussions with stakeholders and continue to monitor legal actions at the federal level.
  • November 23, 2021: Oregon Health Authority issues Temporary Administrative Order PH 83-2021 which, effective until February 8, 2022, requires all persons age five and over to wear masks in all indoor spaces open to the public, regardless of vaccination status.
  • November 5, 2021: City of Portland announces that beginning January 3, 2022, all vendors, consultants, contractors, volunteers, and grantees who perform in-person work at any city indoor facility must be fully vaccinated, unless they have an approved medical or religious exemption.
  • September 17, 2021: City of Portland implements vaccination policy requiring all city employees to become fully vaccinated by October 18, 2021, unless they receive an approved medical or religious exception.
  • August 25, 2021: The Oregon Health Authority issues administrative rules regarding COVID-19 vaccination for:
  • August 24, 2021: Governor Brown announces that effective August 27, 2021, all individuals over the age of five to wear masks, regardless of vaccination status, in most public outdoor settings where physical distancing is not possible.
  • August 19, 2021: Governor Brown announces that all health care employees and K-12 staff and volunteers must be fully vaccinated against COVID-19 by October 18, 2021 or six weeks after full FDA approval, whichever is later. No testing alternative is available.
  • August 13, 2021: Governor Brown issues Executive Order 21-29, which requires all executive branch employees to be fully vaccinated against COVID-19 by October 18, 2021 or six weeks after full FDA approval, whichever is later, unless their request for a medical or religious exception has been approved.
  • August 11, 2021: Governor Brown issues new indoor mask mandate that requires all individuals over the age of five to wear masks in all indoor public places.
  • August 4, 2021: Governor Brown announces that all health care employees with direct or indirect contact with patients or infectious materials to either:
    • become fully vaccinated against COVID-19 by September 30, 2021; or
    • submit to weekly COVID-19 testing.
  • June 25, 2021: Governor Brown signs Executive Order 21-15 which, effective June 30, 2021, rescinds:
    • the statewide mask mandate; and
    • business capacity and physical distancing restrictions.
  • June 23, 2021: Governor Brown signs HB 2818, which temporarily amends the Equal Pay Act through March 1, 2022 to exclude from the definition of "compensation":
    • vaccine incentives, defined as monetary or non-monetary incentives, including paid time off or protected time off from work;
    • hiring bonuses; and
    • retention bonuses.
  • May 19, 2021: Oregon OSHA issues statement regarding vaccination status, which allows employers who request and receive proof of vaccination status to allow fully vaccinated employees and individuals to enter the facility without a face covering or enforcing physical distancing.
  • May 18, 2021: Oregon Health Authority (OHA) issues updated statewide reopening guidance, which modifies the face covering requirements to not require face coverings if an individual is:
    • outdoors; or
    • fully vaccinated.
  • May 18, 2021: OHA issues Interim Guidance for Fully Vaccinated Individuals, which does not require individuals who are fully vaccinated (with proof of vaccination status) to wear face coverings or maintain physical distancing except in:
    • health care settings;
    • jails, detention centers, and correctional facilities;
    • shelters and transitional housing;
    • K-12 schools;
    • public transportation and US transportation hubs; and
    • other settings where the owner continues to apply and enforce face covering and physical distancing requirements.
  • May 4, 2021: Oregon OSHA issues Final Rule Addressing COVID-19 Workplace Risks, which requires all employers to comply with mandatory health and safety standards, including:
    • designing workflow and activities to ensure physical distancing between all individuals;
    • providing masks, face coverings, or face shields to all employees and ensuring that they are worn at the workplace and other premises under the employer's control;
    • effective June 3, 2021, minimizing employee exposures during transportation by eliminating the need for shared work vehicles or requiring masks, increasing outside air, and separating individuals in shared work vehicles;
    • regularly cleaning and sanitizing all common areas, shared equipment, and high-touch surfaces;
    • posting the COVID-19 Hazards Poster conspicuously in a central location and providing a copy to all remote employees;
    • maximizing the amount of outside air circulated through existing HVAC systems and, for employers with more than 10 employees, certify in writing by June 3, 2021 that their HVAC system is operating in accordance with the rule;
    • conducting a COVID-19 exposure risk assessment, including determining whether employees can work remotely, physically distance themselves at work, and have been informed about COVID-19 policies and procedures;
    • establishing and implementing an infection control plan based on the risks identified in the exposure risk assessment;
    • providing all workers with COVID-19 information and training on physical distancing, use of face coverings, sanitation requirements, and COVID-19 symptoms and transmission;
    • implementing procedures to notify employees of any work-related contact with a known case of COVID-19;
    • when necessary, making employees and space available for COVID-19 testing at no cost to workers;
    • directing workers who are recommended to quarantine or isolate to remain home and away from other non-quarantined individuals;
    • effective June 3, 2021, advising quarantined or isolated employees of the right to return to work in writing and providing them with relevant information regarding paid time off, sick leave, or other available benefits under federal, state, or local law; and
    • complying with the mandatory industry-specific and activity-specific requirements contained in the appendices.
  • January 29, 2021: Oregon Health Authority issues General Guidance for Employers and Organizations, which requires all employers to, among other things:
    • ensure all staff and visitors comply with the statewide face covering guidance;
    • ensure protocols are in place when employees test positive for COVID-19 to notify the local public health authority and other employees, and prohibit the infected employee from returning to work during the isolation period;
    • configure workspaces to maintain at least six feet between each employee;
    • provide face coverings to all employees who do not have one; and
    • frequently clean and sanitize commonly touched surfaces and shared equipment.
For the latest Oregon information and resources on COVID-19, see Oregon Health Authority, COVID-19 Updates.
For Oregon COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Oregon.

Pennsylvania

  • December 11, 2023: Philadelphia Department of Labor announces that the Health Care Epidemic Leave will remain in effect after the COVID-19 Paid Sick Leave expires on December 31, 2023. Health Care Epidemic Leave, which requires healthcare employees and pool healthcare employees to be compensated for lost wages and medical expenses due to contracting a communicable disease during a pandemic, will continue "until the end of a declared pandemic."
  • May 18, 2023: Allegheny County ends vaccine requirement for county employees.
  • February 28, 2023: Philadelphia Department of Labor publishes third supplemental regulation regarding the Promoting Healthy Families and Workplaces Ordinance and COVID-19 leave, accrued sick leave during COVID-19, and health care epidemic leave. The regulation clarifies, among other things:
    • which employers and employees are covered by each type of leave;
    • purposes for which covered employees may take each type of leave;
    • amounts of each type of leave to which covered employees are entitled; and
    • documentation employers may require for employees to use each type of leave.
  • March 9, 2022: Philadelphia Mayor Jim Kenney signs new COVID-19 leave ordinance which, effective until December 31, 2023, requires employers with 25 or more employees to provide up to 40 hours of paid leave to employees who need to take time off work because:
    • their presence on the job or in the community would jeopardize the health of others because they were exposed to COVID-19 or are experiencing COVID-19 symptoms, regardless of whether they have been diagnosed or tested positive;
    • they are caring for a family member whose presence on the job or in the community would jeopardize the health of others because they were exposed to COVID-19 or are experiencing COVID-19 symptoms, regardless of whether they have been diagnosed or tested positive;
    • they are isolating or caring for a family member who is isolating due to testing positive for COVID-19, experiencing COVID-19 symptoms, or seeking a medical diagnosis related to COVID-19;
    • they are caring for a child whose school or place of care is closed due to COVID-19;
    • they are obtaining a COVID-19 vaccination or booster shot; or
    • they are recovering from COVID-19 vaccination side effects.
  • March 2, 2022: City of Philadelphia announces that the indoor mask mandate will no longer be enforced based on lower COVID metrics.
  • February 16, 2022: City of Philadelphia announces that the vaccine requirement for entering restaurants will no longer be enforced as the city moves toward a tiered COVID-19 Response Level metric system to impose mandates.
  • December 13, 2021: City of Philadelphia announces that beginning January 3, 2022, all persons age five and over must provide proof of COVID-19 vaccination before entering any establishment that sells food or drink for onsite consumption.
  • November 19, 2021: City of Philadelphia issues COVID-19 Vaccination Requirements for City Employees, which require all city employees and certain city contractors to complete their COVID-19 vaccination series by January 14, 2022, unless they are granted a valid exemption for medical or religious reasons.
  • November 1, 2021: Pittsburgh Mayor William Peduto issues Executive Order requiring all city employees to be fully vaccinated against COVID-19 by December 22, 2021, unless they receive an approved medical or religious accommodation.
  • October 6, 2021: Philadelphia Department of Health extends the deadlines for healthcare workers and higher education workers to comply with the vaccination emergency regulation to:
    • October 15, 2021 for all healthcare staff in hospitals and long-term care facilities and all higher education employees to receive their first dose;
    • October 22, 2021 for all other healthcare workers to receive their first dose;
    • November 15, 2021 for all healthcare staff in hospitals and long-term care facilities and all higher education employees to have completed their vaccine series; and
    • November 22, 2021 for all other healthcare workers to have completed their vaccine series.
  • September 29, 2021: Allegheny County Executive Rich Fitzgerald announces that all county employees must receive the one-shot J&J vaccine or the second shot of either the Pfizer/BioNTech or Moderna vaccine by December 1, 2021 or face termination.
  • August 16, 2021: Philadelphia Department of Health issues Emergency Regulation that requires all healthcare workers and higher education workers to be fully vaccinated against COVID-19 by October 15, 2021 unless they qualify for a medical or religious exemption. The regulation also requires:
    • all exempt individuals to submit to regular COVID-19 testing; and
    • exempt higher education employees to double mask indoors and remain at least six feet from others at all times.
  • August 11, 2021: Philadelphia Department of Health announces that beginning September 1, 2021:
    • all city employees must provide proof that they are fully vaccinated against COVID-19;
    • new employees must be fully vaccinated as a condition of their employment; and
    • employees who are not fully vaccinated will be required to wear two masks (cloth over disposable or surgical) at all times while working on-site.
  • August 11, 2021: Philadelphia Department of Health issues updated mask mandate that requires:
    • all businesses that do not require employees and patrons to be fully vaccinated to require masks to be worn by all individuals on site;
    • certain essential businesses such as grocery stores, pharmacies, doctors' offices, and urgent cares to require masks to be worn regardless of a vaccination mandate; and
    • all individuals to wear masks at non-seated outdoor events with more than 1,000 attendees.
  • August 10, 2021: Governor Tom Wolf announces that employees in state health care and high-risk congregate care facilities will be required to either:
    • become fully vaccinated against COVID-19 by September 7, 2021; or
    • submit to weekly COVID-19 testing.
  • July 27, 2021: Pittsburgh Mayor Bill Peduto signs new Temporary COVID-19 Paid Sick Leave Ordinance which, effective until July 27, 2022, requires employers with 50 or more employees to provide up to 80 hours of paid leave for employees who cannot work or telework because:
    • a public health official or health care provider has determined that their presence on the job would jeopardize the health of others due to COVID-19 symptoms or exposure;
    • they are caring for a family member who has received a determination by a public health official or health care provider that they would jeopardize the health of others due to COVID-19 symptoms or exposure;
    • they are self-isolating or caring for a family member self-isolating due to COVID-19 diagnosis or symptoms; or
    • they need to obtain a COVID-19 vaccine or booster for themselves or a family member.
  • June 10, 2021: Pennsylvania ends statewide declaration of emergency, which sunsets Philadelphia's Public Health Emergency Leave ordinance and Pittsburgh's COVID-19 Paid Sick Leave ordinance. Employees in Philadelphia and Pittsburgh may continue to use accrued paid leave through June 17, 2021.
  • May 28, 2021: Pennsylvania Department of Health announces that the statewide mask order will be lifted on June 28, 2021 or when 70% of adults are fully vaccinated, whichever comes first.
  • May 28, 2021: Philadelphia Department of Health announces that beginning June 2, 2021, all COVID-19 restrictions will be lifted except for the indoor mask mandate and the 11pm last call for dining orders.
  • May 4, 2021: Governor Tom Wolf announces that all COVID-19 mitigation orders, except masking, will be lifted on May 31, 2021.
  • April 1, 2021: Governor Wolf issues amended order rescinding the requirement that businesses allow employees to telework and increasing business capacities as previously announced.
  • March 29, 2021: Philadelphia Mayor Jim Kenney signs Public Health Emergency Leave ordinance, which requires employers with 50 or more employees to provide up to 80 hours of sick leave to employees who need to take time off work because they are:
    • caring for themselves or a family member with symptoms of COVID-19;
    • self-isolating or caring for a family member self-isolating due to COVID-19 exposure;
    • caring for a child due to school or childcare provider being closed due to COVID-19; or
    • receiving the COVID-19 vaccine or recovering from injury, disability, or illness related to the vaccine.
  • March 15, 2021: Governor Tom Wolf announces that beginning April 4, 2021:
    • restaurants may increase indoor dining capacity to 75% and resume bar service;
    • personal services, gyms, and entertainment facilities may increase capacity to 75%;
    • indoor events may increase capacity to 25%; and
    • outdoor events may increase capacity to 50%.
  • March 1, 2021: Governor Wolf issues order terminating the November 17, 2020 travel mitigation order.
  • February 22, 2021: Governor Wolf reveals "Back to Work PA" plan to assist communities with economic recovery efforts and attract new businesses to the commonwealth.
For the latest Pennsylvania information and resources on COVID-19, see Pennsylvania Department of Health, COVID-19 in Pennsylvania.
For Pennsylvania COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Pennsylvania.

Puerto Rico

  • May 11, 2023: Governor Pedro Pierluisi issues Executive Order 2023-12, which ends the COVID-19 state of emergency and repeals prior Executive Orders requiring COVID-19 preventive measures.
  • March 7, 2022: Governor Pierluisi issues Executive Order 2022-019 which, effective March 10, 2022, lifts most COVID-19 restrictions, including mandates for:
    • COVID-19 vaccines and boosters, stating that employers may choose whether to implement requirements; and
    • Masks, except in healthcare, assisted living, correctional, and child care facilities, centers for individuals with intellectual disabilities, and schools.
  • February 13, 2022: Governor Pierluisi issues Executive Order 2022-010, which requires all employees of gyms, barbershops, beauty salons, spas, childcare centers, and casinos to receive their COVID-19 booster shot by March 15, 2022 in order to be fully vaccinated or comply with weekly COVID-19 testing.
  • January 28, 2022: Governor Pierluisi issues Executive Order 2022-006, which requires all government and public corporation employees and government contractors to receive their COVID-19 booster shot by February 28, 2022 in order to be fully vaccinated or comply with weekly COVID-19 testing.
  • January 13, 2022: Governor Pierluisi issues Executive Order 2022-003, which requires all employees of hotels, lodgings, theaters, movie theaters, coliseums, and convention and activity centers to receive their COVID-19 booster shot by February 15, 2022 in order to be fully vaccinated or comply with weekly COVID-19 testing.
  • December 31, 2021: Governor Pierluisi issues Executive Order 2021-087, which requires the following employees to receive their COVID-19 booster shot by January 31, 2022 in order to be fully vaccinated or comply with weekly COVID-19 testing:
    • all restaurant and other food-establishment employees, supermarket employees, and gas station convenience store employees over the age of 18; and
    • all public safety personnel, including Department of Public Safety employees, correctional officers, and other response personnel established by the Department of Health.
  • December 22, 2021: Governor Pierluisi issues Executive Order 2021-082, which requires healthcare employees and employees working in private and public schools, educational centers, and universities to receive their COVID-19 booster shot by January 15, 2022, unless they receive a medical or religious exception.
  • December 20, 2021: Governor Pierluisi issues Executive Orders 2021-080 and 2021-081 which, among other things, require:
    • entertainment venues such as theaters, stadiums, and arenas to require both proof of full vaccination and a negative COVID-19 test taken at least 48 hours before arrival; and
    • food establishments, hotels, personal care services, and fitness centers to provide either proof of full vaccination, a negative COVID-19 test taken within the last 48 hours, or a positive COVID-19 test from the last three months along with proof of recovery.
  • November 15, 2021: Governor Pierluisi issues Executive Order 2021-075 requiring all private employers with 50 or more employees to require their employees to provide either:
    • proof of full vaccination by December 30, 2021;
    • a negative COVID-19 test every week; or
    • proof of recovery from COVID-19 within the last three months.
  • August 19, 2021: Governor Pierluisi issues Executive Order 2021-064 requiring all beauty salons, barber shops, aesthetics salons, spas, gyms, child care centers, grocery stores, convenience stores, casinos, and gas stations to require all employees to either:
    • become fully vaccinated against COVID-19 by October 15, 2021; or
    • provide a negative COVID-19 test weekly.
  • August 11, 2021: Governor Pierluisi issues Executive Order 2021-063 requiring all restaurants, bars, café's, theaters, and other indoor establishments selling food or drink to limit capacity to 50% and require:
    • all employees to become fully vaccinated by October 7, 2021 or provide a negative COVID-19 test or a positive COVID-19 result from the past 3 months along with documentation of recovery; and
    • all visitors to provide proof of full vaccination, a negative COVID-19 test, or a positive COVID-19 result from the past 3 months along with documentation of recovery.
  • July 28, 2021: Governor Pierluisi issues Executive Order 2021-058 requiring all public agency employees to either:
    • become fully vaccinated against COVID-19 by September 30, 2021; or
    • provide a negative COVID-19 test weekly.

Rhode Island

  • March 7, 2022: Providence Mayor Jorge Elorza announces that city employees who are not fully vaccinated against COVID-19 will be allowed to submit two negative tests weekly.
  • March 1, 2022: Rhode Island Department of Health's vaccine requirement for all licensed healthcare facilities and healthcare providers expires (216-RICR-20-15-8.1 to 216-RICR-20-15-8.5).
  • February 9, 2022: Governor Daniel McKee announces that Executive Order 21-116, requiring masks and/or proof of vaccination in indoor venues, will expire on February 11, 2022.
  • December 28, 2021: Providence Mayor Jorge Elorza announces that all city employees must be fully vaccinated against COVID-19 by February 28, 2022 or face termination. No testing alternative is permitted.
  • December 15, 2021: Governor McKee issues Executive Order 21-116 which, beginning December 20, 2021, requires all patrons and employees age two and over to:
    • wear masks regardless of vaccination status in all indoor venues with a capacity of 250 people or more;
    • either provide proof of vaccination or wear masks in all indoor venues with a capacity of less than 250 people; and
    • either provide proof of vaccination or wear masks in all office-based businesses, manufacturers, or other employers with indoor operations.
  • August 18, 2021: Rhode Island Department of Health announces that all licensed healthcare facilities and healthcare providers must be fully vaccinated against COVID-19 by October 1, 2021 unless they provide proof of a medical exemption. Employees in violation will face financial penalties or suspension/revocation of the facility's license.
  • July 6, 2021: Governor McKee issues Executive Order 21-76, which rescinds several COVID-19 related executive orders, including the statewide face covering mandate.
  • April 30, 2021: Governor McKee issues Executive Order 21-42, which modifies the statewide face covering mandate to exempt fully vaccinated individuals from wearing face coverings when outdoors and at least three feet away from other people.
For the latest Rhode Island information and resources on COVID-19, see Rhode Island Department of Health, COVID-19.
For Rhode Island COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Rhode Island.

South Carolina

  • April 25, 2022: Governor Henry McMaster signs HB 3126, which:
    • prohibits public employers (including school districts) from requiring employees, independent contractors, and vendors to be vaccinated as a condition of employment or conducting business;
    • prohibits private employers from requiring employees to be vaccinated unless they provide a medical exemption (including presence of antibodies, prior positive COVID-19 test, or pregnancy) or a religious exemption based on an employee's "short, plain statement" that it violates their religious beliefs;
    • prohibits private employers from requiring any independent contractor to be vaccinated;
    • allows employees who were terminated or suspended due to failing to to receive a COVID-19 vaccine or booster to be eligible for unemployment benefits; and
    • prohibits places of public accommodation from denying access to or discriminating against unvaccinated individuals.
  • November 4, 2021: Governor McMaster signs Executive Order 2021-38 which, among other things:
    • prohibits the 19 state agencies in his cabinet from requiring employees to receive the COVID-19 vaccine; and
    • directs all state agencies to immediately notify the governor's office and the attorney general's office upon receiving any communication or directive from the Biden Administration concerning vaccine requirements.
  • September 3, 2021: Mayors of Charleston and North Charleston issue vaccine mandates requiring all city employees to be fully vaccinated by November 5 and November 22, 2021, respectively.
  • May 11, 2021: Governor Henry McMaster signs Executive Order 2021-23 which, among other things, prohibits local governments from:
    • imposing face covering mandates; and
    • issuing or requiring vaccine passports or requiring individuals to provide proof of vaccination status.
  • May 6, 2021: Governor McMaster directs the Department of Employment and Workforce to terminate the state's participation in federal pandemic-related unemployment benefit programs effective June 30, 2021.
  • April 28, 2021: Governor McMaster signs COVID-19 Liability Immunity Act, which provides civil immunity to businesses and covered individuals for COVID-19 claims, provided that they:
    • reasonably adhered to public health guidance applicable at the time; and
    • did not engage in grossly negligent, reckless, willful, or intentional misconduct.
For the latest South Carolina information and resources on COVID-19, see South Carolina Department of Health and Environmental Control, Coronavirus Disease 2019 (COVID-19).
For South Carolina COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): South Carolina.

South Dakota

  • October 27, 2021: Governor Kristi Noem signs Executive Order 2021-14 exempting state employees from any COVID-19 vaccine if they submit an accommodation notification to the state Bureau of Human Resources or their own human resources department that includes either:
    • a written statement from a physician stating that COVID-19 vaccination is contraindicated for medical reasons; or
    • a signed statement on a Bureau of Human Resources form that reads "I, [full name], dissent and object to receiving a COVID-19 vaccine on religious grounds, which includes moral, ethical, and philosophical beliefs or principles."
  • April 21, 2021: Governor Noem signs Executive Order 2021-08 prohibiting state agencies and local governments from requiring COVID-19 vaccine passports or proof of COVID-19 vaccination status to do business with or receive benefits from the government.
  • February 17, 2021: Governor Noem signs HB 1046, which provides civil immunity to individuals, businesses, and healthcare providers from claims regarding COVID-19 exposure and injury, unless there is evidence of intent to transmit COVID-19.
For the latest South Dakota information and resources on COVID-19, see Governor's Office of Economic Development: COVID-19 and Department of Labor & Regulation, COVID-19 Resources.
For South Dakota COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): South Dakota.

Tennessee

  • March 21, 2023: Governor Bill Lee signs SB 11, which permanently extends the COVID-related restrictions on vaccine mandates.
  • May 4, 2022: Tennessee General Assembly passes SB 1982, which prohibits private businesses, governmental entities, local education agencies, and schools from adopting or enforcing laws, rules, or policies that:
    • fail to recognize acquired immunity as providing a level of immune protection that is at least as protective as a COVID-19 vaccine; or
    • treat individuals with acquired COVID-19 immunity differently than those who have received the COVID-19 vaccine.
  • March 11, 2022: Governor Bill Lee signs SB 1823, which requires employers that are permitted to implement mandatory COVID-19 vaccination policies, including nursing homes, assisted-care facilities, and residential hospice centers, to:
    • grant an exemption to a person if they provide a medical exemption statement signed by a licensed healthcare provider or a written statement that their religious belief prevents them from complying with the policy;
    • grant or deny a person's request for an exemption within ten business days;
    • provide a written statement explaining why an exemption request was denied; and
    • refrain from discharging, threatening to discharge, or reducing the compensation, benefits, or hours of a person who is granted an exemption.
  • November 12, 2021: Governor Lee signs SB 9014 which, among other things:
    • prohibits government entities, schools, and local education agencies from mandating that a person receive the COVID-19 vaccine or that a private business or school require proof of vaccination as a condition to access premises, facilities, or services;
    • prohibits private businesses, governmental entities, schools, and local education agencies from compelling or taking an adverse action against a person to compel them to provide proof of vaccination if they object to receiving a COVID-19 vaccine for any reason;
    • prohibits publicly funded private businesses, government entities, and publicly funded employers from requiring a person to wear a face covering as a condition of accessing the premises, facilities, or services, unless severe conditions exist and the requirement does not exceed 14 days;
    • requires publicly funded private businesses, government entities, and publicly funded employers to exempt a person from wearing a face covering if they object due to medical or religious reasons; and
    • allows employees who left employment due to failing or refusing to receive a COVID-19 vaccine to receive unemployment benefits.
  • May 26, 2021: Governor Lee signs SB 858, which prohibits orders that require:
    • private businesses to mandate proof of vaccination status to enter or use services; and
    • individuals to provide proof of vaccination status to enter state premises or receive state services.
  • May 25, 2021: Governor Lee signs HB 13, which prohibits state agencies and political subdivisions from adopting or enforcing any ordinance requiring individuals to receive the COVID-19 vaccine.
  • May 11, 2021: Governor Lee announces that the state will end its participation in all federal COVID-19 related unemployment benefit programs effective July 3, 2021.
  • April 13, 2021: Governor Lee signs SB 995, which amends the workers' compensation law to provide a rebuttable presumption to emergency rescue workers who contract COVID-19. The law amends the list of compensable infectious diseases to include a virus or other communicable disease for which:
    • a pandemic has been declared by the WHO or CDC; and
    • the governor has declared a state of emergency.
For Tennessee COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Tennessee.

Texas

  • November 10, 2023: Governor Greg Abbott signs SB 7 which, effective February 6, 2024, prohibits private employers from:
    • requiring employees, contractors, applicants for employment, or applicants for contract positions to be vaccinated against COVID-19 as a condition of employment; and
    • taking an adverse action against an employee, contractor, applicant for employment, or applicant for a contract position for refusing to be vaccinated against COVID-19.
  • October 11, 2021: Governor Abbott issues Executive Order GA-40, which prohibits all entities from compelling individuals to receive the COVID-19 vaccine if they object to vaccination for any reason of personal conscience, such as:
    • a religious belief; or
    • medical reasons, including prior recovery from COVID-19.
  • August 25, 2021: Governor Abbott issues Executive Order GA-39, which prohibits:
    • government entities from compelling individuals to receive the COVID-19 vaccine;
    • state agencies and political subdivisions from adopting any order requiring an individual to provide proof of vaccination status to enter any place or receive any service; and
    • public and private entities that receive public funds from requiring consumers to provide proof of vaccination status to enter any place or receive any service.
  • August 11, 2021: Dallas County Judge Clay Jenkins issues order requiring, among other things:
    • all commercial entities providing goods or services directly to the public to implement a health and safety policy that requires universal indoor masking for all employees and visitors; and
    • all employees, contractors, and visitors to wear a face mask on the premises of county buildings or offices, regardless of vaccination status.
    NOTE: On August 15, 2021, the Texas Supreme Court issued a temporary stay of the Dallas order after Governor Abbott filed a mandamus petition in the 5th Court of Appeals to invalidate the order, arguing that it violates Executive Order GA-38. On November 22, 2021, the Fifth District Court of Appeals issued a temporary injunction against Governor Abbott's ban, holding that there was no legal authority to prevent Judge Jenkins from implementing a mask mandate in Dallas County (Abbott v. Jenkins, No. 05-21-00733-CV (Tex. Ct. App. Nov. 22, 2021)).
  • July 29, 2021: Governor Abbott issues Executive Order GA-38, which prohibits governmental entities and officials from requiring persons to wear face coverings.
  • June 14, 2021: Governor Abbott signs SB 22, which provides a rebuttable presumption until September 1, 2023 that certain emergency workers and detention officers who suffer from COVID-19 contracted the virus during the scope of employment for workers' compensation purposes.
  • June 14, 2021: Governor Abbott signs Pandemic Liability Protection Act (SB 6), which provides all businesses with civil immunity for pandemic exposure claims, unless the business knowingly failed to:
    • warn the individual of or remediate a condition that was likely to result in exposure; or
    • implement or comply with government-promulgated standards, guidance, or protocols intended to decrease the likelihood of exposure.
  • June 7, 2021: Governor Abbott signs SB 968 which, among other things, prohibits:
    • governmental entities from issuing COVID-19 vaccine passports; and
    • businesses from requiring customers to provide COVID-19 vaccine documentation in order to enter, access, or receive services.
  • May 18, 2021: Governor Abbott issues Executive Order GA-36, which prohibits governmental entities, including counties, cities, school districts, and public health authorities, from requiring any person to wear a face covering, with limited exceptions for health care and correctional facilities.
  • April 5, 2021: Governor Abbott issues Executive Order GA-35, which prohibits:
    • governmental entities from requiring individuals to receive a COVID-19 vaccine;
    • state agencies and political subdivisions from requiring an individual to provide proof of COVID-19 vaccination status in order to enter any place or obtain any service; and
    • all public and private entities that receive public funds from requiring consumers to provide proof of COVID-19 vaccination status in order to enter any place or obtain any service.
  • March 2, 2021: Governor Abbott issues Executive Order GA-34 which, effective March 10, 2021:
    • rescinds the statewide mask order; and
    • allows all businesses and facilities to operate at 100% capacity.
For Texas COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Texas.

Utah

  • March 15, 2023: Governor Spencer Cox signs HB 131 which, effective May 3, 2023, prohibits:
    • all employers from refusing employment to or discriminating against a person in compensation, terms, or conditions of employment based on their vaccination status; and
    • governmental entities from refusing any service to or requiring individuals to receive a vaccine, except for certain educational vaccine mandates.
  • March 22, 2022: Governor Cox signs HB 63 which, effective May 3, 2022, amends the requirements set out in SB 2004 so that:
    • all employers with COVID-19 vaccine requirements, including federal contractors, must also exempt employees who submit a primary care provider's note stating that the employee was previously infected with COVID-19;
    • adverse action does not include reassignment if the employee's vaccination status is not the only reason for the reassignment; and
    • employers may require an employee to show proof of vaccination if there is a nexus or external requirement between the vaccine requirement and the employee's assigned duties and reassigning the employee is not practical.
  • January 21, 2022: Utah Legislature passes Senate Joint Resolution 3 to terminate all public health orders requiring face coverings, including those in Salt Lake County, Summit County, and Salt Lake City.
  • January 7, 2022: Salt Lake County Health Department issues Public Health Order 2022-01 which, until February 7, 2022, requires all individuals age 2 and over to wear a respirator or mask when indoors in public, regardless of vaccination status.
  • November 16, 2021: Governor Cox signs SB 2004, which requires employers of 15 or more employees with vaccine mandates to:
    • relieve employees of any vaccine requirement if they provide a statement that receiving a COVID-19 vaccine would be injurious to their health and well-being or conflict with a sincerely held religious or personal belief;
    • not take an adverse action against any employee who submits a statement to exempt them from the vaccine requirement;
    • pay for all COVID-19 testing an employee receives as a condition of their presence in the workplace; and
    • not keep or maintain a record or copy of an employee's proof of vaccination unless required by law, an established business practice, or industry standard.
  • May 12, 2021: Governor Cox announces that the state will end its participation in federal COVID-19 related unemployment benefits programs effective June 26, 2021.
  • April 10, 2021: Governor Cox announces that the statewide mask mandate is lifted except:
    • for large gatherings of 50 or more guests; and
    • in K-12 schools.
  • April 2021: Utah Department of Health issues updated COVID-19 Business Manual, which provides guidance to employers on handling COVID-19 workplace exposure and protecting employees and operations during the pandemic.
  • March 16, 2021: Governor Cox signs HB 308, which prohibits governmental entities from requiring individuals to receive the COVID-19 vaccine.
For the latest Utah information and resources on COVID-19, see Utah, Coronavirus: Resources for Employers and Businesses.
For Utah COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Utah.

Vermont

  • March 23, 2022: Vermont Department of Human Resources issues memorandum rescinding the COVID-19 vaccine requirement for state executive branch employees effective April 4, 2022.
  • February 22, 2022: Burlington City Council votes to let the mask ordinance expire on March 3, 2022.
  • December 1, 2021: Burlington City Council adopts resolution requiring all persons age two and over to wear masks in indoor public settings, except those that actively screen and limit entry to those with established proof of COVID-19 vaccination.
  • September 8, 2021: Governor Phil Scott announces that beginning September 15, 2021, all executive branch employees will be required to be fully vaccinated against COVID-19 or submit to weekly testing and mandatory masking at work.
  • June 14, 2021: Governor Scott rescinds all COVID-19 related restrictions.
  • May 14, 2021: Governor Scott issues Addendum 16 to Executive Order 01-20, which allows fully vaccinated individuals to resume all activities without face coverings or physically distancing from others.
  • April 30, 2021: Governor Scott issues Addendum 15 to Executive Order 01-20 which, among other things:
    • no longer requires individuals to wear face coverings in outdoor public spaces, provided they avoid prolonged close contact with others;
    • requires restaurants, food service, and bars to cease service at 10:00pm each night; and
    • reinstitutes work search requirements for unemployment benefits beginning May 9, 2021.
  • April 6, 2021: Governor Scott releases Vermont Forward Plan, a three-step reopening plan to safely reopen businesses and relieve travel restrictions based on percentage of residents vaccinated. The plan also includes universal guidance for all businesses and individual business sectors.
  • February 23, 2021: Governor Scott announces updated COVID-19 travel guidance, which allows fully vaccinated individuals to travel to and from the state without quarantine restrictions, provided that it has been at least 14 days from their final dose.
For the latest Vermont information and resources on COVID-19, see Vermont Department of Labor, COVID-19 Updates.
For Vermont COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Vermont.

Virginia

  • April 11, 2022: Governor Glenn Youngkin signs HB 932, which extends the rebuttable presumption that healthcare providers who contracted COVID-19 are eligible for workers' compensation due to occupational exposure until December 31, 2022.
  • March 21, 2022: Virginia Department of Labor and Industry revokes the COVID-19 permanent workplace safety standard and issues Guidance for Employers to Mitigate the Risk of COVID-19 to Workers, which:
    • provides recommendations to mitigate COVID-19 transmission; and
    • states that individuals have the right to choose to wear a mask and discrimination based on mask wearing will not be condoned.
  • January 15, 2022: Governor Youngkin issues Executive Directive 2, rescinding the vaccine mandate for state government workers and contractors (Executive Directive 18).
  • August 26, 2021: Virginia Department of Labor and Industry adopts updated COVID-19 permanent workplace safety standard that requires employers to, among other things:
    • implement a policy detailing safety procedures to protect employees from COVID-19 exposure, including a method to receive anonymous complaints of violations;
    • conduct an assessment of their workplace for hazards and job tasks that can potentially expose employees to COVID-19;
    • implement policies to ensure that unvaccinated employees observe physical distancing and wear face coverings while indoors;
    • provide face coverings to all unvaccinated and at-risk employees and any fully vaccinated employees in areas of high or substantial community transmission; and
    • implement a written infectious disease preparedness and response plan by October 8, 2021 if they have a higher-risk workplace or 11 or more unvaccinated employees.
  • August 5, 2021: Governor Ralph Northam issues Executive Directive 18, which requires all state government workers and contractors to either:
    • be fully vaccinated against COVID-19 by September 1, 2021; or
    • submit to weekly COVID-19 testing and wear a mask while indoors and conducting public business.
  • August 2021: City of Richmond and County of Fairfax announce vaccine mandates for their respective city and county employees, requiring them to become fully vaccinated against COVID-19 or submit to weekly testing and other precautionary measures.
  • May 14, 2021: Governor Northam issues Executive Order 79, which:
    • immediately rescinds the statewide mask mandate; and
    • lifts all distancing and capacity restrictions effective May 28, 2021.
  • April 29, 2021: Governor Northam issues updated business sector guidelines and Seventh Amended Executive Order 72 which, effective May 15, 2021, allows most businesses to increase capacity limits to 100 people indoors and 250 people outdoors.
  • February 24, 2021: Governor Northam issues Third Amended Executive Order 72 which, among other things:
    • increases capacity for outdoor entertainment venues to the lower of 1,000 people or 30% capacity; and
    • allows bars and restaurants to sell alcohol for on-site consumption until 12:00am.
  • January 27, 2021: Governor Northam approves the Department of Labor and Industry's Permanent Standard on COVID-19, which supersedes the Emergency Temporary Standard enacted in July 2020. The Permanent Standard continues to classify jobs based on their exposure risk level and requires all employers to, among other things:
    • inform employees of the methods of contracting COVID-19;
    • develop and implement policies and procedures for employees to report COVID-19 symptoms;
    • prohibit employees infected or suspected to be infected with COVID-19 from reporting to work until cleared;
    • establish a system to receive positive COVID-19 reports from anyone present at the workplace within two days of symptom onset until ten days after symptom onset and notify employees, the Department of Health, the Department of Labor and Industry within specified timeframes;
    • implement policies and procedures for employees to return to work after a suspected or confirmed COVID-19 case;
    • ensure employees maintain physical distancing by verbal announcements and signage;
    • close or control access to common areas;
    • ensure compliance with respiratory protection and personal protective equipment where the nature of the work does not allow physical distancing; and
    • comply with specific sanitation and disinfection requirements.
  • January 27, 2021: Governor Northam signs Amended Executive Order 72, which extends the modified stay-at-home order until February 28, 2021.
For the latest Virginia information and resources on COVID-19, see Coronavirus (COVID-19) in Virginia.
For Virginia COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Virginia.

Washington

  • May 11, 2023: Governor Jay Inslee rescinds the COVID-19 vaccination requirement for state employees.
  • April 30, 2023: Seattle's temporary Gig Worker Paid Sick and Safe Time Ordinance expires and a permanent App-Based Workers Paid Sick and Safe Time Ordinance takes effect May 1, 2023. Under the permanent ordinance, certain food delivery network company workers will accrue one day of paid sick and safe time for every 30 days worked in Seattle. Beginning January 13, 2024, the ordinance will apply to other app-based network companies.
  • February 6, 2023: King County rescinds COVID-19 vaccine requirement for executive branch employees.
  • September 8, 2022: Governor Jay Inslee announces that all remaining COVID-19 emergency proclamations, including vaccination requirements for healthcare and education workers, will end effective October 31, 2022.
  • August 16, 2022: Washington Department of Labor & Industries issues updated HELSA and PPE Usage FAQs and Rules, which includes additional definitions and notice requirements for COVID-19 outbreaks. Employers must continue to comply with the HELSA as long as either Governor Inslee's or President Biden's declaration of emergency is in effect.
  • August 3, 2022: Seattle Mayor Bruce Harrell approves repealing the Hazard Pay for Grocery Employees Ordinance, which will end the additional $4 per hour pay for certain grocery employees on September 2, 2022.
  • June 30, 2022: Governor Inslee issues Directive 22-13, which requires all state employees to be up to date with COVID-19 vaccination, including booster shots, by July 1, 2023.
  • March 11, 2022: Governor Inslee issues Proclamation 20-25.19, which requires:
  • February 28, 2022: Governor Inslee announces that the statewide indoor mask mandate will now end on March 11, 2022.
  • February 17, 2022: Governor Inslee issues Proclamation 20-25.18 which, among other things, allows:
    • employees to work outdoors without face coverings;
    • employees to work indoors without face coverings if they are fully vaccinated and in areas where customers, visitors or non-employees are not present; and
    • employers to choose to mandate face coverings in all worksite areas regardless of vaccination status.
  • February 17, 2022: Governor Inslee announces that the statewide indoor mask requirement will be lifted on March 21, 2022, except for:
    • healthcare facilities;
    • public transportation;
    • correctional facilities; and
    • private businesses and local governments that implement their own requirements.
  • February 16, 2022: Seattle and King County Public Health announces that the vaccination verification requirement to enter restaurants, bars, and other indoor venues with be lifted on March 1, 2022.
  • November 24, 2021: Governor Inslee issues Proclamation 21-14.3, which amends the Vaccine Mandate to allow 24/7 care facilities to use contractors whose full vaccination status has not been verified in order to respond directly to emergent events or conditions that are unanticipated, discrete, temporary, and likely to result in death or serious bodily harm if the contractors' prompt actions aren't taken.
  • October 18, 2021: Governor Inslee issues Proclamation 21-16 which, effective November 16, 2021, prohibits all individuals age 12 and over from attending large events (10,000 or more outdoor or 1,000 or more indoor) unless they provide either:
    • proof of full COVID-19 vaccination; or
    • a negative COVID-19 test from a sample collected within 72 hours of attendance.
  • September 24, 2021: Washington Department of Health Secretary issues Order 20-03.6, which requires all persons age five and over to wear a mask in any place accessible to anyone outside their household.
  • September 16, 2021: Seattle and King County Public Health issues Vaccine Verification Order which, effective October 25, 2021, requires all individuals age 12 and over to provide proof of COVID-19 vaccination or a negative test to enter:
    • outdoor events with 500 or more people, including professional and collegiate sports and entertainment events;
    • indoor recreational events or establishments, including professional and collegiate sports, entertainment, performing arts, theatre, live music, gyms, and conferences; and
    • indoor dining at restaurants and bars.
  • August 20, 2021: Governor Inslee issues Proclamation 21-14.1 and Vaccine Mandate FAQ for:
    • state employees;
    • contractors;
    • higher education;
    • firefighters, police officers, and jail staff; and
    • federal employees.
  • August 18, 2021: Governor Inslee announces that beginning August 23, 2021, all individuals, regardless of vaccination status, will be required to wear masks in indoor public places.
  • August 18, 2021: Governor Inslee announces that beginning October 18, 2021, all educators (K-12, higher education, and childcare) and other school staff must be fully vaccinated, unless they have a legitimate medical reason or sincerely held religious belief.
  • August 9, 2021: Governor Inslee issues COVID-19 Vaccination Requirement which, effective October 18, 2021, requires all public and private health care providers and all state agency workers to be fully vaccinated against COVID-19. The order does not provide an option to be tested for COVID-19 and states that employees who refuse to be vaccinated will be subject to dismissal for failing to meet job qualifications.
  • August 9, 2021: King County Executive Dow Constantine announces that, effective October 18, 2021, all King County employees must be fully vaccinated unless they are granted a medical or religious exemption.
  • June 30, 2021: Governor Inslee issues COVID-19 reopening guidance pursuant to the Washington Ready plan, which:
  • May 21, 2021: Washington Department of Labor and Industries issues updated mask and distancing guidance, which states that fully vaccinated employees do not need to wear a mask or socially distance at work, provided that employers:
    • confirm vaccination status by either having the worker sign a document attesting that they are vaccinated or provide proof of vaccination; and
    • demonstrate that they have verified vaccination status.
  • May 11, 2021: Governor Inslee signs SB 5190, which creates a rebuttable presumption of an occupational disease for workers' compensation purposes for healthcare workers exposed to any infectious or contagious disease causing a public health emergency.
  • May 11, 2021: Governor Inslee signs Health Emergency Labor Standards Act (HELSA) (SB 5115) which, among other things:
    • provides a rebuttable presumption of an occupational disease for workers' compensation purposes to specified frontline employees who, during a public health emergency, contract an infectious disease transmitted by respiratory droplets or contaminated surfaces;
    • requires employers with more than 50 employees to report positive tests within 24 hours if 10 or more employees test positive; and
    • requires employers to provide written notice to all employees within one business day of learning of a potential exposure to an infectious disease that is the subject of a public health emergency.
  • April 26, 2021: Governor Inslee signs SB 5254, which requires employers to allow employees and contractors to voluntarily use personal protective equipment during a public health emergency, unless doing so does not:
    • introduce hazards to the work environment;
    • interfere with an employer's security requirements; or
    • conflict with established standards for that specific type of equipment.
  • April 16, 2021: Washington Legislature passes HB 1073, which temporarily amends the Paid Family and Medical Leave Act until June 30, 2023. Beginning August 1, 2021, pandemic leave assistance grants will be available to:
    • employees who did not meet the "hours worked" requirement for paid family and medical leave due to COVID-19, provided that they worked 820 hours in 2019 or during the second through fourth calendar quarters of 2019 and the first calendar quarter of 2020; and
    • employers with 150 or fewer employees whose employees receive pandemic leave assistance grants.
  • April 8, 2021: Governor Inslee issues Proclamation 20-46.3 which, effective April 23, 2021, amends Proclamation 20-46 to allow employers of high-risk business sectors to:
    • require medical verification from any employee availing themselves of the high-risk employee protection; and
    • terminate employer-provided health insurance as long as they give written notice at least 14 days in advance and continue coverage through the end of the month.
  • April 6, 2021: Governor Inslee issues Proclamation 20-83.2, which requires all individuals who travel to Washington by air to comply with the CDC travel guidelines.
  • March 19, 2021: Governor Inslee rescinds travel advisory, allowing travelers to enter the state without quarantine requirements.
  • March 11, 2021: Governor Inslee announces that beginning March 22, 2021, the state will enter Phase 3 of reopening, which will allow:
    • outdoor sports venues and large venue events to open at 25% capacity; and
    • all indoor spaces, including restaurants, gyms, and theaters, to increase capacity to the lesser of 50% capacity or 400 people.
  • January 25, 2021: Seattle City Council passes Hazard Pay for Grocery Employees Ordinance, which requires grocery businesses with 500 or more employees worldwide to:
    • pay each employee an additional four dollars per hour on the established, regular pay day for the duration of the COVID-19 emergency;
    • display a written notice of rights in both English and the primary language spoken by the employees at the worksite regarding the hazard pay guaranteed, the right to be protected from retaliation for exercising their rights, and the right to bring a civil action for violations;
    • retain records documenting compliance for three years; and
    • refrain from reducing compensation or taking an adverse action against employees for asserting their rights under the ordinance.
For Washington COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Washington.

West Virginia

  • March 30, 2022: Governor Jim Justice signs HB 4012, which prohibits state and local government entities from requiring proof of COVID-19 vaccination as a condition of entering the premises of or accessing services provided by a government entity.
  • October 22, 2021: Governor Justice signs HB 335 which, effective January 18, 2022, prohibits the state and private employers from requiring employees to receive a COVID-19 vaccine if they present a certification that is either:
    • signed by a physician who has conducted an in-person examination and concluded that COVID-19 immunization is contraindicated, there is a specific precaution to the vaccine, or the employee has developed COVID-19 antibodies; or
    • notarized and signed by the employee and states that their religious beliefs prevent them from receiving the COVID-19 vaccine.
  • June 20, 2021: Governor Justice lifts the statewide indoor face covering requirement, regardless of vaccination status.
  • May 14, 2021: Governor Justice issues Executive Order 16-21, which modifies the statewide indoor face covering requirement so that:
    • fully vaccinated individuals do not need to wear masks in confined, indoor spaces; and
    • individuals age nine and over must wear masks in confined, indoor spaces where others may be present.
  • March 5, 2021: Governor Justice lifts capacity limits for all businesses with capacity restrictions, including restaurants and bars, small businesses, retail stores, grocery stores, and gyms and fitness centers.
  • February 19, 2021: Governor Justice loosens restrictions on various businesses, allowing:
    • restaurants and bars to increase capacity from 50% to 75%;
    • small businesses and retail stores to increase capacity to 4 people per 1,000 feet; and
    • grocery stores to increase capacity to 6 people per 1,000 feet.
For West Virginia COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): West Virginia.

Wisconsin

  • May 9, 2023: Milwaukee County Executive David Crowley rescinds the county employee COVID-19 vaccine mandate.
  • January 26, 2022: Public Health Madison & Dane County issues Face Covering Emergency Order #7 which, effective February 1 through March 1, 2022, requires all individuals age two and older to wear a face covering when:
    • in any enclosed space open to the public where others are present; and
    • driving or riding in any form of public transportation.
  • September 14, 2021: Wisconsin Department of Administration announces that beginning October 18, 2021, all executive branch employees, interns, and contractors must either:
    • provide proof of full vaccination against COVID-19; or
    • submit to weekly COVID-19 testing.
  • September 3, 2021: Milwaukee County Executive David Crowley announces that:
    • all county employees must either provide proof of completed COVID-19 vaccination or submit a completed medical or religious exemption request form by October 1, 2021;
    • beginning October 11, 2021, county employees who are noncompliant with the vaccine mandate will be ineligible for voluntary overtime or risk recognition pay and may face department-level consequences; and
    • beginning January 1, 2022, noncompliant county employees enrolled in the county's healthcare plan will incur a $20 per pay period surcharge and may be subject to termination.
  • June 3, 2021: Pierce County Public Health rescinds mask mandate, replacing order with recommendations regarding wearing masks indoors.
  • May 2021: Wisconsin Department of Health Services publishes revised Guidance for Employers in non-health care and non-educational settings regarding preventing and managing COVID-19 outbreaks in the workplace.
  • April 1, 2021: Pierce County Health Officer Ayslinn Snyder issues public health advisory order requiring all individuals age five and over to wear face masks when:
    • indoors (other than at a private residence); and
    • other people are present.
  • March 31, 2021: Wisconsin Supreme Court declares Governor Tony Evers' executive orders declaring a public health emergency unlawful, rendering the statewide mask order void and unenforceable (Fabick v. Evers, (Wis. Mar. 31, 2021)).
  • February 26, 2021: Governor Evers signs Wisconsin Act 4 which, among other things, protects employers from civil liability for injuries, deaths, or damages related to COVID-19, provided there is no intentional, reckless, or wanton conduct.
  • February 4, 2021: Governor Evers signs Executive Order 105 and Emergency Order 1 declaring a Public Health Emergency and requiring all persons age five and over to wear face coverings if they are both:
    • indoors or in an enclosed space open to the public; and
    • another person or persons from outside of their household are present.
For the latest Wisconsin information and resources on COVID-19, see Wisconsin Department of Workforce Development: Coronavirus General Information.
For Wisconsin COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Wisconsin.

Wyoming

  • November 12, 2021: Governor Mark Gordon signs HB 1002, which prohibits public entities from enforcing any federal mandate that requires an employer to require an employee to receive a COVID-19 vaccination.
  • May 12, 2021: Governor Gordon announces that the state will end its participation with federal COVID-19 related unemployment benefits programs effective June 19, 2021.
  • May 7, 2021: Governor Gordon issues directive prohibiting state agencies, boards, and commissions from requiring vaccine passports to access state buildings and services.
  • April 6, 2021: Governor Gordon signs SF 19, which provides civil immunity from COVID-19 related claims to any healthcare provider, person, or business entity unless it is proven by clear and convincing evidence of gross negligence or willful or wanton misconduct.
  • March 8, 2021: Governor Gordon announces that beginning March 16, 2021:
    • the statewide face covering order will be lifted; and
    • bars, restaurants, theaters, and gyms may resume normal operations.
  • February 25, 2021: Wyoming State Health Officer Alexia Harrist issues Fourth Continuation of Public Health Order 4, requiring all persons to abide by the statewide face covering order until at least March 15, 2021.
  • February 11, 2021: Wyoming State Health Officer Harrist issues Continuation of Public Health Order 4, requiring all persons to abide by the statewide face covering order until at least February 28, 2021.
For the latest Wyoming information and resources on COVID-19, see Wyoming Department of Health: Coronavirus Disease 2019 (COVID-19).
For Wyoming COVID-19 developments in 2020, see 2020 COVID-19 Employment Tracker (Archived): Wyoming.

Vaccine Mandates and Prohibitions

Given the general availability of COVID-19 vaccines for all adults in the US, and the surge in cases of virus variants, such as Delta, many states and municipalities have enacted wide-ranging laws regarding COVID-19 vaccinations. These laws take diametrically opposed approaches to vaccination across jurisdictions, creating compliance challenges for multi-jurisdictional employers. For example, the laws mandating vaccination or other measures may:
  • Require that individuals show proof that they are fully vaccinated to engage in certain activities or enter certain venues.
  • Require that individuals in certain industries or professions, such as health care workers, teachers, or hospitality workers, be fully vaccinated as a condition of employment.
  • Require that employees either show proof of vaccination or submit to regular COVID-19 testing.
President Biden and various federal agencies have also issued a vaccine directive for federal employees and contractors working on federal projects and properties. With the FDA's granting of full approval for the Pfizer vaccine, President Biden further called on private companies, business leaders, state and local leaders, and non-profits to impose vaccine mandates (see WH: Remarks (Aug. 23, 2021)). President Biden also announced that all employers with 100 or more employees must ensure that their employees are fully vaccinated or provide negative COVID-19 tests at least once per week (see WH: Remarks (Sept. 9, 2021)).
At the other end of the spectrum, some laws prohibit government or employer vaccine mandates or inquiries, and may:
  • Prohibit businesses from requiring proof of vaccination status as a condition of employment, engaging in activities, or gaining access to certain premises.
  • Prohibit government entities from issuing vaccine passports or accessing data regarding individuals' vaccination status.
  • Treat a person's vaccination status as a characteristic protected against discrimination.
The following is a tracker that provides information about federal, state, and any significant local requirements regarding COVID-19 vaccinations. While laws applicable only to state and local employees are generally beyond the scope of this tracker, some have been included by way of example, but the tracker is not exhaustive regarding those laws. This tracker also does not cover all municipal laws, but rather provides information regarding laws in major population centers and other key jurisdictions where available.
While Practical Law regularly updates this tracker, these laws and directives are changing rapidly. Some laws also have been subject to pending legal challenges regarding their validity, so employers should confirm the current state of the law in any jurisdiction where they operate or employ workers.

Federal Vaccine Laws and Directives

OSHA Emergency Temporary Standard

Centers for Medicare and Medicaid (CMS) Healthcare Vaccine Mandate

  • June 5, 2023: CMS publishes Final Rule removing the vaccination and testing requirements for covered healthcare workers (88 Fed. Reg. 36485 (June 5, 2023)).
  • October 3, 2022: US Supreme Court denies petition for certiorari filed by Missouri and nine other states to challenge the CMS Interim Final Rule (Missouri v. Biden, (US Oct. 3, 2022)).
  • January 14, 2022: CMS issues Interim Final Rule guidance for the states in which the Interim Final Rule was previously enjoined (except Texas), requiring covered facilities to be 100% compliant with the standard by April 14, 2022 and to demonstrate:
    • by February 13, 2022, that policies and procedures are developed and implemented to ensure all staff are vaccinated for COVID-19 and that all staff have either received at least one COVID-19 vaccination dose or have a pending or granted qualifying exemption request;
    • by March 15, 2022, all staff have either completed the COVID-19 vaccination series or received a qualifying exemption.
  • January 13, 2022: US Supreme Court grants the government's application to stay the injunctions issued by the Eastern District of Missouri and the Western District of Louisiana, allowing the CMS Interim Final Rule to be enforced nationwide (Biden v. Missouri, (US Jan. 13, 2022)).
  • December 28, 2021: CMS issues Interim Final Rule guidance for the states in which the Interim Final Rule is not enjoined, which requires covered facilities to be 100% compliant with the standard by March 28, 2022 and to demonstrate:
    • by January 27, 2022, that policies and procedures are developed and implemented to ensure all staff are vaccinated for COVID-19 and that all staff have either received at least one COVID-19 vaccination dose or have a pending or granted qualifying exemption request;
    • by February 26, 2022, all staff have either completed the COVID-19 vaccination series or received a qualifying exemption.
  • November 4, 2021: Centers for Medicare and Medicaid (CMS) issues Health Care Staff Vaccination Interim Final Rule, which requires all workers in healthcare facilities that participate in Medicare or Medicaid to become fully vaccinated by January 4, 2022 (86 Fed. Reg. 61555 (Nov. 5, 2021)).
    • November 10, 2021: The Interim Final Rule has been challenged in the Eastern District of Missouri by ten Attorneys General, arguing that it violates the Administrative Procedures Act, the Social Security Act, the Anti-Commandeering Doctrine, and the US Constitution, and seeking preliminary and permanent injunctions (Missouri et al. v. Biden et al., No. 4:21-cv-01329-SPM (E.D. Mo. Nov. 10, 2021)).
    • November 29, 2021: Eastern District of Missouri grants preliminary injunction, prohibiting CMS from enforcing the Interim Final Rule in Missouri, Nebraska, Arkansas, Kansas, Iowa, Wyoming, Alaska, South Dakota, North Dakota, and New Hampshire (Missouri et al. v. Biden et al., No. 4:21-cv-01329-MTS (E.D. Mo. Nov. 29, 2021)).
    • November 30, 2021: Western District of Louisiana grants preliminary injunction, prohibiting CMS from enforcing the Interim Final Rule nationwide (Louisiana et al. v. Becerra et al., (W.D. La. Nov. 30, 2021)).
    • December 15, 2021: US Court of Appeals for the Fifth Circuit denies request to stay the district court's nationwide injunction, but grants request to stay the preliminary injunction be yond the 14 states that brought the lawsuit. The preliminary injunction prohibits the Interim Final Rule from being enforced in Alabama, Arizona, Georgia, Idaho, Indiana, Kentucky, Louisiana, Mississippi, Montana, Ohio, Oklahoma, South Carolina, Utah, and West Virginia. (Louisiana et al. v. Becerra, (5th Cir. Dec. 15, 2021)).
    • December 22, 2021: US Supreme Court defers request for a stay of the preliminary injunction and agrees to hold oral argument regarding the CMS vaccine mandate on January 7, 2022 (Becerra v. Louisiana et al., Nos. 21A240, 21A241 (US Dec. 22, 2021)).
    • December 28, 2021: CMS announces that it will implement and enforce the Interim Final Rule on a modified timeline (January 27, 2022 for Phase 1 and February 28, 2022 for Phase 2) in the District of Columbia, the territories, and the 25 states where the Interim Final Rule is not enjoined.
    • January 13, 2022: US Supreme Court grants the government's application to stay the injunctions issued by the Eastern District of Missouri and the Western District of Louisiana, allowing the CMS Interim Final Rule to be enforced nationwide (Biden v. Missouri, (US Jan. 13, 2022)).

Federal Contractor Vaccine Mandate

  • May 9, 2023: President Joe Biden issues Executive Order revoking Executive Order 14042, which mandated COVID-19 vaccine requirements for federal contractors, effective May 12, 2023.
  • May 1, 2023: President Biden announces that the COVID-19 vaccine mandate for federal contractors will end on May 11, 2023.
  • April 19, 2023: Ninth Circuit reverses the preliminary injunction issued by the District Court of Arizona, holding that the federal contractor vaccine mandate falls within the President's authority under the Procurement Act (Mayes v. Biden, (9th Cir. Apr. 19, 2023)).
  • January 12, 2023: Sixth Circuit affirms Eastern District of Kentucky's issuance of preliminary injunction of the federal contractor vaccine mandate, but limits the scope to the plaintiff states of Ohio, Kentucky, and Tennessee (Commonwealth v. Biden, (6th Cir. Jan. 12, 2023)).
  • December 19, 2022: Fifth Circuit affirms the preliminary injunction issued by the Western District of Louisiana, which prohibits enforcement of the federal contractor vaccine mandate with respect to contracts and agreements between the national government and Louisiana, Mississippi, and Indiana (Louisiana v. Biden, (5th Cir. Dec. 19, 2022)).
  • October 14, 2022: Safer Federal Workforce Task Force issues update regarding the federal contractor vaccine mandate, stating that it anticipates the nationwide injunction being narrowed on October 18 and will likely issue three new guidance documents, including:
    • compliance instructions for applicable injunctions and whether contract clauses implementing the vaccine mandate should be included in any new solicitations and clauses;
    • updated COVID-19 safety protocols for covered contractor and subcontractor workplace locations; and
    • timing and considerations for providing notice to contractors regarding contract clauses that implement the vaccine mandate.
  • August 31, 2022: Safer Federal Workforce Task Force issues updated guidance stating that the federal government will take no action to implement or enforce the federal contractor vaccine mandate. The Task Force website also includes updated and new FAQs for topics including:
    • building operations;
    • mask-wearing;
    • post-exposure precautions and isolation;
    • signage;
    • testing;
    • vaccination; and
    • symptom-screening.
  • August 26, 2022: Eleventh Circuit vacates the nationwide injunction issued by the Southern District of Georgia, finding that the injunction should only be enforced in plaintiff states Georgia, Alabama, Idaho, Kansas, South Carolina, Utah, and West Virginia (Georgia v. President of the United States, (11th Cir. Aug. 26, 2022)).
  • January 27, 2022: District Court of Arizona grants preliminary injunction of the federal contractor vaccine mandate in Arizona, finding that the mandate exceeds the President's authority under the Procurement Act (Brnovich v. Biden, 562 F. Supp.3d 123 (D. Ariz. 2022)).
  • January 5, 2022: Sixth Circuit denies the government's request for a stay of the preliminary injunction (Kentucky v. Biden, (6th Cir. Jan. 5, 2022)).
  • December 22, 2021: Middle District of Florida grants preliminary injunction of the federal contractor vaccine mandate in Florida (Florida v. Nelson et al., No. 8:21-cv-02524 (M.D. Fla. Dec. 22, 2021)).
  • December 20, 2021: Eastern District of Missouri grants preliminary injunction of the federal contractor vaccine mandate in Missouri, Nebraska, Alaska, Arkansas, Iowa, Montana, New Hampshire, North Dakota, South Dakota, and Wyoming (Missouri v. Biden, No. 4:21 CV 1300 DDN (ED. Mo. Dec. 20, 2021)).
  • December 17, 2021: Eleventh Circuit denies the government's request for a stay of the preliminary injunction pending appeal and sets briefing schedule for January 2022 (Georgia v. Biden, No. 21-14269-F (11th Cir. Dec. 17, 2021)).
  • December 16, 2021: Western District of Louisiana grants preliminary injunction of the federal contractor vaccine mandate for contratcs, grants, and other like agreements between the national government and Louisiana, Mississippi, and Indiana (Louisiana v. Biden, 575 F. Supp. 3d 680 (W.D. La. 2021)).
  • December 6, 2021: Southern District of Georgia grants preliminary injunction of the federal contractor vaccine mandate nationwide (Georgia v. Biden, (S.D. Ga. Dec. 7, 2021)).
  • November 30, 2021: Eastern District of Kentucky permanently enjoins the federal contractor vaccine mandate in Kentucky, Ohio, and Tennessee (Commonwealth of Kentucky et al., v. Biden, (E.D. Ky. Nov. 30, 2021)).
  • November 4, 2021: President Joe Biden announces that the deadline for federal contractors to become fully vaccinated is extended until January 4, 2022.
  • October 21, 2021: Safer Federal Workforce Task Force updates Federal Contractors and Vaccination FAQs, which includes information regarding extensions for the vaccine deadline for those with certain medical conditions or circumstances.
  • September 24, 2021: Safer Federal Workforce Task Force issues Guidance for Federal Contractors and Subcontractors which, among other things, requires:
    • federal contractors, subcontractors, and all employees working in connection with a covered contract to be fully vaccinated by December 8, 2021, unless there is a valid medical or religious exemption;
    • all employees and visitors to wear masks indoors, regardless of vaccination status, in areas of high rates of community transmission; and
    • all covered agencies to include a clause (to be published by October 8, 2021) in their contracts entered into on or after October 15, 2021 requiring compliance with the Guidance.
  • September 9, 2021: President Joe Biden releases updated Path Out of the Pandemic plan which, in addition to the vaccination requirements for healthcare workers and federal employees, states that OSHA is developing an emergency rule to require all employers with 100 or more employees to be fully vaccinated or provide a negative COVID-19 test at least once per week.
  • September 9, 2021: President Biden issues Executive Order 14042 requiring all federal agencies to implement mandatory COVID-19 vaccination programs for all federal contractors. The Safer Federal Workforce Task Force shall issue guidance on mandatory vaccination requirements by September 24, 2021.
  • July 29, 2021: President Joe Biden announces that all federal employees and onsite contractors must either:
    • receive the COVID-19 vaccine; or
    • wear masks on the job, physically distance from others, and comply with weekly or twice weekly COVID-19 screening and testing.

Federal Employee Vaccine Mandate

  • December 11, 2023: US Supreme Court grants certiorari and directs the US Courts of Appeals for the Fifth Circuit to vacate its preliminary injunction of the federal employee COVID-19 vaccine mandate, holding that the orders are moot because the vaccine mandates have been withdrawn (Biden v. Feds for Medical Freedom, et al., (US Dec. 11, 2023)).
  • May 9, 2023: President Joe Biden issues Executive Order revoking Executive Order 14043, which mandated COVID-19 vaccine requirements for federal employees, effective May 12, 2023.
  • May 1, 2023: President Biden announces that the COVID-19 vaccine mandate for federal employees will end on May 11, 2023.
  • March 23, 2023: On rehearing enbanc, Fifth Circuit affirms the nationwide injunction of the federal employee vaccine mandate, holding that the CSRA did not preclude the district court's jurisdiction and did not abuse its discretion in issuing the nationwide injunction (Feds for Medical Freedom v. Biden, (5th Cir. Mar. 23, 2023)).
  • September 13, 2022: US Court of Appeals for the Fifth Circuit hears oral argument in en banc rehearing in Feds for Medical Freedom v. Biden (Dkt. No. 22-40043 (5th Cir.)).
  • June 27, 2022: US Court of Appeals for the Fifth Circuit vacates the April 7, 2022 order overturning the preliminary injunction and grants rehearing en banc (Feds for Medical Freedom v. Biden, 37 F.4th 1093 (5th Cir. 2022)).
  • April 7, 2022: US Court of Appeals for the Fifth Circuit overturns the preliminary injunction of the federal employee vaccine mandate, holding that the Civil Service Reform Act (CFRA) provides the exclusive remedy for plaintiffs and deprived the court of jurisdiction, even though the plaintiffs had not yet suffered an adverse employment action (Feds for Medical Freedom v. Biden, (5th Cir. Apr. 7, 2022)).
  • February 9, 2022: US Court of Appeals for the Fifth Circuit declines to overturn the preliminary injunction of the federal employee vaccine mandate and expedites the matter to the next available oral argument panel (Feds for Medical Freedom v. Biden, (5th Cir. Feb. 9, 2022)).
  • January 24, 2022: Safer Federal Workforce Task Force issues updated guidance in light of the Southern District of Texas' injunction, stating that the federal government will take no action to implement or enforce the federal employee vaccine mandate.
  • January 21, 2022: Southern District of Texas grants preliminary injunction of the federal employee vaccine mandate nationwide, citing the US Supreme Court's decision regarding the OSHA ETS (Feds for Medical Freedom v. Biden, (S.D. Tex. Jan. 21, 2022), vacated and remanded, (5th Cir. Apr. 7, 2022)).
  • September 13, 2021: Safer Federal Workforce Task Force issues updated Agency Model Safety Principles and Vaccination FAQs regarding President Biden's vaccine requirement for federal employees which, among other things, states that all federal employees must be fully vaccinated by November 22, 2021.
  • November 9, 2021: American Federation of Government Employees, AFL-CIO President Everett Kelly issues letter to the Biden Administration requesting that the vaccination deadline for federal employees be extended from November 22, 2021 to January 4, 2022.
  • September 9, 2021: President Biden issues Executive Order 14043 requiring all federal all federal agencies to implement mandatory COVID-19 vaccination programs for all federal employees. The Safer Federal Workforce Task Force shall issue guidance on mandatory vaccination requirements within seven days.

Department of Defense (DoD) Vaccine Mandate

Other Federal Directives

  • November 30, 2021: DHHS issues interim final rule requiring all Head Start staff, contractors, and volunteers to be vaccinated for COVID-19 by January 31, 2022 (86 Fed. Reg. 68052-01 (Nov. 30, 2021).
  • August 12, 2021: Department of Health and Human Services (HHS) announces that 25,000 members of its health care workforce must get vaccinated, including:
    • Indian Health Service (IHS) and National Institutes of Health (NIH) staff serving in federally operated health care and clinical research facilities and interact with, or may interact with, patients, including employees, contractors, trainees, and volunteers; and
    • members of the US Public Health Service Commissioned Corps.
  • August 12, 2021: Veterans Affairs (VA) Secretary Denis McDonough announces that beginning August 13, 2021, Veterans Health Administration (VHA) employees, volunteers, and contractors who work in or visit VHA facilities or otherwise come in contact with VA patients and healthcare workers must become fully vaccinated against COVID-19 within 8 weeks.
  • July 26, 2021: The VA issues mandate requiring its health care personnel who work in VHA facilities, visit VHA facilities, or provide direct care to those the VA serves to be fully vaccinated within 8 weeks.

State and Local Vaccine Laws and Directives

Alabama

  • November 5, 2021: Governor Kay Ivey signs SB 9, which requires employers with vaccine mandates to:
    • provide employees an opportunity and a form to request an exemption from the vaccine mandate based on religious or medical reasons;
    • liberally construe an employee's eligibility for an exemption in favor of the employee;
    • allow an employee to appeal any denial of exemption within seven calendar days after the denial; and
    • not terminate an employee who has been denied an exemption for at least seven days after the denial or, if an appeal was filed, until a final ruling has been issued in the employer's favor.
  • October 25, 2021: Governor Ivey issues Executive Order 724 which, among other things:
    • requires state agencies to cooperate with the Alabama Attorney General's office to challenge federally imposed COVID-19 vaccine requirements;
    • prohibits state agencies from penalizing a person or business for not complying with a federal vaccine requirement; and
    • prohibits a state entity from including in any state contract a provision imposing any duty or obligation on a private party regarding the vaccination status of the party or any of its officers, employees, or agents.
  • May 24, 2021: Governor Ivey signs SB 267, which prohibits government entities from:
    • issuing vaccine passports; and
    • requiring individuals to present proof of vaccination status to receive any government service or gain entry to a government building.

Alaska

  • November 2, 2021: Governor Mike Dunleavy issues Administrative Order No. 325, which prohibits state agencies from participating in or using state funds or personnel to further a federal vaccine mandate for employers.
  • April 26, 2021: Governor Dunleavy issues Administrative Order No. 321 stating that the Executive Branch does not and will not require any person to produce their personal vaccine history in order to travel to or around the state.

Arizona

  • July 6, 2022: Governor Doug Ducey signs SB 1346, which prohibits the state, a state agency, or contractor from sending employees to inquire about a person's vaccination status on a door-to-door basis.
  • April 25, 2022: Governor Ducey signs HB 2498, which prohibits government entities from requiring Arizona residents to receive a COVID-19 vaccination.
  • December 15, 2021: Governor Doug Ducey issues Executive Order 2021-21, which prohibits the state or any city, town, or county to require individuals to obtain a COVID-19 vaccine, except for employees of licensed healthcare institutions.
  • November 4, 2021: Arizona Industrial Commission issues statement that until it issues formal action to adopt all or part of the federal OSHA Vaccination and Testing Emergency Temporary Standard, it is not binding or enforceable against the state's private and public sector employers and employees.
  • August 16, 2021: Governor Ducey issues Executive Order 2021-18, which states that any county, city, town, or political subdivision that implements a vaccine mandate is in violation of state law, punishable by a class 3 misdemeanor, and is subject to private legal action.
  • June 30, 2021: Governor Ducey signs SB 1824 which, among other things:
    • requires an employer to provide an accommodation to any employee who objects to the COVID-19 vaccine due to sincerely held religious beliefs, unless it would pose an undue hardship and more than a de minimus cost to the business operations;
    • prohibits cities, towns, and counties from establishing a vaccine passport or requiring any person to be vaccinated for COVID-19; and
    • prohibits businesses from requiring proof of COVID-19 vaccination status for patrons to enter the establishment.
  • April 29, 2021: Governor Ducey signs Executive Order 2021-09, which prohibits state agencies, cities, counties, towns, and other political subdivisions (with the exception of licensed healthcare institutions) from requiring a person to provide COVID-19 vaccination status as a condition of:
    • entering any building, business, facility, location, park or other space unless proof of vaccination is required under state law; and
    • receiving any service, permit, license, or other work authorization requirement unless proof of vaccination is required under state law.

Arkansas

  • October 13, 2021: Governor Asa Hutchinson announces that SB 739 and HB 1977 will become law without his signature. The two bills require employers that mandate COVID-19 vaccinations to allow employees to provide either:
    • a negative COVID-19 test once per week; or
    • proof of COVID-19 immunity, including the presence of antibodies, T cell response, or proof of a positive COVID-19 test, twice per year from a licensed health care provider.
  • April 28, 2021: Governor Hutchinson signs HB 1547, which prohibits the state, a state agency, or state or local official from:
    • requiring an individual to receive the COVID-19 vaccine;
    • conditioning an offer of education, employment, entry, or services from the state on receiving the COVID-19 vaccine; and
    • discriminating against an individual in any way for refusing a COVID-19 vaccine, including withholding career advancement opportunities, salary, wage increase, or insurance.

California

Statewide
  • March 3, 2023: California Department of Public Health issues State Public Health Officer Order which, among other things, rescinds the statewide vaccine mandate for health care workers, adult care facility and direct care workers, and state and local correctional facility health care workers effective April 3, 2023.
  • September 13, 2022: California Department of Public Health issues public health officer order rescinding the August 11, 2021 order requiring all K-12 school employees to either provide proof of COVID-19 vaccination or submit to weekly testing, effective September 17, 2022.
  • September 13, 2022: California Department of Health issues updated orders for the following healthcare workers, which rescinds the testing requirement for employees with medical or religious exemptions to the COVID-19 vaccine mandate:
  • February 22, 2022: California Department of Public Health updates COVID-19 Vaccination Requirements for health care workers, correctional and detention facility workers, and adult care facility and direct care workers to extend the deadline for COVID-19 booster doses to March 1, 2022 or 90 days from the date of infection if they tested positive.
  • December 22, 2021: California Department of Public Health issues COVID-19 Booster Requirements for health care workers and adult care facility and direct care workers, which mandate that these workers receive their COVID-19 booster doses by February 1, 2022 or within 15 days of becoming eligible.
  • September 28, 2021: California Department of Public Health issues order requiring all adult and senior care facilities employees, hospice workers, and direct care workers to be fully vaccinated against COVID-19 by November 30, 2021 unless they:
    • provide a signed statement that they are declining due to religious beliefs or qualifying medical reasons;
    • submit to weekly COVID-19 tests; and
    • wear a surgical mask or higher-level respirator at all times in the facility or home.
  • August 18, 2021: California Department of Public Health announces that beginning September 20, 2021, all individuals attending indoor gatherings of 1,000 or more participants must either:
    • show proof that they are fully vaccinated against COVID-19; or
    • provide a negative COVID-19 test within 72 hours of the event.
  • August 11, 2021: California Department of Public Health issues order requiring all K-12 school employees to either:
    • provide proof that they are fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.
  • July 26, 2021: Governor Gavin Newsom announces that the following employees must show proof of COVID-19 vaccination status or submit to weekly COVID-19 testing:
    • all state employees, effective August 2, 2021; and
    • all employees in health care and high-risk congregate settings, effective August 9, 2021.
Local
  • September 28, 2021: Los Angeles County Department of Public Health issues Order of the Health Officer which, effective October 7, 2021, requires:
    • all persons age 12 and over to show proof of at least one dose of the COVID-19 vaccine (and full vaccination by November 4, 2021) before entering restaurants, bars, breweries, wineries, distilleries, and nightclubs; and
    • all persons age 12 and over to show proof of full COVID-19 vaccination or a negative COVID-19 test before attending outdoor mega events involving 10,000 or more persons.
  • September 24, 2021: Los Angeles City Council enacts vaccination ordinance which, effective November 4, 2021, requires individuals eligible to receive the COVID-19 vaccine to provide proof of vaccination before entering:
    • indoor portions of any establishment where food and beverages are served, gyms and fitness venues, entertainment and recreation venues, and personal care establishments; and
    • outdoor events with between 5,000 and 9,999 people, unless a negative COVID-19 test is provided.
  • August 12, 2021: San Francisco Department of Public Health issues revised Safer Return Together order, which requires all establishments where food or drink is served and all gyms and fitness studios to require all individuals age 12 and over to provide proof that they are fully vaccinated before entering any indoor portion of the facility.
  • October 13, 2021: San Francisco Department of Public Health amends Safer Return Together order to require all employees of food and drink establishments and gyms and fitness studios to be fully vaccinated by October 13, 2021 unless they have an approved medical or religious exemption.
  • July 27, 2021: City of Long Beach issues memorandum stating that beginning mid-August, all city employees will be required to be vaccinated against COVID-19 or submit to testing at least once per week.
  • July 29, 2021: San Diego County announces that beginning mid-August, county employees will be required to verify COVID-19 vaccination or undergo regular testing.
  • June 23, 2021: City of San Francisco issues COVID-19 Vaccination Policy that:
    • establishes mandatory vaccination deadlines for certain categories of employees; and
    • requires all city employees to be vaccinated as a condition of employment within ten weeks of the FDA fully approving at least one COVID-19 vaccine.

Colorado

Statewide
  • August 15, 2022: Colorado Department of Public Health & Environment repeals the COVID-19 vaccine requirement for state employees, allowing state agencies to determine whether to implement their own vaccine policies.
  • July 14, 2022: Statewide vaccine requirement for health care workers expires (6 Colo. Code Regs. §§ 1011-1:2-12.1 to 1011-1:2-12.3).
  • May 19, 2022: Colorado Department of Public Health & Environment issues public health order extending the COVID-19 vaccination requirement for state contractors who physically enter residential and congregate care facilities until June 18, 2022.
  • February 28, 2022: Colorado Department of Health issues public health order revising state contractor vaccination mandates to reduce the scope of the requirements to only those contractors providing goods or services in residential or congregate care facilities.
  • December 15, 2021: Colorado Department of Public Health & Environment extends the emergency rule requiring all employees, direct contractors, and support staff of licensed healthcare facilities to be vaccinated against COVID-19 for 120 days.
  • August 30, 2021: Colorado Department of Public Health & Environment adopts emergency rule, which requires all employees, direct contractors, and support staff of licensed healthcare facilities to receive their first dose of the COVID-19 vaccine by September 30, 2021 and become fully vaccinated by October 31, 2021, unless they receive a medical or religious exemption.
  • July 30, 2021: Governor Jared Polis announces that beginning September 20, 2021, all state employees must either:
    • be fully vaccinated against COVID-19; or
    • submit to twice weekly COVID-19 testing and wear masks in indoor public spaces.
Local
  • February 23, 2022: City and County of Denver lifts COVID-19 vaccine requirement for city employees and workers in high-risk settings effective March 4, 2022.
  • August 2, 2021: Denver Public Health Administrator Robert McDonald issues order requiring private workers in specified high-risk settings and all city employees to be fully vaccinated against COVID-19 by September 30, 2021.

Connecticut

Statewide
  • February 15, 2022: Executive Order 13G (extended by Executive Order 14) was not renewed, rescinding the statewide vaccine mandate for state employees, childcare and preK-12 school employees, and health care employees.
  • January 6, 2022: Governor Lamont issues Executive Orders 14B and 14C requiring employees of all long-term care facilities and state hospitals to receive their COVID-19 booster shots by February 11, 2022.
  • September 27, 2021: Governor Lamont issues Executive Order 13G repealing Executive Order 13D and requiring:
    • all state employees and all childcare and preK-12 school employees hired before September 27, 2021 to be fully vaccinated against COVID-19 or submit to weekly testing;
    • all prospective state employees and childcare and preK-12 school employees to be fully vaccinated against COVID-19, unless they have a religious or medical exemption (no testing alternative is available); and
    • all state hospital and long-term care employees to be fully vaccinated against COVID-19 (no testing alternative is available).
  • August 19, 2021: Governor Lamont issues Executive Order 13D, which requires:
    • all state employees and all childcare and preK-12 school employees to receive their first dose of the COVID-19 vaccine by September 27, 2021 or submit to weekly testing; and
    • all state hospital and long-term care employees to receive their first dose of the COVID-19 vaccine by September 27, 2021 (no testing alternative is available).
  • August 6, 2021: Acting Governor Susan Bysiewicz issues Executive Order 13B, which requires all long-term care facility employees to receive their first dose of the COVID-19 vaccine by September 7, 2021 and secure an appointment for the second dose. Long-term care facilities are subject to civil penalties of $20,000 per day for failing to maintain proper documentation of employee vaccination status and continuing to employ workers who do not comply with the vaccine requirement.
Local
  • December 14, 2022: City of Bridgeport updates its COVID-19 guidance to no longer require city employees to be vaccinated.
  • July 28, 2022: City of New Haven Department of Human Resources issues Revised Mandatory COVID Vaccination/Testing Policy, which continues to require city employees to provide proof of vaccination status but does not require unvaccinated employees to submit to weekly testing.
  • March 25, 2022: City of Stamford Mayor Caroline Simmons issues executive order revising the city employee vaccine mandate to:
    • require all new hires to receive the COVID-19 vaccine; and
    • suspend the weekly testing requirement for unvaccinated employees.
  • September 27, 2021: City of Bridgeport implements vaccine mandate, requiring all city employees to either:
    • become fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.
  • August 30, 2021: City of New Haven Mayor Justin Elicker issues emergency order requiring all city employees to either:
    • provide proof of full vaccination against COVID-19 by September 27, 2021; or
    • submit to weekly COVID-19 testing.
  • August 17, 2021: City of Stamford Mayor David Martin issues Executive Order requiring all city employees to either:
    • become fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.

Delaware

  • February 28, 2022: Governor John Carney announces that the vaccination or testing requirement for educators and state employees will expire February 28, 2022.
  • October 15, 2021: Delaware Health and Social Services issues Emergency Secretary's Order which, effective November 1, 2021, requires all employees, volunteers, and contractors working in public and private K-12 schools to either:
    • provide proof of full vaccination status against COVID-19; or
    • submit to weekly COVID-19 testing.
  • August 12, 2021: Governor Carney announces that beginning September 30, 2021, the following employees must provide proof of COVID-19 vaccination or submit to regular testing:
    • all state employees;
    • long-term health care employees; and
    • acute and outpatient providers.

District of Columbia

  • September 14, 2022: D.C. Mayor Muriel Bowser issues updated COVID-19 Vaccination Requirements, which no longer require district employees to provide proof of vaccination, submit negative test results, or seek accommodation in lieu of vaccination.
  • August 25, 2022: D.C. Superior Court grants motion for summary judgment, finding that Mayor Bowser lacked legal authority to impose a vaccine mandate on district employees and permanently enjoining the COVID-19 vaccine mandate on D.C. employees (Fraternal Order of Police et al. v. District of Columbia, No. 2022 CA 000584 B (D.C. Super. Ct. Aug. 25, 2022)).
  • February 14, 2022: D.C. Mayor Muriel Bowser issues Mayor's Order 2022-029 repealing Mayor's Order 2021-148, which required individuals to provide proof of vaccination before entering restaurants, bars, gyms, and other indoor facilities.
  • January 10, 2022: D.C. Department of Health issues Vaccination Entry Requirement Guidance and FAQ which, among other things, states that the vaccination mandate for restaurants and other indoor establishments does not apply to employees.
  • December 22, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-148 which, effective January 15, 2022, all patrons age 12 and over must provide proof of vaccination before entering:
    • restaurants, bars, and nightclubs;
    • indoor entertainment establishments;
    • indoor exercise and recreational establishments;
    • indoor event and meeting establishments; and
    • any other indoor establishment designated by the Director of the Department of Health.
  • December 20, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-147 which, among other things, will remove the testing alternative for D.C. government employees and require them to be fully vaccinated and obtain a COVID-19 booster.
  • September 20, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-109 which, effective November 1, 2021, requires all employees, contractors, and volunteers in all schools and child care facilities to be fully vaccinated against COVID-19 unless they have received an approved religious or medical exemption.
  • August 16, 2021: D.C. Mayor Bowser announces that beginning September 30, 2021, all health care workers must have obtained at least one dose of the COVID-19 vaccine, unless they have a medical or religious exemption.
  • August 10, 2021: D.C. Mayor Bowser issues Mayor's Order 2021-099 which, effective September 19, 2021, requires all employees and interns of D.C. agencies to either:
    • be fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing.

Florida

Statewide
  • May 11, 2023: Governor Ron DeSantis signs SB 252 which, effective June 1, 2023, prohibits employers and governmental entities (except healthcare providers) from:
    • requiring any person to provide proof of vaccination or postinfection recovery from COVID-19 or require a COVID-19 test as a condition of contracting, hiring, promotion, or continued employment;
    • discharging, refusing to hire, depriving a person of employment opportunities, adversely affecting a person's employment status, or otherwise discriminating against a person based on their knowledge or belief of the person's vaccination status, postinfection recovery from COVID-19, or refusal to take a COVID-19 test; or
    • requiring any person to wear a face mask, face shield, or any other facial covering that covers the mouth and nose.
  • November 18, 2021: Governor Ron DeSantis signs HB 1B which, among other things:
    • prohibits private employers, government entities, and educational institutions from imposing COVID-19 vaccination mandates;
    • allows all private employees to choose to be vaccinated or to claim an exemption for medical reasons (including pregnancy or anticipated pregnancy), religious reasons, COVID-19 immunity, or agreeing to periodic testing or use of employer-provided personal protective equipment; and
    • requires employers to pay the costs of COVID-19 testing and personal protective equipment for employee who claim vaccine exemptions.
  • August 8, 2021: Southern District of Florida grants preliminary injunction prohibiting Florida from enforcing § 381.00316, Fla. Stat. against cruise lines that establish policies requiring passengers to provide proof of COVID-19 vaccination (Norwegian Cruise Line Hldgs., Ltd. v. Rivkees, (S.D. Fla. Aug. 8, 2021)).
  • May 3, 2021: Governor DeSantis signs SB 2006 (adding § 381.00316, Fla. Stat.) which, among other things:
    • prohibits businesses, government entities, and educational institutions from requiring proof of COVID-19 vaccination to gain access to, enter, or receive services; and
    • allows the Governor to invalidate any emergency order issued by a political subdivision if the Governor determines that it unnecessarily restricts individual rights or liberties.
  • April 2, 2021: Governor DeSantis signs Executive Order 21-81, which prohibits businesses from requiring patrons or customers to provide any documentation certifying COVID-19 vaccination or post-transmission recovery to enter the business.
Local
  • September 7, 2021: City of Tampa Mayor Jane Castor issues Executive Order 2021-47 which, effective until December 6, 2021, requires all city employees to either:
    • become fully vaccinated against COVID-19 by September 30, 2021;
    • provide medical documentation evidencing the existence of COVID-19 antibodies every 90 days; or
    • provide negative COVID-19 test results every seven days.
  • July 28, 2021: Orange County Mayor Jerry Demings announces that all new and existing county government employees must be fully vaccinated against COVID-19 by September 30, 2021 unless they receive an approved health, religious, or other lawful exemption.

Georgia

Statewide
  • May 25, 2021: Governor Brian Kemp issues executive order, which prohibits:
    • state agencies from implementing a Vaccine Passport Program or requiring individuals to provide proof of COVID-19 vaccination as a condition of entering or conducting business with a state agency or receiving state services;
    • Vaccine Passport Programs to enter the state of Georgia;
    • state agencies from affording employment-related privileges, accommodations, or circumstances of employment based solely on COVID-19 vaccination status;
    • private employers from accessing or using any COVID-19 vaccination data held by the state for the purpose of a Vaccination Passport Program or to determine an individual's vaccination status; and
    • the sharing of data from the Georgia Registry of Immunization Transactions and Services with any public or private entity for the purpose of a Vaccine Passport Program or to determine an individual's vaccination status.
Local
  • September 27, 2021: Decatur City Manager Andrea Arnold announces that all city employees will be required to either:
    • become fully vaccinated against COVID-19 by November 30, 2021; or
    • submit to regular COVID-19 testing.

Hawaii

Statewide
  • March 1, 2022: Governor David Ige announces that state and county employees and visitors to state facilities will no longer be required to provide proof of vaccination status or negative COVID-19 test results as of March 26, 2022.
  • September 8, 2021: Governor Ige signs Executive Order 21-07 which, effective September 13, 2021, requires all contractors and visitors to state facilities and on state property to wear masks at all times and either provide:
    • proof of full vaccination status; or
    • negative COVID-19 tests on a weekly basis.
  • August 5, 2021: Governor Ige signs Emergency Proclamation requiring all state and county employees to either:
    • be fully vaccinated for COVID-19 by August 16, 2021; or
    • submit to once or twice weekly COVID-19 testing.
  • July 8, 2021: Hawaii's Safe Travels program allows fully vaccinated individuals to bypass the mandatory 10-day quarantine requirement without complying with pre-travel testing.
Local
  • February 28, 2022: Honolulu Mayor Rick Blangiardi announces that the Safe Access O'ahu vaccine requirement for employees and guests of indoor recreational and entertainment facilities will be lifted.
  • February 18, 2022: County of Maui Mayor Michael Victorino announces that the vaccination or testing requirement for indoor services will be lifted February 21, 2022.
  • October 11, 2021: County of Maui Mayor Victorino issues Public Health Emergency Rules which, among other things, requires:
    • all persons age 12 and over to either provide proof of full vaccination status or a negative COVID-19 test taken within 48 hours to enter restaurants and bars and gyms and fitness centers; and
    • all restaurant, bar, gym, and fitness center employees to either provide proof of COVID-19 vaccination or submit weekly negative COVID-19 test results.
  • August 30, 2021: Honolulu Mayor Blangiardi issues Emergency Order 2021-11 which, beginning September 13, 2021, requires:
    • all individuals age 12 and over to provide either proof of COVID-19 vaccination or a negative COVID-19 test to enter entertainment and recreational settings, restaurants and bars, and indoor gyms and fitness operations; and
    • all employees of entertainment and recreational entities, restaurants and bars, and indoor gyms and fitness centers to either provide proof of COVID-19 vaccination or submit weekly negative COVID-19 test results.

Idaho

Statewide
  • April 6, 2023: Governor Brad Little signs Coronavirus Stop Act (SB 1130) which, among other things, prohibits:
    • businesses from requiring coronavirus vaccination as a term of employment, unless required by federal law or a foreign jurisdiction to which the employee must travel;
    • businesses or governmental entities from providing different compensation or benefits based on coronavirus vaccination status;
    • businesses from denying services, products, or admission based on vaccination status; and
    • state, county, or local government entities from requiring a person to receive a coronavirus vaccination unless required by federal law.
  • April 7, 2021: Governor Brad Little signs Executive Order 2021-04, which prohibits the state from:
    • requiring individuals to provide proof of COVID-19 vaccination status as a condition of accessing state services or facilities;
    • producing and issuing COVID-19 vaccine passports for the purpose of certifying that individuals have received the COVID-19 vaccine; and
    • providing information of an individual's COVID-19 vaccine status to any person, company, or governmental entity for inclusion in a COVID-19 vaccine passport program.
Local
  • December 16, 2021: Boise Mayor Lauren McLean announces that, effective January 3, 2022, all newly hired city employees must be fully vaccinated against COVID-19.
  • November 8, 2021: Adams County Commissioners pass County Ordinance 2022-02 which, effective December 8, 2021, makes it a misdemeanor subject to a $2,000 fine and up to one year in prison for:
    • any person or entity to refuse, withhold from, or deny services, goods, facilities, or employment opportunities based on a person's vaccination status;
    • employers to refuse employment to or discriminate against a person based on their vaccination status;
    • public accommodations to exclude or discriminate against a person based on their vaccination status; and
    • individuals to be required to receive any vaccine that is allowed under an emergency use authorization or undergoing safety trials.

Illinois

Statewide
  • August 29, 2022: Seventh Circuit affirms the Northern District of Illinois' denial of a preliminary injunction against the vaccine mandate for health care workers, preK-12 school personnel, higher education personnel, and higher education students (Lukaszczyk v. Cook Cty., (7th Cir. Aug. 29, 2022)).
  • January 13, 2022: Illinois Department of Labor announces that due to the US Supreme Court's decision regarding the OSHA Vaccination and Testing Emergency Temporary Standard, it will stay enforcement of the rule.
  • January 7, 2022: Illinois Department of Labor announces that it has adopted the Federal OSHA Vaccination and Testing Emergency Temporary Standard and that employers have until:
    • January 24, 2022 to develop a workplace policy regarding vaccination and testing; and
    • February 24, 2022 to establish and implement their policy.
  • November 8, 2021: Governor J.B. Pritzker signs SB 1169, which amends the Health Care Right of Conscience Act to state that it is not a violation of the Act for any person or entity to implement and enforce measures to reduce the risk of COVID-19 transmission.
  • October 22, 2021: Governor Pritzker issues Executive Order 2021-28, which requires all licensed day care center employees to either:
    • receive their first COVID-19 vaccine dose by December 3, 2021 and their second dose by January 3, 2022; or
    • submit to weekly COVID-19 testing.
  • September 3, 2021: Governor Pritzker issues Executive Order 2021-22 (superseding Executive Order 2021-20), which requires all health care workers, preK-12 school personnel, higher education personnel, and higher education students to either:
    • receive their first dose of the COVID-19 vaccine by September 19, 2021 and be fully vaccinated within 30 days of the first dose;
    • or submit to weekly COVID-19 testing.
  • December 21, 2021: Northern District of Illinois denies request for preliminary injunction against the vaccine mandate, finding that plaintiffs were unlikely to succeed on either their substantive or procedural due process claims and failed to demonstrate that they would suffer irreparable harm (Troogstad et al. v. City of Chicago & Governor Pritzker, (N.D. Ill. Dec. 21, 2021)).
  • September 3, 2021: Governor Pritzker issues Executive Order 2021-22, which requires all health care workers, preK-12 school personnel, higher education personnel, and higher education students to either:
    • receive their first dose of the COVID-19 vaccine by September 19, 2021 and be fully vaccinated within 30 days of the first dose; or
    • submit to weekly COVID-19 testing.
  • August 4, 2021: Governor Pritzker announces that all employees at state-operated congregate living facilities will be required to receive the COVID-19 vaccine by October 4, 2021.
  • NOTE: The vaccine deadline for state-operated living facility employees has been extended until November 30, 2021 (see Executive Orders 2021-23 and 2021-27).
Local
  • April 19, 2023: Illinois Labor Relations Board overturns the Chicago city employee vaccine mandate for unionized employees, holding that unvaccinated workers that were fired must be reinstated and paid for any lost wages and benefits (Coalition of Unionized Pub. Emps et al. v. City of Chicago, L-CA-22-014 (Ill. Lab. Relations Bd. Apr. 19, 2023)).
  • August 29, 2022: Seventh Circuit affirms the Northern District of Illinois' denial of a preliminary injunction against the vaccine mandate for City and County of Chicago employees (Lukaszczyk v. Cook Cty., (7th Cir. Aug. 29, 2022)).
  • May 3, 2022: Cook County Bureau of Human Resources issues updated Mandatory COVID-19 Vaccination policy requiring all Cook County employees to be fully vaccinated against COVID-19 unless they are granted a medical or religious exemption. The policy requires all employees that are granted an exemption to submit to weekly PCR tests.
  • February 28, 2022: Cook County Department of Health issues Order No. 2022-1, repealing the vaccine requirement for guests and employees of indoor establishments pursuant to Order No. 2021-11.
  • February 22, 2022: Chicago Mayor Lori Lightfoot announces that the citywide vaccine mandate to enter restaurants, gyms, and entertainment and recreation venues will be lifted on February 28, 2022.
  • December 23, 2021: Cook County Department of Health issues Order No. 2021-11, which requires:
    • all persons age five and over to show proof of vaccination before entering food and drink establishments and health and fitness centers; and
    • employees of food and beverage establishments and health and fitness centers to be fully vaccinated or provide weekly negative COVID-19 tests.
  • December 21, 2021: Northern District of Illinois denies request for preliminary injunction against the vaccine mandate for city employees, finding that plaintiffs were unlikely to succeed on either their substantive or procedural due process claims and failed to demonstrate that they would suffer irreparable harm (Troogstad et al. v. City of Chicago & Governor Pritzker, (N.D. Ill. Dec. 21, 2021)).
  • December 21, 2021: Chicago Health Commissioner issues order requiring all individuals age five and over to provide proof of full vaccination before entering:
    • food or beverage establishments;
    • gyms and fitness venues; and
    • entertainment and recreation venues in areas where food and beverages are served.
  • November 15, 2021: City of Evanston implements Mandatory COVID-19 Vaccination Policy requiring all city employees, contractors, volunteers, and interns to either become fully vaccinated against COVID-19 or submit to weekly testing, unless they are granted an exemption for:
    • a medical condition;
    • sincerely held religious belief; or
    • a recent positive COVID-19 test or treatment.
  • October 8, 2021: Chicago Mayor Lori Lightfoot updates the city employee vaccine policy, which now requires employees to either:
    • become fully vaccinated against COVID-19 by October 15, 2021; or
    • undergo COVID-19 testing on a twice weekly basis on their own time and at their own expense until December 31, 2021, at which time they must be fully vaccinated unless they have an approved medical or religious exemption.
    • November 1, 2021: Cook County Circuit Judge grants temporary restraining order staying the December 31, 2021 vaccine deadline only for Chicago Police Department union employees until arbitration under their collective bargaining agreements is complete (Fraternal Order of Police Chicago Lodge No. 7 v. City of Chicago, No. 2021 CH 5276 (Cook Cty. Cir. Ct. Nov. 1, 2021)). The city's vaccine mandate remains in effect for all other covered employees.

Indiana

  • March 3, 2022: Governor Eric Holcomb signs HB 1001, which prohibits employers from imposing COVID-19 vaccine mandates unless they provide individual exemptions for employees based on:
    • medical reasons;
    • religious reasons; or
    • prior COVID-19 immunity.
  • April 29, 2021: Governor Holcomb signs HB 1405 which, among other things, prohibits the state or local unit from issuing vaccine passports.

Iowa

  • January 7, 2022: Iowa Labor Commissioner Rod Roberts submits notice that Iowa will not be adopting or enforcing the federal OSHA Vaccination and Testing Emergency Temporary Standard.
  • October 29, 2021: Governor Kim Reynolds signs House File 902, which states that employees who are discharged from employment because they refused to comply with an employer's vaccine requirement may still receive unemployment benefits. The law also requires employers that mandate COVID-19 vaccines for their employers to waive the requirement if the employee requests a waiver and submits either:
    • a statement that receiving the vaccine would be injurious to the health and well-being of the employee or someone residing with the employee; or
    • a statement that receiving the vaccine would conflict with the tenets and practices of the employee's religion.
  • May 20, 2021: Governor Reynolds signs House File 889, which prohibits businesses and governmental entities from requiring individuals to provide proof of COVID-19 vaccination status before entering the premises.

Kansas

  • November 23, 2021: Governor Laura Kelly signs HB 2001, which requires employers that implement COVID-19 vaccine requirements to exempt any employee who submits a written waiver request stating that the requirement would:
    • endanger the life or health of the employee or an individual residing with the employee, as evidenced by an accompanying written physician statement; or
    • violate the employee's sincerely held religious beliefs, including theistic and non-theistic moral and ethical beliefs.
  • May 21, 2021: Governor Kelly signs SB 159, which prohibits state agencies from:
    • issuing COVID-19 vaccine passports;
    • requiring individuals to use COVID-19 vaccine passports for any purpose; and
    • denying housing or refusing access to public places based on an individual's vaccination status.

Kentucky

  • August 2, 2021: Governor Andy Beshear announces that any employee of a state-operated health care facility who is not fully vaccinated against COVID-19 by October 1, 2021 must submit to COVID-19 testing at least twice per week.

Louisiana

Statewide
  • January 7, 2022: Louisiana Supreme Court holds that absent any violation of federal and state law, private employers may terminate at-will employees for failing to comply with COVID-19 vaccine mandates (Hayes v. Univ. Health Shreveport, LLC, (La. Jan. 7, 2022) (rejecting healthcare employees' wrongful termination claims based on refusing to consent to medical treatment and invasion of privacy)).
  • Vaccine mandates are neither required nor prohibited. However, Governor John Bel Edwards has vetoed three bills related to prohibiting vaccine mandates.
Local
  • March 21, 2022: City of New Orleans lifts vaccine requirement to enter certain indoor establishments.
  • January 3, 2022: City of New Orleans updates August 12, 2021 COVID-19 Vaccination/Testing Guidelines for attending certain establishments and events to require individuals age five and over to either:
    • provide proof of at least one dose of the COVID-19 vaccine and proof of both doses by February 1, 2022; or
    • a negative COVID-19 test taken within 72 hours before entry.
  • August 12, 2021: City of New Orleans Health Department issues Guidelines for COVID-19 Reopening which require, among other things, all individuals to provide either proof that they have received at least one vaccine dose or a negative COVID-19 PCR test before entering:
    • indoor dining establishments;
    • indoor fitness facilities;
    • indoor entertainment or performance venues; and
    • outdoor events of more than 500 people at more than 50% capacity.

Maine

  • September 5, 2023: Maine Department of Health and Human Services adopts new regulation repealing the COVID-19 vaccine requirement for health care workers.
  • January 14, 2022: Maine Board of Occupational Safety and Health announces that following the US Supreme Court's decision to vacate the OSHA vaccination mandate, it is canceling its special meeting to discuss adopting the mandate for public sector employees.
  • September 17, 2021: Maine Department of Labor announces that state public sector employers will be subject to the federal OSHA vaccination mandate, which will require all public sector employers with 100 or more employees to either:
    • show proof of full COVID-19 vaccination; or
    • submit to weekly testing.
  • August 12, 2021: Governor Janet Mills announces that all health care workers, including emergency medical services and dental practice employees, to be fully vaccinated against COVID-19 by October 1, 2021.
    • May 25, 2023: First Circuit holds that accommodating plaintiff healthcare workers' requests for religious exemptions from Maine's COVID-19 vaccine mandate would have imposed substantial risks on healthcare provider employers, including onerous penalties and license suspension, which would have caused undue hardship. Therefore, those employers did not violate Title VII's prohibition against religious discrimination. The court also concluded that plaintiffs plausibly pled that a Maine statute mandating that healthcare workers be vaccinated against COVID-19 violated Free Exercise Clause by alleging that the statute allowed some unvaccinated individuals to work in healthcare facilities based on medical exemptions while refusing to permit individuals to continue working while unvaccinated for religious reasons. (Lowe v. Mills, (1st Cir. May 25, 2023).)
    • October 13, 2021: US District Court for the District of Maine denies motion for preliminary injunction, allowing the health care vaccine mandate to stand despite not allowing for religious exemptions (Jane Does 1-6 et al. v. Mills, (D. Me. Oct. 12, 2021)).
    • October 19, 2021: US Supreme Court Justice Stephen Breyer rejects plaintiffs' emergency appeal, allowing the case to continue in the U.S. Court of Appeals for the First Circuit (Jane Does 1-6 et al. v. Mills, No. 21A83 (US Oct. 19, 2021)).
    • October 19, 2021: US Court of Appeals for the First Circuit affirms the denial of the preliminary injunction (Jane Does 1-6 et al. v. Mills, (1st Cir. Oct. 19, 2021)).
    • October 29, 2021: US Supreme Court rejects plaintiffs' application for injunctive relief, allowing the health care vaccine mandate to stand without an allowance for religious exemptions (Jane Does 1-6 et al. v. Mills, (US Oct. 29, 2021)).
    • November 10, 2021: Governor Mills issues Health Care Worker Vaccination FAQs, which provide information on the organizations and employees subject to the immunization rule, exceptions and exemptions allowed, and means of reporting and enforcing the rule.
    • February 22, 2022: US Supreme Court denies plaintiffs' petition for certiorari (Does 1-3 et al. v. Mills, (US Feb. 22, 2022)).

Maryland

Statewide
  • January 18, 2023: Maryland Department of Health issues Amended Directive and Order Regarding Vaccination Matters, which extends the COVID-19 vaccination requirement until the sooner of the federal public health emergency ending or April 18, 2023 for:
    • state hospital staff.
    • state nursing home staff.
    • state correctional facility staff.
    • staff at other congregate living facilities identified by the Department of Health.
  • August 18, 2021: Maryland Department of Health issues Order No. 2021-08-18-01, which requires all state hospital, nursing home, and correctional facility employees to either:
    • complete the full COVID-19 shot regiment, including any booster shot; or
    • submit to weekly COVID-19 testing and wear appropriate personal protective equiement in the facility.
  • August 5, 2021: Maryland Department of Health issues directive which, effective September 1 through December 31, 2021, requires all state workers in congregate settings to either:
    • receive their first dose of the COVID-19 vaccine; or
    • submit to COVID-19 testing at least once per week and wear appropriate personal protective equipment as determined by each facility's management.
Local
  • August 31, 2021: Baltimore Mayor Brandon Scott announces that beginning October 18, 201, all city employees must either:
    • provide proof of full vaccination; or
    • produce negative COVID-19 tests on a weekly basis.
  • August 30, 2021: Montgomery County Office of Human Resources announces that all new Montgomery County employees hired after August 30, 2021 will be required to be vaccinated before beginning employment.

Massachusetts

Statewide
  • September 12, 2023: Massachusetts Department of Public Health issues updated COVID-19 vaccine guidance rescinding the vaccine requirement for home health agencies and continuous skilled nurses.
  • May 11, 2023: Massachusetts Human Resources Division rescinds the COVID-19 vaccination requirement for executive employees.
  • January 6, 2022: Massachusetts Department of Public Health issues Public Health Emergency Order No. 2022-01 requiring all home care workers and long-term care facility, hospice, and assisted living residence employees to receive their COVID-19 booster shot by February 28, 2022.
  • September 1, 2021: Governor Charlie Baker announces that all home care workers and all employees of rest homes, assisted living residences, and hospice programs must be fully vaccinated by October 31, 2021, unless they qualify for a medical or religious exemption.
  • August 19, 2021: Governor Baker issues Executive Order 595, which requires all executive department employees to be fully vaccinated against COVID-19 by October 17, 2021, unless they have a medical or religious exemption. Employees who are not vaccinated or approved for an exemption will be subject to disciplinary action, up to and including termination.
  • August 4, 2021: Massachusetts Department of Public Health issues Public Health Emergency Order No. 2021-4 requiring all nursing home employees to be fully vaccinated against COVID-19 by October 10, 2021.
Local
  • May 11, 2023: Boston ends its COVID-19 vaccine mandate for city employees.
  • March 30, 2023: Massachusetts Supreme Judicial Court upholds Boston's amendment to its vaccine mandate for city employees, which removed testing as an alternative to vaccination (Boston Firefighters Union, Local 718, Int'l Ass'n of Fire Fighters, AFL-CIO v. City of Boston, 205 N.E.3d 282 (Mass. 2023)).
  • May 11, 2022: Worcester City Manager Edward Augustus, Jr. issues order rescinding the COVID-19 vaccination employees for all city employees.
  • February 18, 2022: Boston Mayor Michelle Wu announces that the B Together policy requiring proof of vaccination to enter certain indoor establishments will be lifted effective immediately.
  • December 20, 2021: Boston Mayor Wu announces B Together policy, which requires all patrons in certain indoor spaces, including indoor dining, fitness and entertainment establishments, to provide proof of vaccination before entering the premises according to the following timeline:
    • persons age 12 and over must provide proof of at least one vaccine dose by January 15, 2022 and full vaccination by February 15, 2022; and
    • persons age 5-11 must provide proof of at least one vaccine dose by March 1, 2022 and full vaccination by May 1, 2022.
  • December 20, 2021: Boston Mayor Wu announces that the testing option for city employees will be removed and that all city employees must provide proof of COVID-19 vaccination unless granted a reasonable accommodation for medical or religious reasons. Boston city employees must provide proof of receiving:
    • the first dose of the COVID-19 vaccine by January 15, 2022; and
    • the second dose of the COVID-19 vaccine by February 15, 2022.
  • September 17, 2021: Worcester City Manager Edward Augustus, Jr. issues Executive Order requiring all city employees to either:
    • become fully vaccinated against COVID-19 by November 1, 2021; or
    • submit to weekly COVID-19 testing.
  • August 16, 2021: Acting Boston Mayor Kim Janey announces that all city employees must either provide:
    • proof of full vaccination by October 18, 2021 (and earlier for certain occupations); or
    • a negative COVID-19 test result every week.

Michigan

  • July 20, 2022: Governor Gretchen Whitmer signs HB 3783 (2022-23 Appropriations Bill) which, among other things:
    • prohibits state agencies, except for healthcare facilities, from implementing COVID-19 vaccine mandates for employees;
    • prohibits state agencies from taking any negative employment consequence or retaliating against any individual because of their vaccine status; and
    • requires state agencies subject to a federal vaccine mandate to provide exemptions to individuals who provide physician certification that the COVID-19 vaccine may be detrimental to their health or who provides a written statement opposing the COVID-19 vaccine due to religious convictions.
  • September 29, 2021: Governor Gretchen Whitmer signs SB 82 (2022 Appropriations Bill) which, among other things:
    • prohibits state agencies, except for healthcare facilities, from implementing COVID-19 vaccine mandates for employees;
    • prohibits state agencies from taking any negative employment consequence or retaliating against any individual because of their vaccine status; and
    • requires state agencies subject to a federal vaccine mandate to provide exemptions to individuals who provide physician certification that the COVID-19 vaccine may be detrimental to their health or who provides a written statement opposing the COVID-19 vaccine due to religious convictions.

Minnesota

Statewide
  • May 24, 2022: Minnesota's COVID-19 vaccine requirement for state agency employees expires.
  • January 13, 2022: Minnesota OSHA announces that in light of the US Supreme Court stay of the federal OSHA Vaccination and Testing ETS, it will suspend enforcement of the rule.
  • January 3, 2022: Minnesota OSHA adopts the federal OSHA Vaccination and Testing Emergency Temporary Standard and notes that it will follow federal OSHA's timeline regarding compliance and enforcement.
  • August 11, 2021: Governor Tim Walz announces that all state agency employees working in person must become fully vaccinated by September 8, 2021 or submit to COVID-19 testing at least once per week. The Department of Management and Budget has issued guidance to agency staff regarding the directive that includes employee forms to consent to testing and attest to their vaccination status.
Local
  • October 7, 2022: St. Paul Mayor Melvin Carter lifts the COVID-19 vaccine policy for city employees effective immediately and announces that:
    • COVID-19 testing costs will no longer be reimbursed; and
    • city employees can continue to use emergency pandemic leave to get vaccinated through December 31, 2022.
  • September 14, 2022: Minneapolis Mayor Jacob Frey adopts new COVID-19 policy that resinds the requirement for city employees to show proof of COVID-19 vaccination or submit to regular testing.
  • February 10, 2022: Mayors of Minneapolis and St. Paul rescind emergency regulations requiring people entering food and drink establishments to show proof of COVID-19 vaccination or a negative test.
  • January 14, 2022: Mayors of Minneapolis and St. Paul both issue Emergency Regulation 2022-5, which amends Emergency Regulation 2022-4 to no longer require employers of businesses that are public accommodation spaces to comply with the OSHA ETS vaccination or testing requirement.
  • January 12, 2022: Mayors of Minneapolis and St. Paul both issue Emergency Regulations 2022-4 which require:
    • all employers of businesses that are public accommodation spaces to comply with the OSHA ETS and ensure that all employees either provide proof of COVID-19 vaccination or submit to weekly testing;
    • effective January 19, 2022, all persons to provide either proof of COVID-19 vaccination or a negative COVID-19 test before entering establishments where food and drinks are served; and
    • effective January 26, 2022, all persons to provide either proof of COVID-19 vaccination or a negative COVID-19 test before entering a ticketed event at a public accommodation space where eating and drinking will take place.
  • October 21, 2021: St. Paul Mayor Carter announces that all city employees must be fully vaccinated by December 31, 2021 unless they qualify for an accommodation or a religious exemption.
  • September 8, 2021: Minneapolis Mayor Frey adopts COVID-19 Testing and Proof of Vaccination Policy, which requires all city employees to either become fully vaccinated against COVID-19 or submit to regular testing.
  • August 17, 2021: Hennepin County Board adopts Board Resolution No. 21-0333, which requires all county employees to either:
    • provide proof of vaccination by October 1, 2021; or
    • submit to regular COVID-19 testing and any other alternative infection control measures deemed necessary by the county.
  • October 7, 2021: The county vaccine requirement is extended to contractors whose employees or subcontractors perform services indoors in county facilities.

Mississippi

Statewide
  • April 21, 2022: Governor Tate Reeves signs HB 1509 which, among other things, prohibits:
    • public and private employers from requiring employees to receive a COVID-19 vaccine if they have a sincerely held religious objection; and
    • state agencies, public officials, state institutions for higher learning, public colleges, counties, and municipalities from denying employment to or discriminating against a person based on their COVID-19 vaccination status.
Local
  • September 16, 2021: City of Jackson Mayor Chokwe Lumumba issues amended Executive Order extending the deadline for city employees to be vaccinated to October 15, 2021.
  • August 23, 2021: City of Jackson Mayor Lumumba issues amended Executive Order to require all city contractors and subcontractors to either:
    • provide proof of vaccination by August 31, 2021; or
    • submit to weekly testing at their own cost and wear face coverings at all times in the workplace.
  • August 11, 2021: City of Jackson Mayor Lumumba issues Executive Order requiring all city employees to either:
    • provide proof of vaccination by August 31, 2021; or
    • submit to weekly testing at their own cost and wear face coverings at all times in the workplace.

Missouri

Statewide
  • October 28, 2021: Governor Mike Parson issues Executive Order 21-10, which:
    • directs all executive branch agencies, boards, commissions, and other entities to fully and timely cooperate with the state attorney general regarding any litigation opposing any federal COVID-19 vaccine mandate;
    • prohibits all executive agencies, boards, commissions, and other entities from compelling any individual to receive the COVID-19 vaccine if they object due to sincerely held religious beliefs or medical reasons; and
    • prohibits all executive agencies, boards, commissions, and other entities from imposing any penalty on an individual or business for non-compliance with any federal COVID-19 vaccine mandate if the non-compliance is based on a sincerely held religious belief or medical reasons.
  • June 15, 2021: Governor Parson signs HB 271 which, among other things, prohibits county or municipal governments from requiring proof of COVID-19 vaccination status to access public services.
Local
  • September 15, 2021: St. Louis County Council passes ordinance which, effective October 1, 2021, requires all county employees to either:
    • become fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing and wear a face covering when inside any building owned or operated by the county.
  • August 18, 2021: City of St. Louis Mayor Tishaura Jones announces that, effective October 15, 2021, all city employees must either:
    • be fully vaccinated against COVID-19; or
    • submit to weekly COVID-19 testing by the City Department of Health.

Montana

  • December 9, 2022: US District Court for the District of Montana permanently enjoins enforcement of HB 702 (Mont. Code Ann. § 49-2-312) in healthcare settings, finding that the prohibited discrimination based on vaccination status is preempted by federal law and unconstitutional as applied to healthcare settings (Montana Med. Ass'n v. Knudsen, (D. Mont. Dec. 9, 2022)).
  • November 16, 2021: Governor Greg Gianforte reaffirms Montana law banning COVID-19 vaccination mandates, stating that "no employer in our state should use President Biden's OSHA rule, now halted by a federal court, as a basis for imposing illegal vaccination requirements on employees."
  • July 28, 2021: Montana Department of Labor & Industry releases House Bill 702 FAQs, which clarify that government entities, public accommodations, and employers may:
    • ask individuals about their vaccination status but cannot require them to respond or discriminate against them for not responding;
    • offer vaccine incentives so long as they are not so substantial to be coercive; and
    • not discriminate against unvaccinated individuals by requiring them to wear a mask, but may require everyone to wear a mask as long as reasonable accommodations are allowed for religious beliefs and disabilities.
  • May 7, 2021: Governor Gianforte signs HB 702, which states that a person's vaccination status is a protected category and prohibits employee vaccine mandates. Effective July 1, 2021, it is an unlawful discriminatory practice for:
    • a person or governmental entity to refuse, withhold from, or deny access to services, goods, facilities, educational and employment opportunities, or health care access based on the person's vaccination status;
    • an employer to refuse employment to or discriminate against a person regarding employment terms or condition based on the person's vaccination status; and
    • a public accommodation to exclude, limit, segregate, refuse to serve, or discriminate against a person based on their vaccination status.

Nebraska

  • February 28, 2022: Governor Pete Ricketts signs LB 906, which requires all employers with COVID-19 vaccine mandates to:
    • provide an exemption to any employee who completes an exemption form for medical or religious reasons; and
    • pay for any COVID-19 testing the employer may require for exempt employees.
  • October 29, 2021: Governor Ricketts issues Executive Order 21-16, which:
    • prohibits all cabinet executive branch agencies from requiring any person to receive the COVID-19 vaccination; and
    • directs all cabinet executive branch agencies to immediately notify the governor's office if any federal agency attempts to require a COVID-19 vaccination mandate.
  • March 31, 2021: Governor Ricketts issues statement that Nebraska will not participate in any vaccine passport program because it violates freedom of movement and healthcare privacy.

Nevada

  • June 30, 2022: Nevada Board of Regents votes to repeal the COVID-19 vaccine requirement for all Nevada System of Higher Education (NSHE) employees.
  • March 22, 2022: Governor Steve Sisolak issues memorandum rescinding the state employee COVID-19 vaccination or testing policy.
  • January 14, 2022: Nevada OSHA issues updated COVID-19 enforcement guidance stating that it will not take any action regarding the OSHA Vaccination and Testing Emergency Temporary Standard in light of the US Supreme Court injunction.
  • December 30, 2021: NSHE maintains COVID-19 Vaccine Requirement, stating that any NSHE employee who is not vaccinated and does not have an approved exemption will be terminated effective December 31, 2021.
  • December 27, 2021: Nevada OSHA issues COVID-19 enforcement update regarding the federal OSHA Vaccination and Testing Emergency Temporary Standard stating that it:
    • must respond to federal OSHA with an intent to adopt the ETS by January 7, 2022;
    • must adopt the ETS by January 24, 2022; and
    • will exercise enforcement discretion