Updates
Updates
A Toolkit of Federal Guidance for Developing a Workplace COVID-19 Vaccination Program
In recent weeks, a growing conversation has unfolded about COVID-19 vaccine mandates in the workplace. This conversation was further thrust into the spotlight last night, on September 9, 2021, when President Biden outlined a far-reaching COVID-19 Action Plan, which particularly seeks vast vaccine mandates in the workplace.
For employers, implementing a vaccine policy can be intimidating given the variety of state and federal regulators who have issued guidance on the subject. Additionally, a COVID-19 vaccine mandate may carry an extra threat of workplace polarization of which many employers are understandably wary. The purpose of this Client Alert is to summarily outline a toolkit of federal guidance, including President Biden’s COVID-19 Action Plan, that an employer may consult, in part, when considering whether to implement a COVID-19 vaccine program in their workplace. Please note, all numbered headings below are hyperlinked.
OSHA’s Issues New COVID-19 Emergency Temporary Standards for Healthcare Industry and Additional COVID-19 Guidance for Other Industries
On June 10, 2021, the U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) unveiled its long-awaited emergency temporary standard (“ETS”) for curbing health and safety risks associated with COVID-19. Significantly, the ETS has a limited reach as it is required for only the healthcare industry with some exceptions. Unlike previous OSHA guidance, the ETS is a mandatory rule for covered employers.
US SUPREME COURT LIMITS PUBLIC SCHOOL DISTRICTS’ REGULATION OF OFF-CAMPUS STUDENT SPEECH
In a decision that is sure to draw the attention of students, parents, and school administrators, on Wednesday, June 23, 2021, the United Stated Supreme Court held that a Pennsylvania school district violated a student’s First Amendment rights when it disciplined her for posting vulgar language and gestures on social media from an off-campus location. While finding in favor of the student based on the particular facts of the case, the Court also addressed potential circumstances where a student’s off-campus conduct could be grounds for discipline, thereby leaving open the possibility that future cases could be decided differently.
MASSACHUSETTS AMENDS THE OPEN MEETING LAW TO TEMPORARILY ALLOW A PUBLIC BODY TO HOLD MEETINGS THROUGH REMOTE PARTICIPATION UNTIL APRIL 1, 2022
Today the Governor signed Chapter 20 of the Acts of 2021, which authorizes remote participation for all public bodies until April 1, 2022. This temporary measure provides public bodies with the time needed to orderly transition from fully remote meetings to in-person meetings. In response to public demand and interest from cities and towns, the General Court will take this time to determine whether remote participation is here to stay.
HALFWAY THERE: THE MASSACHUSETTS SENATE PASSES TEMPORARY EXTENSION FOR REMOTE PARTICIPATION; WILL THE MASSACHUSETTS HOUSE FOLLOW SUIT?
Thursday afternoon, June 10, 2021, the Senate, acting at warp speed, voted on amendments to S. 2467, the municipal relief legislation which includes provisions continuing the authority for remote meetings for all public bodies. The Senate passed several amendments, and then passed the bill to be engrossed, with an Emergency Preamble, so it could be effective immediately if passed by both chambers and signed by the Governor. The engrossed bill, reprinted as S. 2472, was sent over to the House later on Thursday afternoon.
AS MASSACHUSETTS REOPENS, TEMPORARY RELIEF TO HOLD REMOTE PUBLIC MEETINGS MAY ARRIVE BY THE END OF THE WEEK
On May 17, 2021, Governor Baker announced that the State of Emergency in Massachusetts will end on June 15, 2021. With this announcement comes the end of the authority allowing a quorum of any public body to meet remotely, unless the Massachusetts General Court takes timely action to amend the Open Meeting Law. Legislation extending this temporary authority beyond the June 15, 2021 deadline is pending in the Senate, and could be through to the Governor for signature by the end of the week.
Massachusetts COVID-19 Emergency Paid Sick Leave
On May 28, 2021, Governor Baker signed into law an Act providing for Massachusetts COVID-19 emergency paid sick leave, the text of which can be found at https://malegislature.gov/Bills/192/H3702/House/Bill/Text. This law took effect immediately on May 28, 2021. The law directs federal funds received by the Commonwealth in response to the COVID-19 public health emergency into the new COVID-19 Emergency Paid Sick Leave Fund. A website has been established regarding this new leave, which can be found here – https://www.mass.gov/info-details/covid-19-temporary-emergency-paid-sick-leave-program.
EEOC Announced Opening of EEO-1 Data Collection Period for 2019 and 2020 EEO-1 Data Collection to begin on Monday, April 26, 2021
The Equal Employment Opportunity Commission (“EEOC”) announced that the EEO-1 Component 1 data collection for 2019 and 2020 will open on Monday, April 26, 2021. Private-sector employers with 100 or more employees and federal contractors with fifty (50) or more employees are legally obligated to file EEO-1 reports that consist of data regarding the demographic representation of their workforce. In 2020, the EEOC delayed the opening of the 2019 EEO-1 Component data collection due to the COVID-19 pandemic. However, employers may begin filing their EEO-1 data beginning on Monday, April 26, 2021.
The American Rescue Plan Act’s Aid Allocations to State, Local Governments, and Schools
On March 11, 2021, President Biden signed the American Rescue Plan Act (“ARPA”) which provides for a $1.9 trillion economic stimulus package. State and local governments, and also many educational entities, will receive substantial funding. Having endured the last year of the global COVID-19 pandemic, both states and local governments, as well as schools, have experienced unexpected expenses, losses in revenues, and budgetary burdens. The purpose of this Client Alert is to explain generally how funds from the ARPA relief aid have been designated to alleviate those COVID-19-related challenges.
American Rescue Plan Act of 2021
On March 11, 2021, President Biden signed the American Rescue Plan Act of 2021 (the “Act” or “ARPA”), which is a $1.9 trillion economic stimulus package. A stimulus package of this size will undoubtedly have economic ripple effects in every corner of American society. This Client Alert highlights the support ARPA provides for individuals and workers as a result of the ongoing COVID-19 pandemic.
Statutory Regulations Released for Interagency Review of Complex Cases
On March 1, 2024, EOHHS and DESE released the long-awaited, final adoption of the regulations governing the Interagency Review of Complex Cases (published as 101 CMR 27.00). These regulations had been anticipated since the Massachusetts Legislature passed “An Act Addressing Barriers to Care for Mental Health” in August, 2022. The purpose of the law is the establishment of a team that will collaborate on complex cases where there is an urgent need to address a lack of consensus between state agencies about the service needs or placement of an individual. This replaces what was known as the Unified Planning Team, or “UPT”. The co-chairs of the IRT will be the secretary (or a designee) from EOHHS and the commissioner (or a designee) of DESE.
U.S. DEPARTMENT OF EDUCATION ISSUES REVISED TITLE IX REGULATIONS
On April 19, 2024, the United States Department of Education (“DOE”) issued final regulations for Title IX of the Education Amendments of 1972 (“Title IX”). Title IX prohibits discrimination based on sex in education programs or activities receiving federal financial assistance. The new regulations go into effect on August 1, 2024, so school districts are encouraged to review their policies and procedures and provide staff training on these new regulations as soon as possible. The final regulations continue to list specific elements that must be included in any policy, such as range of disciplinary actions, standards of evidence, and procedures. The DOE has provided template policies here: https://www2.ed.gov/about/offices/list/ocr/docs/resource-nondiscrimination-policies.pdf and Murphy, Hesse, Toomey & Lehane will be creating model policies and notice letters as well.
Braintree, MA
50 Braintree Hill Office Park, Suite 410,
Braintree, MA 02184
Boston, MA
75-101 Federal Street
Boston, MA 02110
Tel: (617) 479-5000
Tel: (888) 841-4850
Fax: (617) 479-6469
Quincy, MA
Crown Colony Plaza
300 Crown Colony Drive, Suite 410
P.O. Box 9126
Quincy, MA 02169-9126
Join Our Newsletter
By submitting this form, you are consenting to receive marketing emails from: . You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact