1.     Vaccine Mandates: The federal vaccine mandates are still in limbo as they make their way through the court system and ultimately to the U.S. Supreme Court.  And, while the Supreme Court has upheld state and local vaccine mandates, it is unclear whether it will permit the Biden administration to require millions of Americans to get the COVID vaccine.  On January 7, 2022, the Court is scheduled to hear oral arguments on two federal vaccine mandates – the mandate for health care workers and the vaccine-or-testing mandate for large employers (100+ employees).

This is obviously a closely watched issue that will impact countless businesses.  As we await a final decision, it would be wise for your business to be prepared if the Court allows federal mandates do go into effect this year.

2.     Updated Quarantine Guidance: The CDC has recently updated its guidance on quarantine time and mask wearing.  Now, the CDC recommends that people who test positive for COVID should quarantine for five days, as opposed to the previously advised 10 days.  If, after five days, no symptoms are evident, the person can return to normal activities but should wear a mask when around others for at least five more days.  If symptoms persist after isolating for five days, however, the person should continue to isolate until the symptoms subside and then wear a mask at all times around others for five days.

For anyone who is exposed to COVID (but not infected by it) and is either not vaccinated or more than 6 months out of receiving their second shot and not boosted, the CDC recommends quarantining for five days followed by strict mask use for the next five days.  Anyone exposed but who has received their booster does not need to isolate but should wear a mask for 10 days following exposure.

CDC guidelines are changing at a rapid pace.  It is important to keep up to date on the latest recommendations in order to try to keep your employees safe.  Your business should, at a minimum, have a communication plan in place so that you can update employees with breaking news or supplemental information when needed.

3.    Working Remotely or Temporarily Closing:  We are once again seeing businesses go “remote” as the Omicron variant spreads across the country.  Many businesses had planned to have employees return to the office/workplace after the new year but are now telling employees to continue to work from home.  Unfortunately, we are also seeing many businesses temporarily close as staff tests positive and there aren’t enough otherwise healthy employees to continue operations.

Make sure your business has developed contingency plans to continue working remotely or, worst case, temporarily cease operations pending the return of healthy employees.

New, updated information and guidelines will continue to be announced, and how businesses deal with COVID and its impact on employees will evolve throughout 2022.  We will continue to bring you the latest information and legal updates affecting business owners and C-Level managers throughout the year.