In response to the COVID-19 “Omicron” variant outbreak unfolding in several southern African regions, President Biden has issued a Proclamation that, effective November 29, 2021, suspends entry into the U.S. for certain nonimmigrants who were physically present in Republic of Botswana, the Kingdom of Eswatini, the Kingdom of Lesotho, the Republic of Malawi, the Republic of Mozambique, the Republic of Namibia, the Republic of South Africa, and the Republic of Zimbabwe during the fourteen (14) day period preceding their entry or attempted entry.

DHS to implement 1st phase of land border vaccination requirement on November 8, 2021

In a Proclamation effective November 8, 2021 at 12:01am, President Biden revoked U.S. bans against nonimmigrant travelers from several countries and created a new global vaccination requirement for all U.S. nonimmigrants arrivals by air. A synopsis of the Proclamation and related travel requirements follows:

As discussed in an earlier post, adopting a mandatory vaccination policy for employees is not a simple decision. Among the many factors to consider is the potential risk of legal action arising under federal laws such as the Americans With Disabilities Act (ADA) or the National Labor Relations Act, as well as state-law challenges alleging public policy violations or wrongful termination of employment. Recently, some employers have decided to require COVID vaccines for employees, citing Equal Employment Opportunity Commission (EEOC) Updated Guidance in support of this policy.  Many other employers are still considering how to proceed. Despite the EEOC’s position that an employer may enact a mandatory vaccination policy for all of its employees physically entering the workplace, mandatory vaccine policies are not without risk of unintended, negative consequences for the organization.

In response to the tragic COVID-19 outbreak unfolding in the Republic of India (“India”), President Biden has issued a Proclamation that, effective May 4, 2021, suspends entry into the U.S. for certain noncitizens who were physically present in India during the 14-day period preceding their entry or attempted entry. This new restriction largely mirrors those already in effect for travel from Brazil, People’s Republic of China, Iran, Ireland, countries in the European Schengen Area, South Africa, and the United Kingdom.

The COVID-19 Consumer Protection Act (COVID-19 Act) was passed last year to protect the public from deceptive marketing related to the treatment, cure, prevention, mitigation, or diagnosis of COVID–19, or any government benefit related to COVID-19, by making such practices illegal under the Federal Trade Commission Act (FTC Act). The COVID-19 Act also authorizes the Federal Trade Commission (FTC) to seek civil monetary penalties for first-time violations of the COVID-19 Act, a remedy not normally available under the FTC Act.

On March 29, 2021, a new California law took effect mandating COVID-related supplemental paid sick leave for employers with more than 25 employees. Specifically, Senate Bill (SB) 95 creates new Labor Code Section 248.2, which requires employers to provide supplemental paid sick leave for certain absences related to COVID-19, in addition to other paid time off benefits to which they are already entitled. This law (referred to below as the “2021 SPSL law”) applies retroactively to January 1, 2021 and is effective through September 30, 2021.