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July 9, 2021
Six U.S. States Enacted Legislation Prohibiting Proof of Vaccination, While Ten Others have Banned It through Executive Order — Wolters Kluwer
• Wolters Kluwer Labor law experts weigh in on the latest Back to Office trends in the news related to returning to the workplace, mask mandates, vaccine passports, and employer liability.
NEW YORK, July 8, 2021 —
Back to Office (BTO) Trends.
Infographic: Wolters Kluwer Labor law experts weigh in on the latest Back to Office trends in the news related to returning to the workplace, mask mandates, vaccine passports, and employer liability. (Graphic provided by Wolters Kluwer)
The latest Back to Office analysis from Wolters Kluwer Legal & Regulatory U.S. highlights recent trends in state law requirements related to mask mandates, vaccine passports, and employer liability.
Mask Mandate: As of July 8, 2021, of the 50 U.S. states, the District of Columbia, and the five U.S. territories, 20 jurisdictions have some form of mask mandate in place, while 36 jurisdictions have no mask mandates, either because they imposed no order, or because a decree was lifted or allowed to expire. Guam plans to remove its mask mandate on July 21.
Vaccine Passport: In addition, as of July 8, 2021, only three jurisdictions — Hawaii, Louisiana, and New York — have implemented a COVID-19 vaccine passport, while 19 jurisdictions have banned all or some proof of vaccination requirements. Nine states have enacted legislation prohibiting evidence of vaccination. In comparison, the other ten states have banned proof of vaccination through executive order, with most of the prohibitions applying only to government agencies. However, there are broader prohibitions in Texas and Florida, where private businesses are barred from requiring proof of vaccination.
Employer Liability: As of July 2021, 39 U.S. jurisdictions have enacted legislation or issued an executive order imposing some limitations on liability for COVID-19 transmission. Perhaps the most common feature of these laws is to provide a shield against liability for ordinary negligence and require that a plaintiff show gross negligence or intentional misconduct.
Cathleen Calhoun, J.D., a health law legal analyst at Wolters Kluwer Legal & Regulatory U.S., observes, “Mask mandates are in decline, and the trend appears likely to continue.”
“With the increasing spread of the Delta variant, employers should carefully monitor for changes in state and local masking mandates. These mandates may lead to potential liability, even in states that have coronavirus liability shields,” says Pamela Wolf, J.D., a senior employment legal analyst at Wolters Kluwer. Pamela tracks and analyzes employment issues, including White House and federal agency developments, federal regulations, court decisions, state and federal legislation, and labor and employment trends.
“As workplaces across the nation continue to reopen, it’s crucial that employers, especially those with multistate operations, understand state and local laws when developing and implementing COVID-19 policies and protocols, particularly as to vaccination requirements in the employment setting.” Pamela Wolf cautions.
Wolters Kluwer (WKL) is a global leader in professional information, software solutions, and services for healthcare; tax and accounting; governance, risk, and compliance; and legal and regulatory sectors. Wolters Kluwer says that it helps its customers make critical decisions by providing expert solutions that combine deep domain knowledge with technology and services.
Source: Wolters Kluwer
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