June 25, 2022

Volume XII, Number 176

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June 24, 2022

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June 23, 2022

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California Considers Assembly Bill 1993 Requiring Proof of COVID-19 Vaccination Status in Employment

On February 10, 2022, Assembly Bill (AB) 1993 was introduced in the California legislature. This bill would amend certain COVID-19 vaccination requirements in employment settings and create a framework for California employers to be responsible for vaccination programs in their workplaces.

AB 1993 (also known as Government Code Section 12940.4) would go in to effect on January 1, 2023, if passed in the legislature and signed by the governor. The law would create a plethora of California employer duties around COVID-19 vaccines. If passed, the bill would “require each person who is an employee or independent contractor, and who is eligible to receive the COVID-19 vaccine, to show proof to the employer … that the person has been vaccinated against COVID-19.”

The bill defines “vaccinated against COVID-19” as either being “fully vaccinated” by a vaccine authorized by the United States Food and Drug Administration (FDA) or the World Health Organization (WHO) or having received “the first dose of a two-dose COVID-19 vaccine … provides proof of that first dose, and provides proof of receiving the second dose of the vaccine within 45 days after receiving the first dose.” The bill carves out certain exemptions to the vaccination requirement including a medical condition or disability or a “sincerely held religious belief that precludes the person from receiving the vaccination.” The bill even includes a reporting provision for submitting vaccination information to California’s Department of Fair Employment and Housing (DFEH) and penalty provisions of an indeterminate amount for failure to comply with this proposed law.

The bill would remain operative until the U.S. Centers for Disease Control and Prevention “determines that COVID-19 vaccinations are no longer necessary for the health and safety of individuals, and as of that date is repealed.”

© 2022, Ogletree, Deakins, Nash, Smoak & Stewart, P.C., All Rights Reserved.National Law Review, Volume XII, Number 43
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About this Author

Karen Tynan, employment lawyer, Ogletree Deakins
Of Counsel

Karen Tynan is an of counsel attorney in the Sacramento office of Ogletree Deakins. Karen is originally from the state of Georgia, and after graduating with honors from the United States Merchant Marine Academy, she worked for Chevron Shipping Company for ten years – sailing as a ship's officer on oil tankers rising to the rank of Chief Officer with her Unlimited Master’s License as well as San Francisco Bay pilotage endorsement.  Karen was the highest ranking woman in the Chevron fleet when she left her seafaring life.  This maritime and petroleum experience is unique among employment...

918 840 3150
Jennnifer Yanni Labor & Employment Attorney Ogletree Deakins Law Firm
Associate

Jennifer Yanni has spent the entirety of her legal career litigating labor and employment issues. She began her practice representing plaintiffs against national corporations and second-chaired an arbitration that resulted in a six-figure award in a rare reverse-discrimination suit. For the past five years, she has represented employers on a wide range of labor and employment issues. She has defended employers in a variety of industries in cases involving discrimination on the basis of race, sex, and disability; wage and hour disputes involving claims of unpaid overtime...

714-800-7900
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