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CDC Updates Guidance Regarding Fully Vaccinated Individuals

On May 13, 2021, the CDC issued important updates to its guidance regarding fully vaccinated individuals. The updated guidance now states that individuals who are “fully vaccinated” against COVID-19 (i.e., two weeks have passed from receipt of the second dose in a 2-dose series, or from receipt of a single-dose vaccine) no longer need to wear a mask or practice social distancing in any setting, except where required by federal, state, or local laws, rules, or regulations.  The CDC’s guidance further states that fully vaccinated people can generally refrain from testing and quarantining following exposure to COVID-19, as long as they are asymptomatic.  Fully vaccinated individuals with no COVID-19-like symptoms and no known exposure can also be exempted from routine testing, if feasible.  By contrast, the CDC guidance states that individuals who are not “fully vaccinated” should continue to take prevention measures.

While the CDC’s updated guidance is a welcome development for employers who are reopening offices, employers should continue to carefully consult health and safety standards issued by OSHA and state and local health departments.  For example, New York’s reopening guidance for office-based employers does not presently distinguish between vaccinated and unvaccinated employees.  Earlier today, Governor Cuomo announced that the state is carefully reviewing the CDC’s revised guidance and may update its reopening requirements.

We will continue to monitor and report on any important changes to office reopening requirements.

© 2023 Proskauer Rose LLP. National Law Review, Volume XI, Number 134

About this Author

Evandro Gigante Labor and Employment Lawyer Proskauer Rose Law FIrm

Evandro Gigante is a partner in the Labor & Employment Law Department and co-head of the Employment Litigation & Arbitration group and the Hiring & Terminations group. He represents clients through a variety of labor and employment matters, including allegations of sexual harassment, race, gender, national origin, disability and religious discrimination. Evandro also counsels employers through reductions-in-force, employee relations issues and other sensitive employment matters.

With a focus on discrimination and harassment claims,...

Harris M Mufson, Class/Collective Action Attorney, Proskauer
Senior Counsel

Harris Mufson is a senior associate in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration and Whistleblowing & Retaliation Groups.

Adept at counseling clients at every turn of the litigation process, Harris represents employers in a variety of industries, including financial services, health care, entertainment, sports and legal, with respect to a wide range of labor and employment law matters. These include compensation disputes, employment discrimination and retaliation, whistleblowing,...

Alex Downie  New York  Labor & Employment Law
Law Clerk

Alex Downie is a law clerk in the Labor & Employment Law Department and a member of the Employment Litigation & Arbitration Group. He previously worked as a summer associate at Proskauer and as an intern at the Department of Justice.

Alex earned his J.D. from the University of Virginia School of Law, where he served as the executive editor of the Virginia Law & Business Review. He also volunteered for the school’s employment law clinic, where he assisted with a variety of employment-related matters ranging from employment discrimination to wage and hour disputes...

Law Clerk

Julia Hollreiser is a law clerk in the Labor Department and a member of the Employment Litigation & Arbitration Group.

Related Practices

  • Labor & Employment
  • Employment Litigation & Arbitration