Agencies, Law Firms Still Getting a Handle on New COVID-19 Variant

Government agencies and law firms, like other institutions, appear to be still coming to terms with the new, more infectious COVID-19 omicron variant and what it will mean for work headed into the new year. State commissions so far report few changes.

The FCC didn’t comment on whether the spread of omicron has affected the agency’s operations or efforts to return to in-person work. “The health and safety of FCC employees remains a primary priority, and we are monitoring the situation. We have nothing new to announce at this time,” an FCC spokesperson said. Under a return plan negotiated with the National Treasury Employees Union, the agency began allowing some employees to work from the agency’s offices at the start of December if they chose (see 2111020067). The FTC didn't comment. Other government workers said an increasing number of meetings are once again moving online, rather than in-person, as infection rates have climbed.

The Institute for Health Metrics and Evaluation (IHME) updated its COVID-19 model Wednesday, saying the world will have about as many infections in the next two-three months as it has during the entire pandemic thus far. About 90% will be asymptomatic, compared with 40% with previous variants, IMHE said. The institute said protocols for dealing with COVID-19 may have to change. “If you follow the same protocols, you may end up with some employers with a huge reduction in available staff,” IMHE said: “Many organizations will have to rethink whether or not testing of asymptomatics and isolation is actually going to make a difference, and is worth the disruption in school or the workplace.”

The variant has affected some law firm plans to return to the workplace. Cooley told employees in July it would maintain a flexible office policy for the balance of 2021, and last week it extended that policy through the first quarter of 2022, we have learned. Mintz and Sheppard Mullin also reportedly delayed return plans. Wilkinson Barker, Womble Bond, Wiley and Pillsbury didn’t comment.

Fletcher Heald hasn’t made any official changes in response to the variant, said attorney Francisco Montero. “We still require masks in common areas," he said: “We are not requiring vaccination or proof of vaccination, although it is strongly encouraged. … On an unstated level there is more flexibility in deferring to people who want to work from home.”

Few state commissions reported changes to safety protocols as a result of omicron. NARUC’s Feb. 13-16 conference in Washington, D.C., for now is still going ahead in person.

The New York Department of Public Service will follow omicron guidance from the Governor’s Office of Employee Relations, which includes the New York Public Service Commission, emailed a department spokesperson: “All staff and visitors … must wear masks at all times, regardless of vaccination status, except when alone in an enclosed room” or while eating or drinking. Maine Public Utilities Commission staff was notified Dec. 14 that remote work options will extend “at least until March 2022,” emailed a PUC spokesperson: In-person staff must wear masks in public areas.

No changes at the Idaho PUC, but the state reported only one omicron case by Tuesday, Commissioner Paul Kjellander told us. Staff and commissioner have been back in the office for 18 months, and the PUC lifted a mask mandate for common areas when vaccines became available, he said. Staffers who had the virus avoided hospitalization, he said.

The Nebraska PSC is keeping existing COVID-19 protocols, emailed Commissioner Crystal Rhoades. The likelihood of more workers becoming infected could affect people’s ability to pay bills, but many pandemic support programs “have ended or are exhausted,” she said: Continuing workforce problems could slow broadband deployment even with recent federal infrastructure funds.

There have been no changes to Maryland PSC operations due to omicron, a spokesperson emailed: Since this summer, offices have been open to public and vaccinated staffers are in the office at least three days a week, but hearing rooms remain closed, with all proceedings virtual. The West Virginia PSC is monitoring the situation, a spokesperson said. There has been no impact on South Dakota PUC operations, with Chairman Chris Nelson saying Tuesday the variant hadn’t been detected in the state.

The plan for NARUC’s winter conference is in-person only, as of an executive committee meeting last week, said Kjellander, the association’s past president. NARUC has done virtual and hybrid meetings, but the “preference is not to have a streaming component if you don’t need it.” NARUC will follow any local rules, such as an indoor mask mandate, he said. “The reality is things could change,” and any state travel restrictions would factor into the association’s decision, he said.

“Many states may not allow travel if the variant does what they think it will do, and at this point no one knows how long the booster protection will last or when a new variant vaccine will be available,” said Rhoades: That could affect NARUC.

“Although our goal is to hold an on-site, in-person meeting only, we are committed to the safety of all staff and meeting attendees and are mindful of COVID” and variants, a NARUC spokesperson emailed Monday: The state regulator association would follow all CDC guidelines and government safety protocols for public events and communicate any changes to registered and possible attendees.