Mexico’s COVID-19 Traffic Light Monitoring System: News for November 23, 2020, to December 6, 2020

In an effort to control the spread of COVID-19, the Mexican federal government implemented a “traffic light” monitoring system in June 2020 to alert residents to the epidemiological risks in each of the country’s 32 states and provide guidance on restrictions on certain activities. The bimonthly monitoring system is aligned with health protocols to guide Mexico’s states through the country’s phased reopening plan. Below is a map for the period of November 23, 2020, to December 6, 2020, indicating the COVID-19 risk level in each of Mexico’s 32 states.

CDC Alters Critical Infrastructure Personnel Guidance and Recommends New Testing Strategies

In its most recent COVIDView weekly update, the U.S. Centers for Disease Control and Prevention (CDC) reported that levels of COVID-19 “virus circulation and associated illnesses” have been rising nationally since September 2020. The CDC has also issued a “COVID-19 Alert,” noting that “COVID-19 cases, hospitalizations, and deaths across the United States are rising.” In the context of such rising cases and increased scientific knowledge about the virus, the CDC made significant changes to its critical infrastructure sector guidance on November 16, 2020. In the revised guidance, the CDC urges employers to allow exposed but asymptomatic critical infrastructure personnel to continue to work only as “a last resort and only in limited circumstances.” [Emphasis in original.]

Cal/OSHA Emergency Workplace COVID-19 Regulation: 10 Frequently Asked Questions

On November 19, 2020, the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation governing employers and workplaces. That regulation is scheduled for adoption and implementation on November 30, 2020. Below are answers to some frequently asked questions that employers have expressed about the new emergency regulation.

Cal/OSHA’s Emergency Standard and Its New Mandatory COVID-19 Paid Time Off Provision

On November 19, 2020, the California Occupational Safety and Health Standards Board, the standards-setting agency of the California Division of Occupational Safety and Health (Cal/OSHA), adopted an emergency standard regarding COVID-19 workplace prevention. The Standards Board submitted the new final rule to the Office of Administrative Law, which may approve the rule within as few as 10 days. This means employers may have to comply with the emergency standard as soon as Monday, November 30, 2020.

COVID-19 Vaccinations Arriving For the Holidays: What Employers Need to Know and Can Do

As we discussed in a previous post, employers have already been planning for the arrival of a vaccine—and for good reason given the array of issues to consider when implementing vaccination-related policies. Although mandatory vaccination policies are legal (possibly subject to two limited categories of exemptions and variations in state laws), implementing such policies may prove challenging, at least in the near term.

Travel to Canada During a Global Pandemic: a Welcome Break in Quarantine Requirements in Alberta

On March 16, 2020, Canada announced that it would be closing its borders to international travelers but for a few exceptions due to the COVID-19 pandemic. A few days later, Canada and the United States mutually agreed to temporarily restrict all nonessential travel across the U.S.-Canada land border. The travel restrictions are still currently in force at the date of publication of this article.

Ohio Issues COVID-19 Restrictions on Retailers

On November 13, 2020, Ohio Governor Mike DeWine and Interim Director of the Ohio Department of Health Lance Himes issued a new director’s order enhancing face covering requirements for Ohio retailers, adding mandatory oversight obligations for employers, and providing greater enforcement power for local health departments and law enforcement.

Maryland’s November 2020 COVID-19 Update: A Primer on Two Recent Directives

For several months, health officials have cautioned the public that the rate of positive cases of COVID-19 would spike as temperatures turned colder. In recent days, it has become clear that cases in Maryland have risen exponentially. Maryland’s government has responded to the rising caseload by issuing two recent directives designed to combat and slow the resurgence of the virus.

Recent Texas Court Decision Highlights the Risks of Defamation in Internal Misconduct Investigations

Employers understand they have an obligation to investigate complaints of workplace misconduct. However, communications made during internal investigations are not totally without risk. Reports of misconduct, such as theft, assault, or abuse of others, can raise the scepter of defamation claims if the employer does not properly manage the communications. Further, while a qualified privilege exists for potentially defamatory statements made during misconduct investigations, such privilege is not absolute and can be lost.

5 Key Executive Compensation Trends and Issues for 2021

The 2021 executive compensation season will be more challenging than usual for most companies due to the financial and economic consequences of the COVID-19 pandemic. To meet these challenges, companies should be aware of several key issues relating to executive compensation as they design their 2021 executive compensation programs.

Sixth Circuit Backs Termination of Public Employee for Racially Derogatory Social Media Post on 2016 Presidential Election

On October 6, 2020, in Bennett v. Metropolitan Government of Nashville, No. 19-5818, the U.S. Court of Appeals for the Sixth Circuit reversed a district court’s decision in favor of a public employee who claimed that the city had terminated her employment in retaliation for exercising her rights under the First Amendment to the U.S. Constitution.

New Jersey Governor Issues New COVID-19 Health and Safety Protocols for Employers

In an effort to combat the recent rising COVID-19 numbers in the New Jersey, Governor Phil Murphy signed Executive Order (EO) No. 192 on October 28, 2020, mandating health and safety protocols for employers with employees, customers, or other visitors on-site. While many of these protocols have been required in certain industries under prior executive orders, all employers must now adhere to the protocols effective Thursday, November 5, 2020.

CDC Offers Tips to Have a Safe and Jolly Holiday Season

This year has been challenging for a number of reasons, not least of which is the impact of the COVID-19 pandemic on the workplace. After months of isolation and remote operations, many employers and employees are eagerly looking forward to opportunities during the approaching holiday season to come together (in person or virtually) to share festive spirit and reflect on the good times from this past year despite the setbacks. Nevertheless, we remain in the midst of a global pandemic, and many communities are experiencing an increase in the number of cases. While employers may welcome the opportunity to celebrate and strengthen employee morale this holiday season, they may want to assess the state of the pandemic in their respective communities and consider practical strategies for making holiday gatherings and celebrations as safe as possible.

Massachusetts Federal Court Preliminarily Requires Employer to Allow Employee’s Teleworking

On September 16, 2020, in Peeples v. Clinical Support Options, Inc., No. 3:20-cv-30144, a federal district court in Massachusetts took the unusual step of precluding an employer from discharging an employee who claimed an inability to work in the office due to a disability, and ordered the employer to allow the employee to telework for at least 60 days.

Michigan Provides Employers and Employees COVID-19 Protections

Michigan Governor Gretchen Whitmer recently signed into law four bills that encourage employers to resume business in compliance with all COVID-19 safeguards required under the various federal, state, and local statutes, rules, regulations, executive orders, and agency orders. The new laws provide a significant reward for an employer’s compliance: insulation from COVID-19–related liability—including tort claims and claims under the Michigan Occupational Safety and Health Act of 1974 (MIOSHA)—as long as the employer was implementing all safeguards legally required at the time of the incident giving rise to the claim.

California’s New AB 1512 Revises Security Officer Rest Period Rules

On September 30, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 1512, which amends California Labor Code Section 226.7 by authorizing employers to require certain unionized private security officers “to remain on the premises during rest periods and to remain on call, and carry and monitor a communication device, during rest periods.”

Michigan OSHA Issues Emergency Rules Related to COVID-19

The Michigan Occupational Safety and Health Administration (MIOSHA) has issued emergency health and safety rules aimed at controlling, preventing, and mitigating the spread of COVID-19. The emergency rules, which Governor Gretchen Whitmer approved, represent a further effort to fill the void left by a recent Michigan Supreme Court decision invalidating many of the governor’s COVID-19 executive orders.