Employment Law Archives - Ogletree Deakins

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.

Pietro Straulino-Rodriguez Mexico City Author

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.]

Michael Oliver Eckard Charleston
Atlanta Author

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.

Karen F. Tynan Sacramento Author

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.

Charles L. Thompson, IV San Francisco Author

Karen F. Tynan Sacramento Author

Leslie E. Wallis Los Angeles Author

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.

Bret G. Daniel Richmond Author

James M. Paul St. Louis Author

Jimmy F. Robinson, Jr. Richmond Author

Governor Walz ‘Dials Back’ Minnesota’s Phased Reopening Due to Resurgence of COVID-19

On November 18, 2020, Minnesota Governor Tim Walz dialed back Minnesota’s phased reopening and ongoing loosening of COVID-19–related restrictions by issuing Emergency Executive Order (EO) 20-99, “Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19.”

Colin H. Hargreaves Minneapolis Author

Washington State Issues Advisory Urging Travelers to Quarantine for Two Weeks

On November 13, 2020, Governor Jay Inslee issued a travel advisory for Washington State recommending a 14-day quarantine for all persons entering the state and encouraging residents to stay close to home.

Mark O. Morgan Seattle Author

Adam T. Pankratz Seattle Author

Michigan’s COVID-19–Related Restrictions and Remote Work Requirements: the Latest Developments

Michigan’s rate of COVID-19 infection seems to be increasing each day, as does the volume of orders, rules, and guidance documents applicable to Michigan businesses operating during the COVID-19 pandemic.

Valerie N. Butera Detroit (Metro) Author

Heather G. Ptasznik Detroit (Metro) Author

Mexico’s COVID-19 Traffic Light Monitoring System: News for November 9, 2020, to November 22, 2020

In June 2020, the federal government of Mexico established a “traffic light” monitoring system in response to the COVID-19 pandemic in order to place appropriate health and safety restrictions on certain activities and alert residents of the epidemiological risks in each of the country’s 32 states.

Pietro Straulino-Rodriguez Mexico City Author

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.

Ryan Martin Montréal Author

Caroline M. DeBruin Toronto Author

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.

Federico G. Barrera Cleveland Author

Donald Campbell Bulea Cleveland Author

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.

Robert R. Niccolini Washington D.C. Author

Patrick T. Wilson Washington D.C. Author

Federal Court in New York Dismisses COVID-19 Workplace Safety Case

On November 1, 2020, the United States District Court for the Eastern District of New York in Palmer et al. v. Amazon.com Inc. et al., No. 20-cv-2468, 2020 WL 6388599, dismissed a lawsuit against Amazon alleging failures to comply with New York law and “New York Forward” minimum requirements for businesses.

Simone R.D. Francis St. Thomas
New York Author

Erik D. Mass New York Author

Draft Cal/OSHA COVID-19 Regulations up for Vote on November 19, 2020

On November 12, 2020, the California Division of Occupational Safety and Health (Cal/OSHA) announced proposed temporary COVID-19 regulations for review and a vote by the Occupational Safety and Health Standards Board on Thursday, November 19, 2020.

Karen F. Tynan Sacramento Author

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.

Lawrence D. Smith San Antonio Author

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.

John A. Morrison Atlanta
New York Author

Alexandra Orsini Barone Washington D.C. Author

A Canadian Cautionary Tale on Settlements for Federally Regulated Employers

A Federal Court of Appeal decision, Bank of Montreal v. Li, is a cautionary tale for federally regulated employers about the limits of settlement agreements in resolving unjust dismissal complaints.

Michael Comartin Toronto Author

Michael F. Lee Toronto Author

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.

Rebecca J. Bennett Cleveland Author

Samuel H. Ottinger Cleveland Author

UK Extends Coronavirus Job Retention Scheme, Postpones Job Support Scheme Due to Second Lockdown in England

Prime Minister Boris Johnson announced in a press conference on 31 October 2020, that new national lockdown restrictions would apply in England from 12:01 a.m. on 5 November 2020, until at least 2 December 2020.

Daniella McGuigan London Author

Mexico’s COVID-19 Traffic Light Monitoring System: News for October 26, 2020, to November 8, 2020

In response to the COVID-19 pandemic and the need to ease lockdown restrictions, the federal government of Mexico established a bimonthly traffic-light monitoring system aligned with health protocols to guide Mexico’s states through the country’s reopening plan.

Pietro Straulino-Rodriguez Mexico City Author

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.

Jennifer Rygiel-Boyd Morristown Author

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.

Michael Oliver Eckard Charleston
Atlanta Author

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them from wearing masks.

Caroline Larsen Phoenix Author

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.

Anna B. Rao Boston Author

Diane M. Saunders Boston Author

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.

Joshua P. Lushnat Detroit (Metro) Author

Marcus L. McCray Detroit (Metro) Author

CDC Refines ‘Close Contact’ Guidelines

The U.S. Centers for Disease Control and Prevention (CDC) has refined its guidelines regarding what is considered a “close contact” exposure to COVID-19.

Michael Oliver Eckard Charleston
Atlanta Author

CDC Refines List of Underlying Conditions That Place Individuals at ‘Increased Risk of Severe Illness’ From COVID-19

On October 6, 2020, the U.S. Centers for Disease Control and Prevention (CDC) once again revised its list of individuals whose risk factors make them more likely to develop severe illness from COVID-19.

Tiffany Cox Stacy San Antonio Author

Charles L. Thompson, IV San Francisco Author

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.”

Jazmyne K. Jefferson San Francisco Author

Charles L. Thompson, IV San Francisco Author

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.

Valerie N. Butera Detroit (Metro) Author

S. Rae Gross Detroit (Metro) Author

UK Chancellor Announces Expansion of Job Support Scheme

On 9 October 2020, the UK government announced an extension to the Job Support Scheme (JSS) for businesses that are legally required to close on account of coronavirus restrictions. This measure will sit alongside the original JSS and the Job Retention Bonus, replacing the Coronavirus Job Retention Scheme (CJRS), which will end on 31 October 2020.

Daniella McGuigan London Author

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