COVID-19/Coronavirus Archives

Philadelphia Expands Entitlement to Paid Sick Leave for Workers Not Covered by FFCRA

On September 17, 2020, six months after Mayor Jim Kenney issued Executive Order 3-20, a Declaration of Emergency Related to the Known and Potential Presence of the Novel Coronavirus COVID-19 in Philadelphia, he signed into law Bill No. 200303, a temporary amendment expanding the City of Philadelphia’s paid sick leave law—officially known as the Promoting Healthy Families and Workplaces Ordinance—to establish public health emergency leave for individuals not covered by the federal Families First Coronavirus Response Act (FFCRA).

Janice G. Dubler Cherry Hill (NJ)
Philadelphia Author

Brandon R. Sher Philadelphia Author

UK Government Introduces New Job Support Scheme to Protect Jobs Still Affected by the COVID-19 Crisis

On 24 September 2020, UK Chancellor of the Exchequer Rishi Sunak announced new measures to support businesses and workers affected by the ongoing coronavirus crisis. The announcement came after UK Prime Minister Boris Johnson declared a tightening of coronavirus restrictions in England on 22 September 2020.

Daniella McGuigan London Author

Employers, Don’t Let Your Guard Down: COVID-19–Related Employment Lawsuits Are in Full Swing

We previously reported on COVID-19–related employment lawsuits that we tracked from late March 2020 through early May 2020. Since then, the number of lawsuits has steadily risen as employers have resumed operations after shelter-in-place or stay-at-home orders were lifted and students returned to school in virtual or hybrid environments. To track this litigation and to identify trends, we developed an Interactive COVID-19 Litigation Tracker that details where COVID-19–related litigation is taking place by state, the industries affected, and the types of claims asserted against employers and educational institutions.

Hal A. Shillingstad Minneapolis Author

Natalie M. Stevens Cleveland Author

Cal/OSHA Standards Board to Draft and Adopt COVID-19 Safety Standard

On September 17, 2020, the Occupational Safety and Health Standards Board of the California Division of Occupational Safety and Health (Cal/OSHA) voted unanimously to pursue the drafting and adoption of a California COVID-19 safety regulation. The emergency regulation would cover all workers in California regardless of industry segment.

Karen F. Tynan Sacramento Author

Kevin D. Bland Orange County Author

New California Labor Code Section 6409.6 Imposes COVID-19 Workplace Exposure Notice Requirements

On September 17, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 685 into law, enacting California Labor Code Section 6409.6 and amending other state statutes. As explained further below, Section 6409.6 obligates employers to notify employees, the employees’ exclusive representative (such as a union), and subcontractors, within one business day of an employer’s receiving notice of a potential COVID-19 workplace exposure from a “qualifying individual.”

Charles L. Thompson, IV San Francisco Author

Governor DeWine Signs Law Shielding Ohio Employers From Liability for COVID-19–Related Lawsuits

On September 14, 2020, Governor Mike DeWine signed House Bill (H.B.) 606 into law, providing employers with legal protections when it comes to their efforts to stem the spread of COVID-19 and making Ohio one of a growing number of states granting similar civil immunity. According to Governor DeWine, the new law accomplishes the dual goals of keeping people safe and rebuilding the state’s economy.

Corey N. Thrush Cleveland Author

Donald Campbell Bulea Cleveland Author

Working Remotely? Welcome to Minneapolis and Its SST Ordinance

Now that the Minnesota Supreme Court has settled the issue of applying the Minneapolis Sick and Safe Time (SST) ordinance to employers “with no physical presence in Minneapolis,” what does this mean for employers with employees who are working remotely in their homes within the city? It may mean that those employees are covered by the Minneapolis SST ordinance and possibly by other similar ordinances.

Bruce J. Douglas Minneapolis Author

New Jersey Enacts COVID-19 Workers’ Compensation Presumption Bill for Essential Workers

On September 14, 2020, New Jersey Governor Phil Murphy signed Senate Bill (SB) 2380 into law. SB 2380 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency declared by an executive order of the governor. The law is effective immediately and retroactive to March 9, 2020.

S. Michael Nail Greenville Author

Mark Diana Morristown Author

20 Tips for U.S. Virgin Islands Employers in 2020: Navigating COVID-19 Inquiries and Disclosures

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part 11 of this series addresses the laws relevant to navigating inquiries into and disclosures of information related to COVID-19 in the workplace.

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

Is a COVID-19 Mandatory Vaccine in Your Company’s Future? Considerations at the Start of Flu Season

Each year we review the validity of mandatory flu vaccinations. It is usually in the context of health care organizations, as few other employers have had the same need. In the last few years, the analysis has remained the same: (1) what is the justification (often, employee and patient safety); (2) will there be medical and/or religious exemptions; and, if so, (3) what is the accommodation (it has generally been wearing a mask all times at work).

Katherine Dudley Helms Columbia Author

California Implements New COVID-19 Supplemental Paid Sick Leave Requirement

On September 9, 2020, California Governor Gavin Newsom signed into law Assembly Bill (AB) 1867, which requires large employers and some health care providers to provide up to 80 hours of paid leave for COVID-19–related reasons. The new law also codifies the governor’s previously issued executive order setting forth paid sick leave and handwashing requirements for food sector workers, creates a small business family leave mediation pilot program, and addresses enforcement issues in California’s pre-COVID-19 paid sick leave law.

Charles L. Thompson, IV San Francisco Author

Leslie E. Wallis Los Angeles Author

Families First Coronavirus Response Act: DOL Gets Back on the Rail

On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New York in which the court—stating that the DOL had “jumped the rail”—struck down several provisions of the DOL’s final rule implementing the emergency family leave and paid sick leave provisions of the Families First Coronavirus Response Act (FFCRA).

Burton D. Garland, Jr. St. Louis Author

Charles L. Thompson, IV San Francisco Author

Ontario Government Extends Protections for Temporary Layoffs to January 2, 2021

On September 3, 2020, Ontario’s government announced that it would extend layoff protections, preventing temporary layoffs due to COVID-19 from automatically becoming terminations of employment.

John Illingworth Toronto Author

EEOC Again Updates Its COVID-19 Disability Accommodation and EEO Guidance

As we previously reported, since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace impact. On September 8, 2020, the EEOC updated its “Technical Assistance Questions and Answers,” which include updates relating to COVID-19 and the Americans with Disabilities Act (ADA) and other equal employment opportunity laws previously published in the agency’s “Technical Assistance Guidance on Disability Accommodation.”

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

Jeff S. Mayes Houston Author

20 Tips for U.S. Virgin Islands Employers in 2020: Compensating Hourly Employees for Regular and Overtime Hours

Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part 10 of this series addresses the laws relevant to tracking hours worked and compensating hourly employees for regular and overtime hours.

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

Ohio Legislation Would Grant Employers State-Law Immunity From COVID-19–Related Civil Lawsuits

Ohio employers will likely soon enjoy greater legal protections when it comes to their efforts to stem the spread of COVID-19. Acknowledging the legal uncertainties faced by essential workers and businesses in the wake of reopening, the Ohio Senate on September 2, 2020, passed House Bill (H.B.) 606, a measure which, if signed into law (and it is expected that Governor Mike DeWine will sign the bill very quickly), would grant state-law immunity from civil lawsuits for “injury, death, or loss” related to “the transmission or contraction” of the novel coronavirus.

Corey N. Thrush Cleveland Author

Donald Campbell Bulea Cleveland Author

Working During the Pandemic—Current Occupational Safety Regulations in Germany

On August 10, 2020, the German Federal Ministry of Labor and Social Affairs (Bundesministerium für Arbeit und Soziales (BMAS)) published the SARS-CoV-2 Occupational Safety and Health Regulation (SARS-CoV-2 Arbeitsschutzregel). For the duration of the coronavirus pandemic, this regulation, which became effective on August 20, 2020, specifies the requirements for occupational safety to reduce the risk of infection at the workplace. In doing so, BMAS is applying the presumed period of the national epidemic situation according to Section 5 of the Protection Against Infection Act (Infektionsschutzgesetz (IfSG)).

Andre Appel Berlin Author

Mexico’s COVID-19 Traffic Light Monitoring System: News for August 31, 2020, to September 13, 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

Mandatory COVID-19 Vaccination: Is It Legal and Is It Right for Your Workplace?

By all accounts, the availability of a vaccine for COVID-19 is a matter of when, not if. According to the World Health Organization, as of August 25, 2020, 173 potential vaccines are currently being developed in labs across the world, 31 of which have advanced to clinical stage testing on humans. Drug manufacturers estimate that a vaccine will be ready and approved for general use by the end of this year or early 2021.

Bret G. Daniel Richmond Author

James M. Paul St. Louis Author

Jimmy F. Robinson, Jr. Richmond Author

States Respond to the Additional Assistance for Unemployed Persons

On August 8, 2020, President Donald Trump issued a presidential memorandum that addresses the need for additional assistance for workers who have lost wages due to the ongoing COVID-19 pandemic.

Ashley Prickett Cuttino Greenville Author

DOL Clarifies Application of FFCRA Leave to Various Return to School Models

Parents, employers, and communities across the country are managing uncertainty around returning to school this fall. Many schools have opened, or soon will open, using some element of virtual learning. As we discussed earlier this summer, parents and employers have had to show flexibility and grace during this back to school season.

Sarah J. Platt Milwaukee Author

San Mateo County Approves Supplemental Paid Sick Leave Ordinance to Assist Employees Impacted by COVID-19

On July 7, 2020, the San Mateo County Board of Supervisors adopted an emergency ordinance to establish supplemental paid sick leave for COVID-19 related reasons. The ordinance took effect on July 8, 2020, and will remain in effect through December 31, 2020. It applies only to unincorporated areas of San Mateo County, California.

Heidi G. Kim San Francisco Author

Charles L. Thompson, IV San Francisco Author

U.S. Department of Labor Issues New Guidance on Remote Work

The COVID-19 pandemic has led to a transformation of the workplace and an explosion of remote work, including for employees previously not covered under employers’ telecommuting policies. Despite the reopening of most state economies, many employers are continuing to allow their workforces to work remotely. Remote work by nonexempt employees can pose a challenge with regard to ensuring employees are paid for all time worked, as the traditional workday may be blurred in a remote environment. On August 24, 2020, the U.S. Department of Labor’s (DOL) Wage and Hour Division issued Field Assistance Bulletin (FAB) No. 2020-5 regarding employers’ obligations to use reasonable diligence in tracking remote employees’ hours. The guidance affirms the value of a clear system for reporting time and a requirement that employees promptly and accurately report their time—especially in a remote work environment.

Christine Bestor Townsend Milwaukee
Chicago Author

Kayla A. McCann Milwaukee Author

State Department Issues Guidance on National Interest Exceptions to Proclamations Suspending Entry of Certain Foreign Nationals

On August 12, 2020, the U.S. Department of State issued guidance on scenarios that may qualify for a “national interest exception” under Presidential Proclamation 10052 of June 22, 2020 (“Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak”) and Presidential Proclamation 10014 of April 22, 2020 (“Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak”). Citing economic disruptions caused by the COVID-19 pandemic, President Donald Trump issued the proclamations and temporarily suspended the entry of certain foreign nationals into the United States. Although both proclamations referenced exceptions for individuals “whose entry would be in the national interest,” formal guidance had not been released prior to this announcement.

Whitney Brownlow Raleigh
Indianapolis Author

Jacob D. Cherry Atlanta Author

Andrea C. Davis Atlanta Author

Melissa Manna Raleigh Author

USCIS Issues Updated I-9 Guidance Due to Employment Authorization Document Production Delays

As the U.S. Citizenship and Immigration Services (USCIS) continues to operate under the stress of the ongoing COVID-19 pandemic and anticipated budget shortfalls, the production of certain Employment Authorization Documents (Form I-766, EAD) has become increasingly delayed. On August 19, 2020, in response to this situation, USCIS issued guidance providing employers and employees some flexibility to mitigate the myriad of I-9 compliance issues associated with the delays in EAD production.

Jamie M. Dietz Raleigh Author

Eric R. Leder Raleigh Author

Increased Revenues and Cost Cutting Help USCIS Delay Scheduled Furlough

On August 25, 2020, U.S. Citizenship and Immigration Services (USCIS) announced that the agency will avert a furlough of approximately 13,000 employees, previously scheduled to take place on August 30, 2020.

Kara K. Lancaster Raleigh Author

CDC Withdraws Post-Travel Quarantine Recommendations

On August 21, 2020, the U.S. Centers for Disease Control and Prevention (CDC) revised its COVID-19 travel guidelines, removing the blanket 14-day quarantine recommendation for travelers returning from all international destinations.

Michael Oliver Eckard Charleston
Atlanta Author

Cal/OSHA Recommends Emergency COVID-19 Regulation With PPE and Training Provisions

On May 20, 2020, worker advocates submitted a petition for an emergency COVID-19 safety standard demanding additional COVID-19 regulations for those employees not covered by the Aerosol Transmissible Diseases (ATD) standard . The ATD standard was codified in 2009 “to protect employees who are at increased risk of contracting certain airborne infections due to their work activities.” The petition included specific requests to adopt standards related to social distancing, ventilation systems, personal hygiene, personal protective equipment (PPE), employee training, and recordkeeping.

Karen F. Tynan Sacramento Author

Jennifer Yanni Orange County Author

Oregon OSHA Releases Draft COVID-19 Temporary Standard

On August 17, 2020, the Oregon Occupational Safety and Health Administration (Oregon OSHA), the state plan responsible for overseeing workplace safety and health in the state of Oregon, released a draft COVID-19 temporary standard. Following Virginia’s lead, Oregon will become the second state in the nation to adopt a specific standard intended to protect workers from COVID-19 exposure.

John F. Martin Washington D.C. Author

Karen F. Tynan Sacramento Author

Mexico’s COVID-19 Traffic Light Monitoring System: News for August 17–30, 2020

In response to the COVID-19 pandemic, the federal government of Mexico has established a bimonthly traffic-light monitoring system with criteria that Mexico’s states must satisfy before transitioning to the next phase of the country’s reopening plan.

Pietro Straulino-Rodriguez Mexico City Author

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