Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the DPH issued its third amended public health order setting forth its current “Business and Individual Guidelines for Social Distancing and Re-Opening.” In some respects, this third amended order is a significant step backwards toward stricter requirements compared with the county’s original reopening guidelines.
In March 2020, everyone thought we just need to occupy our children at home for a few weeks, maybe through spring break, and we would be fine. Then it was “just make it to summer.” Now summer is winding down and many kids are not going back to school full-time (at least not in person) any time soon. This creates tremendous challenges for families as well as employers.
On July 30, 2020, Wisconsin joined 31 other states—including Alabama, California, and Pennsylvania—with a statewide face covering order. Governor Tony Evers issued Emergency Order #1, requiring all individuals in Wisconsin over the age of five and medically able to do so to don cloth face coverings (not including face shields or mesh coverings) any time they are “indoors or in an enclosed space, other than a private residence,” and in the presence of others outside their households.
On July 22, 2020, Health Officer Tomás J. Aragón of the City and County of San Francisco issued Public Health Emergency Order No. C19-12c, entitled, “Order of the Health Officer of the City and County of San Francisco Generally Requiring Members of the Public and Workers to Wear Face Coverings.”
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 eight of this series addresses COVID-19 concerns that may arise when employees return to work from vacation.
On July 24, 2020, the State of California released its “COVID-19 Employer Playbook for a Safe Reopening.” According to the playbook, its purpose is to help employers “plan and prepare for reopening their business[es] and to support a safe, clean environment for workers and customers.” The Employer Playbook’s table of contents lists four major areas that the playbook addresses: (1) steps employers can take to open safely; (2) what to do if a COVID-19 case occurs in the workplace; (3) enforcement and compliance; and (4) worker education. In addition, the playbook includes three appendixes consisting of employer and worker resources, enforcement and compliance contacts, and case studies illustrating the playbook’s principles.
The State of California and many California counties mandate the use of face coverings in the workplace and elsewhere. California considers the issue important enough to include a section entitled “Guidance for Employers and Workers in Enforcing Mask Requirements” in its “COVID-19 Employer Playbook for a Safe Reopening,” newly released on July 24, 2020.
On July 1, 2020, Pennsylvania Secretary of Health Dr. Rachel Levine signed an order expanding face covering–wearing requirements in Pennsylvania. Under the order, face coverings must now be worn almost any time an individual leaves home, including in most outdoor settings.
On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board approved an Emergency Temporary Standard for COVID-19 to be enforced by the Virginia Occupational Safety and Health program (VOSH). Virginia is the first state to adopt a specific standard intended to protect workers and “to control, prevent, and mitigate the spread of [COVID-19]” in the workplace.
As employees return to work, some employers are asking if there could be another tool to detect COVID-19 in the workplace: detection dogs. Traditionally, the military has used detection dogs to find bombs, and law enforcement has used them to sniff out narcotics, guns, electronics, or other contraband. More recently, scientists and researchers have used detection dogs to identify medical conditions.
In addition to the potential uses of contact-tracing apps, discussed recently in episode 1 of the Global Solutions series, most employers now conduct some form of employee screening or monitoring to help prevent the spread of COVID-19 in the workplace and protect staff.
On July 15, 2020, Alabama Governor Kay Ivey issued an amended “Safer at Home” order, adding a facial covering requirement. This facial covering order, which goes into effect on July 16, 2020, at 5:00 p.m., requires (1) facial coverings for individuals; (2) protections for employees; and (3) protections for customers.
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 seven of this series addresses several provisions of U.S. Virgin Islands Governor Albert Bryan, Jr.’s July 1, 2020, ninth supplemental executive order extending the state of emergency due to COVID-19 that he initially declared on March 13, 2020.
Employers have more clarity on COVID-19 testing coverage requirements—including new details on at-home tests, return-to-work testing, and out-of-network pricing—under new guidance that the U.S. Department of Health and Human Services (HHS), U.S. Department of Labor (DOL) and the U.S. Department of the Treasury jointly prepared.
On June 23, 2020, the San Francisco Board of Supervisors passed the “Back to Work” emergency ordinance. The ordinance requires certain San Francisco employers to offer reemployment to covered employees who were subjected to qualifying layoffs arising from the COVID-19 pandemic.
COVID-19 cases in Florida continue to increase, particularly in the Tampa Bay area. In an effort to slow the spread of the virus, Hillsborough, Pasco, and Pinellas counties have enacted ordinances requiring face coverings in most indoor settings where social distancing (of at least six feet between persons) cannot be maintained.
Idaho is offering cash bonuses to employees who return to work as the state lifts COVID-19–related restrictions and businesses reopen. In an effort to incentivize employees who are now earning more money due to the additional benefits provided through the Pandemic Unemployment Assistance program, Idaho has implemented a Return to Work Bonuses program.
On June 26, 2020, Texas Governor Greg Abbott issued Executive Order No. GA-28, immediately scaling back the reopening of Texas due to substantial increases in the number of people testing positive for COVID-19 and the number of hospitalizations.
In preparing global strategies for monitoring employee health, employers with international workforces may want to be aware that occupational medicine plays a key role for employers in many countries outside the United States—whether in the hiring and termination process, in developing and implementing health and safety plans, or in evaluating work-related illnesses and injuries.
As employers reopen their businesses following closures or reductions in operations required during the COVID-19 pandemic, many are grappling with the fraught and complex task of bringing laid-off or furloughed employees back to the workplace. Among the many issues that such employers will need to deal with in onboarding those employees is whether and to what extent they will need to renew their restrictive covenants agreements with employees who had such agreements before the pandemic.
Businesses across the country are finally beginning to reopen and individuals are returning to work. As part of the reopening process, companies are implementing new safety protocols. Unfortunately, even the best-laid plans are not always successful.
Beginning on June 15, 2020, at 8:00 a.m., Delaware will move into the second phase of its three-phase reopening plan following the recent lifting of the state’s stay-at-home order. In Phase 2, retail establishments, restaurants, and other businesses that were previously permitted to reopen at 30 percent of fire occupancy requirements will be allowed to expand to 60 percent of the fire occupancy limits for their premises.
What role can mobile technology play in a global employer’s return-to-workplace strategy? Employers exploring mobile apps to comply with new safety directives (for example, to facilitate contact tracing, symptom certification, or entry/exit logging) may wonder about how to implement them across operations globally—especially since the legal conditions on these apps vary greatly from country to country.
The federal government of Mexico is implementing a sanitary alert system—called the “traffic light” system—for gradually reopening activities, including the economy in a safe and durable manner. The reopening will be performed in three phases.
In May 2020, the United Kingdom welcomed the 50th anniversary of the Equal Pay Act 1970, which was enacted to ensure the equal treatment of men and women in terms of pay and the conditions of employment. However, in recent months, research has revealed that women have suffered a larger fall in earnings in the United Kingdom and are losing their jobs in greater numbers than men during the COVID-19 pandemic.
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 four of this series addresses COVID-19 guidance for restaurants, bars, and nightclubs.
On June 5, 2020, Governor Tim Walz continued with the phased reopening of Minnesota by issuing Executive Order 20-74. Effective June 10, 2020, this executive order will further loosen restrictions on businesses that are places of public accommodation.
This is the second in a series of articles written from my perspective as a labor and employment lawyer and mother addressing issues raised by the pandemic on multiple levels. My hope is that this series will provide practical guidance on how to deal with COVID-19 concerns based on current federal and state COVID-19–related laws.