Insights Archive - 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

FMCSA Issues Order Preempting Washington’s Meal and Rest Break Rules as Applied to Commercial Truck Drivers

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an order this week that Washington State’s meal and rest break rules are preempted as applied to property-carrying commercial motor vehicle drivers subject to its hours of service rules.

Laurence A. Shapero Seattle Author

ICE Extends Form I-9 Verification Flexibility Policy Through December 31, 2020

On November 18, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its policy allowing flexibility in performing in-person verification of documents presented for Form I-9, Employment Eligibility Verification.

Curtis Y. Chow Columbia 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

Beltway Buzz: 2021 Labor and Employment Forecast

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

James J. Plunkett Washington D.C. 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

California Passes Emergency Workplace COVID-19 Regulation

On November 19, 2020, the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation governing employers and workplaces.

Karen F. Tynan Sacramento 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

New Measures in Oregon Decriminalize Certain Narcotics and Legalize Psilocybin Therapy

Oregon voters approved two groundbreaking measures in the 2020 election season to become the first state in the nation to decriminalize personal possession of small amounts of certain controlled substances (Measure 110) and legalize the therapeutic usage of psilocybin in a controlled therapy setting (Measure 109). Many employers may be wondering what these measures mean and how their workplaces and existing employment policies might be impacted.

Paul E. Cirner Portland (OR) 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

Beltway Buzz, November 13, 2020

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

James J. Plunkett Washington D.C. Author

D.C. Council’s ‘Ban on Non-Compete Agreements Amendment Act of 2019’—Not Dead Yet?

Despite its well-deserved reputation as an employee-friendly jurisdiction, the District of Columbia is absent from the list of “blue states” that have adopted legislation limiting the use of noncompete agreements. Over the last few years, states such as Illinois, Maryland, Massachusetts, New Hampshire, Oregon, Rhode Island, Virginia, and Washington have enacted such laws.

James J. Murphy Washington D.C. 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

Public Charge Rule Survives (For Now)

On November 3, 2020, the U.S. Court of Appeals for the Seventh Circuit temporarily stayed an order that the U.S. District Court for the Northern District of Illinois issued in Cook County, Illinois, et al. v. Wolf et al., No. 19-cv-6334 (November 2, 2020). The district court’s order had vacated the U.S. Department of Homeland Security’s (DHS) Inadmissibility on Public Charge Grounds final rule (often referred to as the “public charge rule”) on a nationwide basis.

Curtis Y. Chow Columbia 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

Marijuana Ballot Initiatives Approved in Five States: What This Budding Trend Means for Employers

On November 3, 2020, five states had initiatives on the ballot to legalize the recreational and/or medical use of marijuana, and all five initiatives easily passed. Arizona, Montana, and New Jersey voted in favor of legalizing the possession and recreational use of marijuana for adults aged 21 years and older. In addition, South Dakota became the first state to legalize both medical and recreational marijuana at the same time. Mississippi voted to legalize medical marijuana. Employers may want to consider the impact of these new laws, as well as watch for new developments.

Rayna H. Jones Phoenix Author

Alexandra E. Shaw Boston Author

Michael K. Clarkson Boston Author

Michael J. Riccobono Morristown Author

M. Tae Phillips Birmingham Author

Roger G. Trim Denver 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

Colorado Voters Pass the Paid Family and Medical Leave Insurance Act

On November 3, 2020, Colorado voters passed Proposition 118, a ballot initiative establishing a paid family and medical leave program. The new law, known as the “Paid Family and Medical Leave Insurance Act,” provides for 12 weeks of paid family and medical leave funded through a payroll tax paid by employers and employees in a 50/50 split.

Steven R. Reid Denver Author

Roger G. Trim Denver Author

DHS Proposes Shift to Wage-Based H-1B Selection Process

On November 2, 2020, the U.S. Department of Homeland Security (DHS) published a proposed rule that, if implemented, would amend the process by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B registrations for H-1B cap-subject petitions. The proposed rule would replace the current H-1B random selection lottery process with a wage-based selection process, giving preference to applications for higher-paying positions.

Lee Gibbs Depret-Bixio Columbia Author

Caroline S. Page Columbia Author

Beltway Buzz, November 6, 2020

The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.

James J. Plunkett Washington D.C. Author

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