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.
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.
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.”
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
On November 3, 2020, Arizona voters decisively approved Proposition 207, the Smart and Safe Arizona Act, to legalize recreational marijuana. As a result of the election, both medical and recreational marijuana are officially legal in Arizona.
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.
On November 3, 2020, California’s voters approved Proposition 24, the California Privacy Rights Act of 2020 (the so-called CCPA 2.0). This means that the new California Privacy Rights Act (CPRA) will amend the California Consumer Privacy Act (CCPA) with some significant changes.
On June 12, 2020, Québec’s then minister of justice, Sonia LeBel, tabled in the National Assembly Bill 64, An Act to modernize legislative provisions as regards the protection of personal information.