California Public Health Department Does Away With Quarantine for Fully Vaccinated and Asymptomatic Workers

On May 3, 2021, the California Department of Public Health (CDPH) released updated public health recommendations advising that fully vaccinated non-healthcare workers can refrain from quarantining after a known workplace exposure to COVID-19, but only if they are asymptomatic. This guidance applies only to non-healthcare workplaces. For the purposes of CDPH’s guidance, individuals “are considered fully vaccinated for COVID-19 two or more weeks after they have received the second dose” of either the Pfizer or Moderna vaccines, or two weeks after they have received the single-dose Johnson and Johnson vaccine. The guidance also notes that employers that are “subject to the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards must [still] ensure that employees are following the current ETS face covering and testing requirements.”

Employers may want to be aware of CDPH’s updated guidance’s impact on whether a fully vaccinated employee who: (1) experiences a known workplace COVID-19 exposure, and (2) is asymptomatic, would be entitled to leave under the 2021 COVID-19 Supplemental Paid Sick Leave Law (SPSL), which, among other things, provides for supplemental paid sick leave due to a required quarantine or isolation related to COVID-19.

Ogletree Deakins will continue to monitor and report on developments with respect to the COVID-19 pandemic and will post updates in the firm’s Coronavirus (COVID-19) Resource Center as additional information becomes available. For more information on California’s COVID-19 Emergency Temporary Standards, please join us for our upcoming webinar, “OSHA Hour: Cal/OSHA’s Proposed Revisions to the COVID-19 Emergency Temporary Standards—Changes Are Coming,” which will take place on Thursday, May 13, 2021, from 11:00 a.m. to 12:00 noon Pacific. The speakers, Kevin D. Bland, Charles L. Thompson, IV, and Karen F. Tynan, will cover the proposed revisions to the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Emergency Temporary Standards. Register here. Important information for employers is also available via podcast programs.

USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2017 on April 1, 2016

The filing period for new H-1B petitions to be counted against the annual H-1B quota (or H-1B cap) for Fiscal Year (FY) 2017 will begin on Friday, April 1, 2016. Cap-subject H-1B petitions will have an employment start date of October 1, 2016 or later. In preparation for the opening of the FY 2017 H-1B filing period, employers are strongly encouraged to begin identifying current and future employees who will need H-1B visa status to be legally employed in the United States. Individuals currently holding F-1 student or J-1 trainee visas, individuals seeking to change to H-1B status from another visa status (such as L-1, TN, O-1, or E-3), and individuals outside of the United States commonly require a cap-subject H-1B petition to be filed on their behalf.

USCIS Establishes New Five-Prong Test for “Function Managers”

Multinational companies that wish to transfer managerial employees to the United States now have clarification on the criteria required to do so. A new five-prong test adopted by U.S. Citizenship and Immigration Services (USCIS) speaks directly to the issue of which multinational employees can be considered “function managers.”

Employee Entitled To Unemployment Benefits When His Employer Caused His Transportation Issues

Utley v. Board of Review, Dept. of Labor, 2008 WL 204936 (N.J. May 15, 2008) – In a rare unemployment benefits case to reach the New Jersey Supreme Court, the Court held that an employee who resigned due to lack of transportation was entitled to unemployment benefits where the transportation problems were caused by the

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USCIS Will Begin Accepting Cap-Subject H-1B Petitions for Fiscal Year 2017 on April 1, 2016

USCIS Establishes New Five-Prong Test for “Function Managers”

Employee Entitled To Unemployment Benefits When His Employer Caused His Transportation Issues