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An Update Concerning Employer Mandatory Vaccination Policies – COVID-19 (US)

With news reports emerging this week that two companies each have developed a COVID-19 vaccine that is more than 90% effective and carries few side effects, and that mass immunizations may begin as early as December 2020, when more than 20 million doses of the vaccines are predicted to be available, employers will soon confront … Continue Reading

WEBINAR – November 5 – Healthcare Employers’ COVID-19 Update: A Practical Discussion of Recent Employment Law Developments Relating to COVID-19 (US)

As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, William J. Kishman and Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front … Continue Reading

Remember Vacations? Considerations for Employers When Addressing Employees’ Personal Travel During COVID-19 (US)

It’s been more than six months since the COVID-19 pandemic took hold in the United States, and during this period, most of us have remained either in, or very close to, our homes. Although a second wave of infections now appears to be starting, the colder temperatures of winter, the approaching holiday season, or the … Continue Reading

A Timely Redux: Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

In June 2020, we added a post to Employment Law Worldview addressing the complicated situation employers are in when employees express – sometime respectfully, sometimes not – different, and indeed, opposite views on COVID-19 issues (e.g., legitimate public health emergency versus hoax or “plandemic”), racial justice (“Black Lives Matter” versus “All Lives Matter”), and politics … Continue Reading

US Immigration Update: Must Be the Season of the Witch

It’s been a frenetic October and we’re still in the first week. Here is a quick summary of significant developments in U.S. Immigration just within the past few days. Federal District Court Issues Preliminary Injunction Halting Implementation of Nonimmigrant Visa Ban On October 1, 2020 Judge Jeffrey S. White of the District Court for the … Continue Reading

A Guide for Employers Considering A Mandatory Flu Vaccination Policy (US)

As if 2020 hasn’t already presented more than its fair share of challenges, flu season is now rapidly approaching. Combined with the still ongoing COVID-19 pandemic, employers are more concerned than ever before with ensuring that their employees stay healthy and productive. As a result, many employers are weighing the pros and cons of encouraging, … Continue Reading

California’s COVID-19 Sick Leave: Expanded and Articulated (US)

AB 1867 was signed into law by Governor Newsom on September 9, 2020. The purpose of the bill is to eliminate gaps in coverage so that many more employee have access to paid sick days if they are exposed to or test positive for COVID-19 in 2020. This means that the new law applies to … Continue Reading

Department of Labor Issues Updated Families First Coronavirus Response Act Regulations, But Does Little To Resolve Employer Uncertainty (US)

The Families First Coronavirus Response Act (FFCRA) was enacted on March 18, 2020. The sweeping federal legislation provides emergency paid sick leave (EPSL) and expanded paid Family and Medical Leave (EFML) to certain covered workers impacted by the COVID-19 pandemic. On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations implementing the FFCRA … Continue Reading

EEOC Provides Welcome COVID-19-Related Guidance To Employers As Employees Return To The Workplace (US)

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued updated guidance concerning COVID-19 and the workplace. The update provides much-needed answers to questions that have been troubling employers struggling to adapt to circumstances presented by the still-ongoing public health emergency. Can we test employees for COVID-19 prior to allowing them back in … Continue Reading

Department of Labor Schools Parents On Leave Options During Virtual Learning (US)

We previously blogged on the myriad challenges faced by workers whose children are returning to school this fall: some online, some in-person, and some a combination of both. As we noted in our prior post, the Families First Coronavirus Response Act (FFCRA), which is effective through December 31, 2020, provides up to eighty (80) hours … Continue Reading

FLSA Compliance Update: Employers Must Exercise Reasonable Diligence In Tracking Hours Worked By Remote Workers (US)  

Due to the COVID-19 pandemic, many employers have implemented teleworking and other remote work arrangements for their employees. Because these employees are not physically present in the workplace, there has been some uncertainty surrounding what obligations employers have to under the Fair Labor Standards Act (“FLSA”) to monitor and track hours worked by non-exempt, hourly … Continue Reading

Pennsylvania Hazard Pay for COVID-19 Frontline Workers (US)

On July 16, 2020, Pennsylvania Governor Tom Wolf announced a hazard pay grant program to help employers provide additional pay for employees engaged in life-sustaining occupations during the COVID-19 pandemic.  This hazard pay is funded by $50 million from the CARES Act and is intended to recognize and reward frontline workers and to help eligible … Continue Reading

School’s Out For….Ever?? Preparing for COVID-19-Related Attendance Challenges (US)

It seems like just yesterday that spring school terms were cancelled thanks to the coronavirus. Employees left the workplace en masse, sometimes without choice thanks to government shutdown orders, while others left suddenly to begin involuntary tours of duty as homeschool teachers with no training whatsoever, myself included. (My daughter’s strident request for a substitute … Continue Reading

OSHA Updates Guidance On COVID-19-Related Workplace Safety (US)

As businesses continue to reopen and more workers return to the workplace despite significant increases in infection rates in some parts of the country, many questions have surfaced about employers’ obligations to provide employees with a safe workplace. The Occupational Safety and Health Administration (OSHA) recently updated its informal COVID-19-related guidance to address a number … Continue Reading

DOL Update: COVID-19-Related Guidance and New Opinion Letters (US)

During the week of June 22, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued three Field Assistance Bulletins, each providing guidance to WHD field staff regarding three unique compliance issues related to the COVID-19 pandemic. In addition, on June 25, 2020, the DOL released five fact-specific opinion letters discussing various … Continue Reading

Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

We’re living through a period of time in the US unlike any we have previously experienced,  simultaneously grappling with a deadly public health emergency, mass protests – some peaceful, some not – seeking racial justice and police reform, and an increasingly bitter, partisan political landscape that likely only will intensify as we get closer to … Continue Reading

An Extended Pause: New Presidential Proclamation Halts US Entry for Thousands of Workers

As expected, President Trump signed a presidential proclamation (“Suspension of Entry of Immigrants and Nonimmigrants who Present a Risk to the United States Labor Market During the Economic Recovery Following the 2019 Novel Coronavirus Outbreak” hereafter “Nonimmigrant Proclamation”) extending the duration of his prior suspension of immigrant visas (for those entering the U.S. permanently) and … Continue Reading

COVID-19 Temperature Testing? Yes. Viral Testing? Yes. Antibody Testing? No! (US)

Employers undertaking the reopening process following COVID-19-related shutdown orders are grappling with what measures they can implement to reduce the potential for transmission of the SARS-CoV-2 virus in their workplace. In addition to requiring face masks, mandating physical distancing, and encouraging regular handwashing, some employers also are requiring employees to submit to medical testing as … Continue Reading

EEOC Updates COVID-19 Guidance With Answers To More Return-To-Work Questions (US)

Throughout the current public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) has been providing regular updates to its guidance on COVID-19 and compliance with the Americans with Disabilities Act (ADA) and other federal employment statutes (see our prior posts here). On June 11, 2020, the EEOC provided answers to approximately 10 new questions, … Continue Reading

Take Two: Illinois Enacts Law Providing Presumption of Workers’ Compensation Coverage for COVID-19 (US)

On June 5, 2020, Illinois Governor Pritzker signed into law HB 2455, which creates a rebuttable presumption of workers’ compensation coverage for first responders and front-line workers who are exposed to and contract COVID-19. This recent legislative enactment follows the withdrawal of Illinois Workers’ Compensation Commission’s emergency rule which included similar language. In enacting this … Continue Reading

New PPP Legislation Provides Employers More Flexibility On Use Of Loans For Payroll Expenses (US)

In this post from Squire Patton Boggs’ Capital Thinking blog, our colleagues Kirk Beckhorn, Pablo Carrillo, Keith Bradley, Karen Harbaugh, George Schutzer and Tom Reems discuss changes to the Paycheck Protection Program established by the CARES Act as a result of the signing of the Paycheck Protection Program Flexibility Act of 2020 in to law on June 5, 2020. ***  ***  … Continue Reading

Venture Law Meetup Webinar June 5: COVID-19: Considerations for Getting Back to the Office (US)

Please join colleagues in our Venture Law Meetup Group for a monthly webinar on Friday June 5 at 9 am EDT. Leah G. Brownlee will be joined by Matthew Cooper and Matt Secrist to discuss considerations for getting back to the office in the COVID-19 pandemic. Register using this link. This complimentary webinar series aims … Continue Reading

WEBINAR May 28: Mandatory COVID-19 Updates to Injury and Illness Prevention Programs for California Employers (US)

The California Occupational Safety and Health Administration has issued new guidelines for protecting workers as businesses expand activities during the continuing COVID-19 pandemic. These guidelines include updated control measures as well as specific topics which must be addressed in employers’ COVID-19 response plans and written Injury and Illness Prevention Programs. Not only could failure to … Continue Reading

Updated OSHA Guidance Demonstrates Employers’ Need for Further Pandemic Planning (US)

On May 19, 2020, OSHA issued two updated memorandums to regional administrators and state plan designees. The first updated the agency’s enforcement guidance for recording COVID-19 cases in the workplace. As we discussed here, OSHA originally indicated on April 10, 2020 that it would be exercising “enforcement discretion” and focusing COVID-19 recordkeeping requirements in the … Continue Reading
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