California Places More COVID-19 Related Restrictions on Businesses and Employers

On July 1, 2020, as a result of rapid increases in the number of COVID-19 cases throughout California, and on the heels of the Fourth of July long weekend, Governor Gavin Newsom instructed businesses in 19 counties across the state to roll back their reopenings for at least the next three weeks.  The Governor’s instructions require the closure of:

  • All indoor, in-person dining at restaurants (outdoor dining and takeout are still permitted, so long as social distancing protocols are followed);
  • Indoor tasting rooms and wineries;
  • Indoor museums, zoos, and aquariums;
  • Indoor movie theaters and family entertainment centers; and
  • Cardrooms and satellite wagering facilities.

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New York’s First Department Appellate Division Highlights the Stringent Requirements for Reasonably Accommodating Individuals with Disabilities Under New York City Human Rights Law

On June 18, 2020, the First Department issued Hosking v. Memorial Sloan-Kettering Cancer Ctr., 2020 N.Y. Slip Op. 03484 (1st Dept. June 18, 2020), a decision analyzing the more stringent requirements under the New York City Human Rights Law (“NYCHRL”) for employers to reasonably accommodate individuals with disabilities, compared to the requirements under the New York State Human Rights Law (“NYSHRL”) and the Americans with Disabilities Act (“ADA”). In Hosking, the First Department determined that plaintiff’s disability discrimination claims under the NYSHRL and NYCHRL properly survived summary judgment as issues of fact were raised about whether the defendant sufficiently engaged in a cooperative dialogue to accommodate plaintiff’s disability prior to terminating her employment. Continue Reading

DOL Issues Guidance on FFCRA and Summer School/Camp Closures

The summer season is normally a time the children are off to summer camps, enrichment programs, or summer school sessions.  This year, however, employees are finding themselves without available childcare in the wake of continued widespread COVID-19-related closures.  As state and local governments vacillate between easing and increasing restrictions, normal summer programs may be unavailable, or if open, may be operating at significantly reduced capacities. Continue Reading

What Does the Supreme Court DACA Decision Mean for DACA Employers and Employees?

Court Decision

On June 18, 2020, the U.S. Supreme Court ruled that the U.S. Department of Homeland Security (DHS) decision in 2017 to rescind the Deferred Action for Childhood Arrivals (DACA) program violated the Administrative Procedures Act (APA) because it was implemented without the required Notice and Comment and without publication of a final rule that articulates the reasonable basis for the agency’s actions.  As such, the Court ruled that DHS’s action was arbitrary and capricious. Continue Reading

OSHA Issues New COVID-19 Guidance Answering Practical Questions on Returning to Work

On June 17, 2020, the federal Occupational Safety and Health Administration (“OSHA”) issued its “Guidance on Returning to Work.”  This new guidance is intended to supplement the previous “Guidance on Preparing Workplaces for COVID-19” that OSHA published in March.  Most non-essential businesses throughout the country have already reopened and returned at least some portion of their workforce to the workplace.  However, with the risk of occupational exposure to COVID-19 still present, employers must continue to monitor and follow new and evolving federal, state, and local guidance aimed at protecting the safety and health of employees.  OSHA’s new guidance contains “guiding principles” that OSHA recommends employers incorporate into their reopening plans.  In addition, the new guidance provides OSHA’s responses to frequently asked questions on testing and screening employees and identifies specific OSHA standards and requirements that are applicable to minimizing occupational exposure to COVID-19.  Because much of the new guidance deals with mitigation measures that many employers have already implemented, this article seeks to assist employers with understanding specific directives and concerns in the guidance that are new or may have been overlooked previously. Continue Reading

How the New Presidential Proclamation Regarding Non-Immigrant Visas Affects Your Company

Presidential Proclamation

On June 22, 2020, the White House announced an extension and expansion of Proclamation 10014, which was originally announced on April 22, 2020 and restricted the issuance of and entry on immigrant visas.  The new visa ban expands the restrictions to certain non-immigrant categories. Continue Reading

Judge Jackson Explains the Basis for Her Invalidation of the Board’s Election Regulations

As we previously discussed earlier this month, District Court Judge Ketanji Brown Jackson issued an Order in American Federation of Labor and Congress of Industrial Organizations v. National Labor Relations Board, Civil Case No. 2020-0675, invalidating five of the National Labor Relations Board’s (NLRB or Board) soon-to-be implemented new elections rules (2019 rules).  Issued in haste on May 30 to head off the Board’s May 31 implementation of the new rules, Judge Jackson’s Order offered little explanation for her decision except to say that she found each of the challenged new election procedure rules unlawful and set them aside because they were “not procedural rules” exempted from the Administrative Procedure Act’s (APA) notice-and-comment rulemaking requirements. Continue Reading

Not Today Corona: EEOC Bans Employer Antibody Screenings

On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”). EEOC COVID-19 Technical Assistance A.7. Though the ADA mainly protects disabled individuals from workplace and public discrimination, some parts of the Act apply universally. One such section prohibits employers from compelling workers to submit to medical examinations that are not “job-related and consistent with business necessity.” 29 CFR § 1630.14(c). Continue Reading

U.S. Supreme Court Rules That Title VII’s Protections Extend to LGBTQ Employees

In a landmark opinion authored by Justice Neil Gorsuch, the U.S. Supreme Court has ruled that Title VII’s prohibition of employment discrimination based on sex applies to both sexual orientation and gender identity.

sexual orientation

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