Tag Archives: coronavirus

OSHA Publishes Responses to Frequently Asked Questions on Worker Safety During COVID-19 Pandemic

On July 2, 2020, the federal Occupational Safety and Health Administration (“OSHA”) published an FAQ web page based on COVID-19 related inquiries that the agency received from the public.  The FAQ page provides a central location for information and links on a variety of topics related to best practices to ensure worker safety and protect … Continue Reading

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 … 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, … 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 … 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 … Continue Reading

Up Close & Personal: Contact-Tracing Apps & Employee Privacy

Our proximity and “close contact” with other humans is on the front lines in the war against coronavirus.  Yet tracking 6 feet of distance from every human we encounter for a 14 day period is nearly impossible without the help of technology like contact-tracing apps.  Although many privacy and employment laws designed to protect employee … Continue Reading

Drastic Changes Coming to U.S. Offices as the CDC Recommends An Office Makeover

On Wednesday, May 27, 2020, the Centers for Disease Control and Prevention (“CDC”) issued new guidance (available here) detailing how employers can safely reopen offices following months of closure amid the ongoing COVID-19 pandemic. The CDC guidance provides a step-by-step checklist for employers to follow to ensure that their office spaces are physically prepared for … Continue Reading

A Roadmap to Resilience: Debriefing California’s Reopening Plan

On March 19, 2020, California Governor Gavin Newsom issued a Stay At Home Order mandating that all California residents stay home, except as needed to support California’s essential critical infrastructure sectors.  This Order has no set end date. However, as many states across the country begin to slowly reopen their economies, California Governor Gavin Newsom … Continue Reading

Cal/OSHA Issues New COVID-19 General Industry Guidance for All California Employers

As California businesses begin to reopen and return employees to physical workplaces, there are numerous safety measures for employers to consider implementing to minimize the spread of COVID-19.  On May 14, 2020, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued its “Interim General Guidelines on Protecting Workers from COVID-19.”  The new guidelines replace the … Continue Reading

The California Data Privacy Implications of Using Facial Recognition in the Wake of the COVID-19 Pandemic

On May 4, 2020, California Governor Gavin Newsom announced that the state would begin the process of allowing various businesses to reopen physical locations as part of a four-phase plan that seeks to gradually re-establish business operations in light of the ongoing COVID-19 pandemic.  While a welcome sign for many businesses and employees, the phased … Continue Reading

The City of Los Angeles Passes Worker Retention Ordinance for Certain Employers

On April 29, 2020,  the City of Los Angeles passed the COVID-19 Worker Retention Ordinance to protect workers amid the economic fallout of the COVID-19 pandemic by requiring certain businesses within the City to adhere to worker retention provisions whenever a change in control occurs within two years following the declaration of emergency due to … Continue Reading

Mother of Presumptions: Employees With COVID-19 Presumed to Have Contracted Virus From Exposure at Work

On May 6, 2020, California Governor Gavin Newsom issued Executive Order N-62-20 (the “Order”), which states employees that test positive for COVID-19 are presumed to have contracted the virus in the course of employment for purposes of awarding workers’ compensation benefits, if certain requirements are met.… Continue Reading

Priority Hiring Required for Laid Off Workers of Covered Employers in Los Angeles

On April 29, 2020, the City of Los Angeles issued a new ordinance, entitled “COVID-19 Right of Recall,” that requires covered employers in Los Angeles to offer priority hiring for laid off rank and file workers, and to allow those workers 5 business days to accept or deny the offer of employment.  Specifically, covered employers … Continue Reading

Los Angeles County Enacts Supplemental Paid Sick Leave Ordinance Effective Immediately

Los Angeles County enacted an ordinance requiring employers with 500 or more employees nationally and that are not otherwise covered by the federal Families First Coronavirus Response Act and Governor Newsom’s Executive Order N-51-20 to provide employees with supplemental paid sick leave for COVID-19 related reasons.  The City of Los Angeles previously passed a similar … Continue Reading

UPDATED: New York Workers’ Compensation Law: Is COVID-19 Compensable?

As previously noted in our blog, workers’ compensation is an emerging area of concern for employers during the COVID-19 crisis.  For New York employers in the heart of the pandemic, the question of whether one of their employees will contract COVID-19 in the workplace is less a matter of “if” than “when.”  Infected employees may … Continue Reading

Workers’ Compensation Claims During the Pandemic and Mitigating the Risk

While essential workers continue to make their way into the office amid the pandemic, many other Californians have been ordered to shelter in place.  At first blush, non-essential businesses may view this as leading to a decrease in workers’ compensation claims because they no longer have employees physically reporting to the office.  There could be … Continue Reading

As America Prepares to Return to Work, EEOC Approves Testing Employees for COVID-19

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance concerning COVID-19, affirming an employer’s ability to medically test its employees for COVID-19 before allowing employees to enter the workplace.  The new guidance expands employers’ options to include medical tests that detect the presence of the COVID-19 virus – not just temperature checks.  The EEOC … Continue Reading

DOJ and FTC Issue Joint Statement Regarding COVID-19 and Antitrust Violations

The Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) recently issued a joint statement (the “COVID-19 Statement”) regarding what constitutes lawful “procompetitive collaborations” between companies to address certain needs for consumers and businesses during the coronavirus pandemic.  It also detailed what constitutes unlawful anticompetitive behavior related to essential and frontline workers and other … Continue Reading

San Francisco Surpasses Other Jurisdictions and Enacts Expansive COVID-19 Related Paid Sick Leave

On April 14, 2020, the San Francisco Board of Supervisors unanimously passed the Public Health Emergency Leave Ordinance (PHELO).  Mayor London Breed signed the ordinance into law on April 17, 2020, making it effective immediately.  The PHELO was created in an effort to fill the gap left by the federal Families First Coronavirus Response Act … Continue Reading

Additional Paid Leave for Some San Jose Employees Under the COVID-19 Paid Sick Leave Ordinance

In an effort to fill the gap left by the federal Families First Coronavirus Response Act (FFCRA), the San Jose City Council unanimously passed the COVID-19 Paid Sick Leave Ordinance (“Ordinance”) on April 7, 2020.  The Ordinance requires covered businesses operating in San Jose to provide Covered Employees with at least 80 hours of paid … Continue Reading

Unemployment Insurance Benefits: A COVID-19 Update for California Employers

As a result of the COVID-19 pandemic, more than 16 million Americans have filed for unemployment in the last three weeks—approximately 10% of the domestic workforce.  This unprecedented number has challenged our unemployment insurance system.  This article discusses how unemployment agencies will administer benefits provided under various federal and state laws recently enacted in response … Continue Reading
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