News, Insights, and Strategies for Employers from Jackson Lewis
On December 2, 2020, the Ninth Circuit Court of Appeals upheld preliminary injunctions blocking USCIS from enforcing the “new” Public Charge Rule in 18 states and the District of Columbia.
The Court found the rule was inconsistent with any reasonable interpretation of the statute which requires long-term dependence on government support, not temporary resort to…
Shortly before Thanksgiving, California’s Department of Industrial Relations Occupational Safety & Health Standards Board (“Board”) adopted a general safety order that creates an emergency temporary standard specific to potential workplace COVID-19 exposures (“Rule”). The Rule was quietly approved by the Office of Administrative Law without detailed analysis on November 30th and went into effect…
On December 1, Judge Jeffrey S. White granted the plaintiffs’ request to set aside two separate rules issued by the Trump Administration that would have drastically undermined the ability of employers to utilize both the H-1B and PERM visa programs. In Chamber of Commerce of the United States v. United States Department of Homeland Security,…
OSHA has issued guidance on personal protective equipment (“PPE”) and respiratory protection use in nursing home and long term care facilities (collectively “LTCFs”) to protect against COVID-19. In its recently issued guidance, OSHA sets forth additional detail about the strategies it believes LTCFs should consider when protecting employees from COVID-19. As a preliminary reminder,…
Along with extending its flexibility in allowing virtual Form I-9 employment verification until December 31, 2020, USCIS is also continuing its flexibility with regard to long-pending Employment Authorization Document (EAD) applications. USCIS expected that this interim solution would only be necessary through December 1, 2020, but the delays in producing EAD cards have continued.
As…
On November 19, 2020, California’s Department of Industrial Relations Occupational Safety & Health Standards Board (“Board”) adopted a general safety order that, in effect, creates an emergency temporary standard specific to potential workplace coronavirus (“COVID-19”) exposures (“COVID-19 Prevention Rule” or “Rule”). While not the first state to adopt an emergency temporary standard (see our earlier…
On November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work before the end of the standard 14-day quarantine period following exposure to COVID-19. In this updated guidance, the CDC reiterated its standard recommendation that all individuals known to be exposed to a person…
As previously reported, on October 2, 2020, the Michigan Supreme Court invalidated post-April 30, 2020 Executive Orders that Governor Whitmer issued related to the COVID-19 pandemic. The opinion can be found here. As a result, a patchwork of laws and agency orders have stepped in to cover the gaps left by the invalidated Michigan…
As part of the agency’s ongoing efforts to address the COVID-19 pandemic in workplaces, OSHA continues to issue alerts and guidance designed to keep workers safe. The most recent guidance issued by OSHA deals with ventilation in the workplace to help maintain a safe and healthy work environment.
Under the guidance, OSHA recommends that…
As the NCAA Men’s Basketball 2020-2021 regular season schedule is about to begin in the midst of escalating coronavirus pandemic spikes and increasing hospitalizations around the country, the NCAA Division I Men’s Basketball Committee announced today the relocation of 13 predetermined preliminary round sites for the 2021 Division I Men’s Basketball Championship to one geographic…
