Eight months into the coronavirus (“COVID-19”) pandemic and employers in both healthcare and non-healthcare settings are grappling with requirements for employees’ use of personal protective equipment (“PPE”) and respiratory protection. Rather than clarify the requirements, continually evolving guidance from the Centers for Disease Control and Prevention (“CDC”), Occupational Health and Safety Administration (“OSHA”), state safety
Practice Areas
Close Encounters of the (Cumulative) 15 Minute Kind
By Patricia Anderson Pryor on
Posted in Disability, Leave and Health Management
Just when you thought you had your contact tracing protocol down for dealing with COVID-19 exposures, CDC guidance has changed again.
The CDC has now expanded the definition of close contact to be “Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour…
Department of State Proposes to End B-1 in Lieu of H-1B Visa
By Jessica Feinstein on
Posted in Immigration
The B-1 in lieu of H-1B visa has been used by international companies to bring employees who remain on payrolls abroad to the United States for short periods of time (generally fewer than six months) to do professional level work that benefits the company abroad. Through the rulemaking process, the Department of State is proposing…
CDC’s Expansion of “Close Contact” Definition Spells Trouble for Employers
By Melanie L. Paul on
Posted in Workplace Safety and Health
On Wednesday, October 21, 2020, the CDC issued new guidance expanding the definition of a “close contact” from someone who has been within 6 feet of a COVID-19 positive person for 15 minutes or more to:
“Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more…
Study Finds Surge In Misuse of Fentanyl, Heroin and Nonprescribed Opioids During COVID-19 Pandemic
By Mary-Ann P. Czak on
Posted in Disability, Leave and Health Management
According to a new Quest Diagnostics Health Trends study published on October 8, 2020, the misuse of fentanyl, heroin and nonprescribed opioids has increased during the COVID-19 pandemic.
The study analyzed more than 872,000 de-identified lab results from all 50 states and the District of Columbia. The researchers compared drug positivity rates before the pandemic…
Suits Challenge New Rules on H-1B and PERM Labor Certification Programs
By Michael H. Neifach & Amy L. Peck on
Posted in Immigration
Business groups, universities, and technology consulting firms have filed suits seeking to enjoin the new rules on H-1B and PERM labor certification programs issued by the Department of Homeland Security (DHS) and the Department of Labor (DOL) on October 8, 2020.
Those rules, both issued as Interim Final rules and without the usual notice and…
Pandemic-Based E-Verify TNC Temporary Extensions to End
By Maggie Murphy on
Posted in Immigration
E-Verify will no longer allow extensions for addressing Tentative Nonconfirmations (TNCs) beginning November 5, 2020.
After relaxing processing guidelines because of processing hardships due to COVID-19, E-Verify is again enforcing its requirement that employees choosing to contest TNC notifications must take action to contact the appropriate government agency within 10 federal government workdays.
TNCs are…
COVID-19 Screening Program Can Lead to Litigation Concerning Biometric Information, BIPA
Posted in Privacy, Data and Cybersecurity
As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential contact with the virus. Moreover, many states and localities across the nation are mandating or recommending the implementation of COVID-19…
Remote Workers Visas in COVID-19 Pandemic
By Kimberly M. Bennett on
Posted in Immigration
Due to the COVID-19 experience, some employers and employees are exploring the idea that work may be carried out remotely. Countries with economies that rely heavily on tourism (and hard-hit by the pandemic) are using this to their advantage.
In the United States, business advocacy groups and many companies have been urging the removal of…
Pandemic Necessitates Review of Donning and Doffing Policies
By David T. Wiley on
Posted in Class Actions and Complex Litigation
As federal and state safety and health guidelines in response to the COVID-19 pandemic call for extensive use of personal protective equipment (PPE) in the workplace, employers should give their policies on “donning and doffing” a fresh look. Pandemic-related reopening orders issued by state and local governments may include requirements that will require employers to…