Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA), are entitled to paid sick leave benefits under the new public health emergency leave bill (amending Chapter 9-4100 of the Philadelphia Code) signed by Mayor Jim Kenney. The new leave requirements remain in effect until
Practice Areas
New York and New Jersey Release COVID-19 Exposure Apps
New York and New Jersey release “COVID Alert NY” and “COVID Alert NJ,” apps designed to alert their users when they have been exposed to someone who tested positive for COVID-19. These apps follow those released in Pennsylvania and Delaware and are soon to be joined by Connecticut. The states hope to enhance their contact…
New H-1B Rule Will Increase Denial of Petitions, DHS Says
The Department of Homeland Security (DHS) has released yet another rule that will make it harder and more costly for U.S. companies to employ highly skilled workers.
As a companion regulation to the “Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States” rule, DHS has released the…
Oregon OSHA Moves Forward with COVID-19 Temporary Standard
As circumstances from the coronavirus (“COVID-19”) pandemic continue to evolve, the federal Occupational Safety and Health Administration (“OSHA”) has maintained reliance on Section 5(a)(1) of the Occupational Safety and Health Act (“OSH Act”), known as the General Duty Clause, and current standards to address workplace exposures to COVID-19.
Rather than engage in rulemaking, OSHA has…
Flip-flopping Guidance: The Saga Continues
Last week we wrote about government agencies’ tendencies to “flip-flop” on guidance related to preventing transmission and spread of coronavirus (“COVID-19”), and how this impacts employers’ ability to meet health and safety compliance obligations expectations and avoid regulatory liability. Underscoring these points, on Monday the U.S. Centers for Disease Control and Prevention (“CDC”) rolled out…
California’s Governor Signs Several Bills Causing Bold Changes to Employee Leaves
California wrapped up its 2020 Legislative Session with the Governor passing several bills that bring dramatic changes to employee leave requirements.
One of the first bills signed was Assembly Bill 1867, the statewide COVID-19 supplemental paid sick leave. AB 1867 fills in some of the exceptions contained in the Families First Coronavirus Response Act…
COVID-19 Reporting: An Employer’s Nightmare
It is an unfortunate outcome of this pandemic that in the OSHA world, guidance lags behind enforcement. While state and federal agencies try to make up their minds on the best way of managing COVID-19 threats in the workplace, many employers who have to remain open are receiving citations and penalties for, essentially, making educated…
DHS Announces Relaxing Travel Restrictions to U.S.
The Department of Homeland Security (DHS) is making it a little easier for some foreign nationals to fly to the United States by lifting certain restrictions in place following the outbreak of the COVID-19 pandemic.
Under the restrictions, any airplanes carrying passengers who had recently travelled to or had been present in China, Iran, the…
Judge Issues Preliminary Injunction Against Nonimmigrant Ban
Judge Jeffrey S. White has granted the plaintiffs’ request for preliminary injunction preventing the continued enforcement of the Presidential Proclamation suspending the entry of certain individuals in H, L, and J status (Nonimmigrant Ban) in National Association of Manufacturers et al. v. Department of Homeland Security et al.
This ban has been creating uncertainty for…
Class actions have not spiked alongside pandemic—yet
Has the COVID-19 pandemic prompted a rise in class action employment lawsuits? Not yet, according to the numbers. For now, COVID employment litigation has been comprised mostly of single-plaintiff claims. Whether the dam will hold, however, remains to be seen.
The Jackson Lewis COVID-19 Employment Lit-Watch tracks labor and employment litigation developments nationwide, as sifted…