Topics

Advice and Counsel

Washington Ending COVID-19 Emergency Proclamations Philadelphia Mandates COVID-19 Vaccine for All City Workers Texas Legislative Update: What Employers Should Know About the 87th Session

Affirmative Action, OFCCP and Government Contract Compliance

Nationwide Injunction on COVID-19 Vaccine for Federal Contractors Applies to Vaccine Requirement Only Update on Federal Contractor Vaccine Mandate Injunction OMB Issues Guidance on Impact of Injunction on Government Contractor Vaccine Mandate

Agriculture

Legislation Update: House Passes Bills on Dreamers, Farm Workers Cal OSHA issues Updated Infection Prevention Guidance for Agricultural Employers

California

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers CDPH Updates Definition of COVID-19 Outbreak California State Grant Program for COVID-19 Supplemental Paid Sick Leave

Class Actions and Complex Litigation

Class Actions Trends Report - Fall 2022 Class Action Trends Report Winter 2022 Class Action Trends Report Fall 2021

Collegiate and Professional Sports

University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit Indiana District Court Denies Students’ Challenge to Indiana University’s Vaccine Mandate Major League Soccer To Exercise Force Majeure Clause To Reopen Negotiations With Its Players To Address COVID-19 Financial Realities

Connecticut

Connecticut Mandates Vaccination for Employees of Broadly Defined ‘Long-Term Care Facilities’As COVID Restrictions Ease, “Fully Reopen” May Not Mean Business As Usual

Construction

Have You Started Your COVID-19 Training and Infectious Disease Plan In Virginia?More Guidance on COVID-19 Response Measures for FDA Regulated Human and Animal Food Operations Cal OSHA issues Updated Infection Prevention Guidance for Agricultural Employers

Corporate Diversity Counseling

While We Were Social Distancing … Heading Back to the Office in a New Virginia

Corporate Governance and Internal Investigations

The Role of Company Directors During COVID-19 Investigating Complaints Containing Second-Hand Information in the COVID-19 Era Judges, Senators, DOJ Officials: Action Required by President, AG to Protect Inmate Population during COVID-19 Crisis

Data Analytics

Can Employers Use Artificial Intelligence And Data Analytics To Track Remote Workers?Don't Forget to Evaluate the Selections in Reductions in Force During COVID-19 Pandemic EEOC Releases ‘Return to Work’ and Employee COVID-19 Testing Guidance

Delaware

Key Components of a COVID-19 Screening Program

Disability, Leave and Health Management

New Executive Order Relieves Federal Contractors From Safer Federal Workforce Requirements Ending of Federally Mandated COVID-19 Vaccination Requirements, COVID-19 Public Health Emergency Cal/OSHA COVID-19 Prevention Non-Emergency Regulations Have Taken Effect as of February 3, 2023

Employee Benefits

A Brief Status Report On COBRA At-Home COVID-19 Testing Options and Alternatives The Pandemic Continues, but ACA Reporting Relief Does Not

ERISA Complex Litigation

Plan Defends Valuation of Accounts in Midst of COVID-Related Market Volatility

Florida

COVID-19 State Updates

Georgia

Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule Georgia 2021: Unemployment Benefit Developments

Government Contractors

Nationwide Injunction on COVID-19 Vaccine for Federal Contractors Applies to Vaccine Requirement Only FAR Council Issues Federal Contractor Vaccine Mandate Contract Language and Guidance to Agencies Safer Federal Workforce Task Force Issues Guidance for Federal Contractor Compliance with COVID-19 Executive Order

Healthcare

Spread of COVID-Whistleblower Legislative Protections Continues Unabated Four Key Takeaways from the American Society for Health Care Human Resources Administration Annual Conference Cal/OSHA to Vote on Third Readoption of ETS

Higher Education

COVID-19 State Updates University Policy Mandating COVID-19 Vaccines for Student-Athletes Blocked by Sixth Circuit Vaccine Verification and Testing Requirements for Workers in Schools Across California

Hospitality

United States to Open Borders with Canada and Mexico for Vaccinated Nationals Beginning November Puerto Rico Governor Extends Mandatory COVID-19 Vaccination to Additional Private Industries San Francisco Mandates Vaccination Verification for Certain Businesses’ Staff and Patrons

Illinois

COVID-19 State Updates

Immigration

Expiration of COVID-19 Travel Restrictions COVID-19 Restrictions Return for Travelers from China, Hong Kong, Macau U.S. Continues to Require Proof of COVID-19 Vaccination for Foreign National Air Passengers

Indiana

Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule Indiana District Court Denies Students’ Challenge to Indiana University’s Vaccine Mandate

Industries

Expiration of COVID-19 Travel Restrictions COVID-19 Restrictions Return for Travelers from China, Hong Kong, Macau Spread of COVID-Whistleblower Legislative Protections Continues Unabated

International Employment Issues

Some Travel Restrictions to Relax for Fully Vaccinated in November, Administration Announces

Iowa

COVID-19 State Updates

Kentucky

Federal Contractor Vaccine Mandate Temporarily Enjoined in Three States

Labor Relations

Unions Ask 6th Circuit to Transfer COVID Rule Case to D.C. Circuit; Government Opposes En Banc Review California Labor Commissioner Issues Guidance for Statewide Right of Recall California’s Labor Commissioner Issues Required Poster and FAQ Regarding New COVID-19 Supplemental Paid Sick Leave

Litigation

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions Texas Legislative Update: What Employers Should Know About the 87th Session In Pennsylvania, Facial Expressions Matter.

Louisiana

Fifth Circuit Grants, In Part, Motion to Stay Nationwide Preliminary Injunction on Centers for Medicare & Medicaid COVID-19 Vaccine Rule The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues

Manufacturing

Practical Strategies for Manufacturers Managing COVID-19 Testing, Vaccine Mandates Manufacturing Labor Shortage: Cultivating Skilled Labor by Engaging Local Communities

Maryland

City of Baltimore May Criminalize the Use of Facial Recognition Technologies by Businesses Maryland Joins New York with a BIPA-like Biometric Privacy Bill

Massachusetts

Motion Dismissed: At-Will Employee, Laid-Off During COVID-19 Shutdown, Cannot Recover Commissions Massachusetts Extends COVID-19 Emergency Paid Sick Leave to April 2022

Michigan

Michigan’s Patchwork of COVID-19 Laws & Orders For Employers MIOSHA Issues Temporary Emergency Rules for Managing COVID-19 in the Workplace Michigan Executive Order Clarifies COVID-19 Standard

Minnesota

COVID-19 State Updates COVID-19 State Updates

New Jersey

New Jersey: Vaccines Or Testing for Workers in Healthcare and High-Risk Congregate Settings As COVID Restrictions Ease, “Fully Reopen” May Not Mean Business As Usual Phishing Attack Messaging Targets COVID-19 Vaccine

New York

COVID-19 State Updates A Busy Day in Court For COVID-19 Vaccine Mandates in Healthcare The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues

Ohio

Federal Contractor Vaccine Mandate Temporarily Enjoined in Three States New Ohio Law Restricts Ability of Public Schools, Colleges to Mandate COVID-19 Vaccinations COVID-19 Update – Ohio Issues FAQs on Health Insurance Flexibility for Employers

Oregon

Oregon Issues New Rule Requiring Vaccinations of Healthcare Workers by Mid-October Oregon Temporarily Allows Vaccine Incentives and Hiring Bonuses Oregon OSHA Issues COVID-19 Temporary Rule

Pennsylvania

Philadelphia Enacts COVID-19 Supplemental Paid Sick Leave Philadelphia Mandates COVID-19 Vaccine for All City Workers Philadelphia Court System Mandates COVID-19 Vaccination for Employees

Practice Areas

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers New Executive Order Relieves Federal Contractors From Safer Federal Workforce Requirements Expiration of COVID-19 Travel Restrictions

Privacy, Data and Cybersecurity

Top 10 for 2022 – Happy Data Privacy Day!OCR Speaks to HIPAA, COVID-19 Vaccinations, Privacy, and the Workplace The Key to NYC and Other Cities’ COVID-19 Vaccine Proof Mandates, and Potential Privacy Issues

Puerto Rico

COVID-19 State Updates COVID-19 State Updates Puerto Rico Governor Extends Mandatory COVID-19 Vaccination to Additional Private Industries

Reimagining the Workplace

Reimagining Your Business with Permanent Remote Employees A Primer on Managing Remote Employees

Restrictive Covenants, Trade Secrets and Unfair Competition

New Bills Seek to Void Restrictive Covenants for Employers with Vaccine Mandates New Bills Seek to Void Restrictive Covenants for Employers with Vaccine Mandates Virginia Bans Non-Competes for Low(er)-Wage Workers

Retail and Consumer Goods

Puerto Rico Governor Extends Mandatory COVID-19 Vaccination to Additional Private Industries San Francisco Mandates Vaccination Verification for Certain Businesses’ Staff and Patrons Statewide Closures and More Counties Added to State Monitoring List

Services

Can Employers Use Artificial Intelligence And Data Analytics To Track Remote Workers?Reimagining Your Business with Permanent Remote Employees A Primer on Managing Remote Employees

South Carolina

South Carolina Requirements for Back to Work Offers

States

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers CDPH Updates Definition of COVID-19 Outbreak California State Grant Program for COVID-19 Supplemental Paid Sick Leave

Technology

Temporary Suspension of Entry Ends for Certain H, L, J Visa Categories

Tennessee

Federal Contractor Vaccine Mandate Temporarily Enjoined in Three States COVID-19 State Updates

Texas

Texas Legislative Update: What Employers Should Know About the 87th Session Judge’s Decision Halts Dallas from Enforcing Paid Sick Leave Ordinance

Transportation

New COVID-19 Restrictions in Response to Omicron Variant Some Travel Restrictions to Relax for Fully Vaccinated in November, Administration Announces Full Enforcement of REAL ID Law Moved to 2023

Travel and Tourism

Expiration of COVID-19 Travel Restrictions COVID-19 Restrictions Return for Travelers from China, Hong Kong, Macau CDC Issues Further Updates to COVID-19 Guidance for Air Travelers to United States

Uncategorized

As the U.S. COVID-19 Public Health Emergency Ends, Employers Ask Now What?Cal/OSHA COVID-19 Prevention Non-Emergency Regulations Have Taken Effect as of February 3, 2023 Spread of COVID-Whistleblower Legislative Protections Continues Unabated

Utah

COVID-19 State Updates

Virginia

Virginia Repeals Workplace COVID-19 Standard, Replaces It With Guidance While We Were Social Distancing … Heading Back to the Office in a New Virginia Will Virginia’s COVID-19 Pandemic Standard Become Permanent?

Wage and Hour

DOL Issues, Then Withdraws, Updated Guidance on Compensability of COVID-19 Testing and Vaccine Time Georgia 2021: Unemployment Benefit Developments California Labor Commissioner Issues Guidance for Statewide Right of Recall

Washington

Washington Ending COVID-19 Emergency Proclamations Washington State Continues to Mandate COVID-19 Vaccination for Certain Workers Washington Employers Can’t Relax After Reopening Under New COVID-19 Rules

Washington, D.C.

D.C. Court of Appeals Panel to Hear Argument for Reinstating Healthcare ETS COVID-19 State Updates COVID-19 State Updates

White Collar and Government Enforcement

CARES Act $2.2-Trillion Emergency Relief Fund Potential ‘Hotbed’ for Government Fraud, Abuse Investigations AG Barr: Prosecutors, BOP Should Consider COVID-19 Crisis in Determining Bail, Early Release Beware! Internet Scammers Out to Capitalize on COVID-19 Scare

Workplace Safety and Health

California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers Ending of Federally Mandated COVID-19 Vaccination Requirements, COVID-19 Public Health Emergency Oregon Joins the Growing Number of States Loosening COVID-19 Requirements in the Workplace

Workplace Training

While We Were Social Distancing … Heading Back to the Office in a New Virginia

Wyoming

DOH Employee Error Causes Breach of COVID-19 and Other Health Data Affecting Nearly 165,000 Individuals