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OSHA Revises Guidance For Recording Work-Related COVID-19 Cases

Nexsen Pruet • May 25, 2020
Under new OSHA guidance that goes into effect on May 26, 2020, employers covered by OSHA’s recordkeeping requirements must determine if an employee who contracts COVID-19 was infected while at work. According to the new guidance, a COVID-19 case is a recordable illness if these criteria are met:

OSHA Issues Updated COVID-19 Interim Enforcement Response Plan

Littler Mendelson, P.C. • May 25, 2020
On May 19, 2020, the Occupational Safety and Health Administration (OSHA) issued an Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) (the Updated Plan), providing new guidance to all OSHA Regional Administrators and State Plan Designees on how to investigate COVID-19-related hazards as the transmission of COVID-19 slows and workplaces continue to reopen. The new guidance takes effect Tuesday, May 26, 2020, and will supersede OSHA’s prior Interim Enforcement Response Plan from April 13, 2020. Below are the critical takeaways.

Reopening Health Plan Elections Mid-Year? IRS Leaves it up to Employers

Littler Mendelson, P.C. • May 25, 2020
On May 12, 2020, the IRS issued guidance temporarily suspending long-standing federal regulations that limit when an employee can make mid-year changes to employer-sponsored health coverage.

FFCRA FAQ: Must an Employee Enroll their Child in a Summer Program as a Precondition to Taking FFCRA Leave if the Program is Cancelled?

Littler Mendelson, P.C. • May 25, 2020
Are you working from home during the pandemic? Me, too.

COVID-19 Alert Digest 8 - FordHarrison

FordHarrison LLP • May 25, 2020
FordHarrison is closely monitoring the spread of Coronavirus and associated federal and state legislation and has implemented continuity plans, including the ability to work remotely in a technologically secure environment when necessary, to ensure continuity of our operations and uninterrupted service to our clients.

The State of California Submits Opening Brief in Appeal Over AB 51 Injunction, Arguing FAA Preemption Does Not Apply

Jackson Lewis P.C. • May 25, 2020
On January 31, 2020, a U.S. District Court preliminarily enjoined the enforcement of Assembly Bill 51 (AB 51) against arbitration agreements governed by the Federal Arbitration Act (FAA). As enacted, AB 51 would prohibit employers from conditioning employment (including continued employment) or employment-related benefits on an individual signing a mandatory arbitration agreement for disputes arising under the California Fair Employment and Housing Act or the California Labor Code. The State of California (“the State”) appealed the District Court’s decision to the Ninth Circuit Court of Appeals.

Virginia Governor Signs Marijuana Decriminalization Law Containing Employment-Related Provisions

Littler Mendelson, P.C. • May 25, 2020
On May 21, 2020, Virginia Governor Ralph Northam signed legislation (HB 972/SB 2) to decriminalize simple marijuana possession and prohibit employers from requiring applicants to disclose information related to past criminal charges for such possession. The law will take effect July 1, 2020.

Chicago Approves Landmark COVID-19 Anti-Retaliation Ordinance

Franczek Radelet P.C • May 25, 2020
This week, the Chicago City Council approved an Ordinance ensuring that “Covered Employees” can remain at home for COVID-19 related reasons without fear of being fired, even if they have exhausted any legally-mandated or employer-provided leave time.

Chicago Fair Workweek Ordinance Will Go into Effect With Delay in Private Cause of Action

Franczek Radelet P.C • May 25, 2020
City Council approved an amendment to the Chicago Fair Workweek Ordinance to temporarily protect employers from lawsuits. Although the substantive requirements of the Ordinance will still go into effect on July 1, 2020 as scheduled and may still be enforced by the City, individual employees will not be allowed to file lawsuits for violations of the ordinance occurring before January 1, 2021. For safety-net hospitals, the ordinance will still go into effect on January 1, 2021 as originally scheduled.

LA OKs Reopening Protocols For Lower-Risk Businesses, While Most Safer-At-Home Directives Persist

Carothers DiSante & Freudenberger LLP • May 25, 2020
The City and County of Los Angeles have each begun to ease into “Stage 2” of their “Roadmap To Recovery” by revising their “Safer at Home” orders progressively over the course of the last ten days. The mayoral and county public health orders continue to maintain that everyone living within LA (City and County) is to remain in their homes “as much as possible,” and should telework or work from home as much as possible, where feasible. The County order (revised yesterday) expressly states that people 65 or older and all people of any age who have active or unstable pre-existing health conditions “should remain in their residences” (unless seeking medical treatment or obtaining food and necessities), and “strongly recommends that employers offer telework or other accommodations to persons who are age 65 or older and” those with “pre-existing health conditions.”
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