As Michigan’s COVID-19 cases continue to rise, Governor Whitmer issued Executive Order 2020-160 rescinding previous orders that had relaxed Michigan’s stay-at-home requirements. The new order closes or restricts operations of several indoor establishments, restricts social gatherings and events, and reiterates individual and workplace operation guidelines.
Archives for July 2020
Massachusetts Designates Juneteenth as a State Holiday, Creating a New Obligation for Many Retail Employers
On Friday, July 24, 2020, Governor Baker signed a bill designating Juneteenth (June 19th) as an annual state holiday in Massachusetts. In doing so, Governor Baker stated that this designation would help “recognize the continued need to ensure racial freedom and equality.” This designation also creates new obligations for
California Department of Public Health Issues COVID-19 Employer Playbook for a Safe Reopening
On July 24, 2020, the California Department of Public Health issued its most recent guidance for employers. According to the Department, the COVID-19 Employer Playbook for a Safe Reopening provides businesses with “the tools to open safely and mitigate risks associated with COVID-19.” The following are 10 takeaways from
San Francisco Issues Order Requiring Face Coverings in Public and in Workplaces
On July 22, 2020, Health Officer Tomás J. Aragón of the City and County of San Francisco issued Public Health Emergency Order No. C19-12c, entitled, “Order of the Health Officer of the City and County of San Francisco Generally Requiring Members of the Public and Workers to Wear Face Coverings.”
NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct
On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive conduct in connection with union or other protected concerted activity.
20 Tips for U.S. Virgin Islands Employers in 2020: Accommodating Disabled or High-Risk Employees During the COVID-19 Pandemic
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part nine of this series addresses the laws relevant
ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester
On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up guidance states that active students in F-1 and M-1 status, as well as schools certified by SEVP, should abide by
EEOC Expands Voluntary Resolution Efforts with Temporary Mediation and Conciliation Pilot Programs
Parties involved with EEOC charges of employment discrimination filed in the past month may notice some new language on the EEOC portal: “For charges filed after July 6, 2020, you may request mediation at any time during the charge process.” Parties typically elect mediation at the very beginning of
Virginia Enacts Pregnancy Antidiscrimination Law Imposing Mandatory Requirements on Employers
The labor and employment law revolution in the Commonwealth of Virginia has provided robust protection against unlawful discrimination as well as a comprehensive enforcement scheme. As part of that revolution, the state enacted Senate Bill 712, which amended the Virginia Human Rights Act (VHRA) to require a covered employer to
NLRB Proposed Rule Signals a Return to the Excelsior Requirement and the Advent of Absentee Ballots for Military Personnel
In another effort to amend the 2014 final rule on “quickie elections,” on July 29, 2020, the National Labor Relations Board published a notice of proposed rulemaking (NPRM) in the Federal Register that, if implemented, would further relieve pre-e
The Ogletree OFCCP Bulletin: July 2020
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
Louisiana Enacts Reforms During the COVID-19 Pandemic: Limits on Liability, Damages, and Changes to Evidentiary Rules
Louisiana Governor John Bel Edwards recently signed into law Act 336 of the 2020 Regular Session, which was filed in the Louisiana State Legislature as House Bill 826. The new act limits the liability to which Louisiana businesses and employers could be exposed due to the ongoing COVID-19 public health
DHS Limits Scope of DACA—No New Applications, Restrictions on Advance Parole, Shortened Renewals
On July 28, 2020, only six weeks after the Supreme Court of the United States blocked the U.S. Department of Homeland Security’s (DHS) attempt to end the Deferred Action for Childhood Arrivals (DACA) program, DHS issued a memorandum announcing plans to limit the scope of the DACA program, pending a
Judge Enjoins Public Charge Rule
On July 29, 2020, U.S. District Court Judge George B. Daniels of New York issued a nationwide injunction barring the Department of Homeland Security from enforcing the Administration’s Public Charge Rule during the declared national health emergency in response to the COVID-19 pandemic.
The Rule makes it harder for foreign
Oakland, California Releases Emergency Paid Sick Leave FAQs
Nearly two and a half months after its emergency paid sick leave (EPSL) ordinance took effect on May 12, 2020, Oakland, California released frequently asked questions (FAQs) about the new law. The FAQs do offer some clarification, but more often merely mirror the ordinance’s text, leaving employers with ambiguity