Under an amendment to New Jersey Rule of Evidence (N.J.R.E.) 530 (Waiver of Privilege by Contract or Previous Disclosure), a “safe harbor” is available effective July 1, 2020, to clients and attorneys who inadvertently disclose information protected by the attorney-client privilege or work-product doctrine.
Archives for July 2020
Washington Governor Expands Job Protections for High-Risk Employees during COVID-19 Crisis
With an amended Proclamation, Washington State Governor Jay Inslee announced on July 29 that Proclamation 20-46 regarding Washington “high-risk” employees will be extended through the duration of his current State of Emergency and provide expanded protections to those workers.
The Pros and Cons of Federal COVID-19 Liability Protections
Congress is currently battling over another coronavirus relief package and one of the main areas of contention is COVID-19 liability protections for businesses.
Current Beneficiaries May Renew DACA Status While Program Undergoes Review, Administration Announces
In response to the June 2020 U.S. Supreme Court decision that the DACA program had not been properly terminated by the Trump Administration, President Donald Trump has announced he will be instituting a comprehensive review of the program. During that review, current DACA beneficiaries will be able to renew their
Now You See Them, Now You Don’t: OSHA Removes Recently Published FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19
The U.S. Occupational Safety and Health Administration (OSHA) has withdrawn from its website—without public explanation—a controversial interpretation of its requirement to report in-patient hospitalizations of employees who contracted work-related cases of COVID-19.
All Signs Lead to Cal/OSHA Issuing COVID-19 Citations In the (Very) Near Future
By: All Signs Lead to Cal/OSHA Issuing COVID-19 Citations In the (Very) Near Future
Governor Newsom’s televised news briefing on July 24, 2020, provided clues that enhanced enforcement of COVID-19 workplace safety is in the works. Likely, in response to criticism of the perceived ineffective response to worker protection during COVID-19,
Senate Republicans Propose Bill to Shield Employers From COVID-19 Related Lawsuits
By: Senate Republicans Propose Bill to Shield Employers From COVID-19 Related Lawsuits
This week, Senate Republicans introduced a bill (S-4317) that would provide employers with protections from certain types of COVID-19 lawsuits that are already being filed and are expected to increase in the coming months. Importantly, this would be a
Despite New GC Guidelines, Mail Ballot Elections the Norm
The early evidence is in, and the results are clear. National Labor Relations Board (NLRB) Regional Directors decidedly have not embraced the General Counsel’s (GC) guidelines on conducting manual ballot (in-person) elections during the COVID-19 pandemic. Memorandum GC 20-10 “Suggested Manual Election Protocols” (July 6, 2020). For more on the
International Newsletter — July 2020
This edition of our newsletter features over 60 developments from around the world that international organisations will want to know about.
Virginia Issues Guidance in Support of Emergency Temporary Standard for the COVID-19 Pandemic
Executive Summary: As first discussed in our July 17, 2020 alert, the Department of Labor and Industry’s (DOLI) Virginia Occupational Safety and Health (VOSH) Program and the Virginia Safety and Health Codes Board have adopted an Emergency Temporary Standard for the COVID-19 Pandemic (ETS). The ETS, which went into effect on July 27, 2020, applies to all private, state, and local government employers and employees covered by VOSH jurisdiction.
Connecticut Creates Rebuttable Presumption that COVID Infection was Work-Related for First Months of the Pandemic
On July 24, 2020, Connecticut Governor Ned Lamont signed his 63rd executive order in response to the public health emergency posed by COVID-19. Executive Order 7JJJ (“the Order”) creates a rebuttable presumption that certain workers who missed at least one (1) day of work between March 10, 2020 and May 20, 2020 and who were diagnosed with COVID-19 contracted the virus on the job.
Face Coverings Required in Indiana; Indianapolis Imposes Additional Restrictions
Indiana Governor Eric Holcomb has issued a statewide mask order effective July 27, 2020, through August 26, 2020. Under this Order, anyone at least eight years old must wear a face covering in indoor public spaces, commercial entities, or transportation services, and in outdoor public spaces where social distancing of at least six feet is not possible.
Adam Cantor and Kathryn Wheeler Discuss IRS Deadlines
Adam Cantor and Kathryn Wheeler discuss employer confusion over IRS benefits deadlines and related compliance points in “Reminder: July 31 Form 5500 Deadline Wasn’t Extended,” published by SHRM.
Courtney Malveaux Discusses Virginia COVID-19 Regulations
Courtney Malveaux discusses the implications of Virginia’s sweeping new regulatory changes designed to limit the spread of COVID-19 in “Business leaders receive details on state’s new, temporary COVID-19 workplace standards,” published by The Winchester Star.
Transferring Employee Data after EU-U.S. Privacy Shield Invalidated
Businesses are now prohibited from transferring employee personal data from the European Economic Area (EEA) to the U.S. under the EU-U.S. Privacy Shield program. The Court of Justice of the European Union (CJEU) declared the EU-U.S. Privacy Shield invalid in Data Protection Commissioner v. Facebook Ireland and Schrems (C-311/18) (Schrems