Today, Governor Newsom signed two pieces of COVID-related legislation—AB 685 and SB 1159—into law. AB 685 imposes reporting requirements on employers related to COVID cases in the workplace. SB 1159 expands the
Archives for September 17, 2020
Eleventh Circuit rejects incentive awards for class plaintiffs
The Eleventh Circuit Court of Appeals ruled today that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as a matter of law. (Johnson v. NPAS Solutions, LLC, No. 18-12344, September 17,
Update: Federal Judge Files Amended Order in Gomez v. Trump
On September 15, 2020, Judge Amit P. Mehta filed an amended order in Gomez v. Trump in response to the Department of State’s (DOS) guidance regarding the processing of Diversity Visa applications. DOS had announced that it would not issue visas to applicants who were subject to the “14-Day Quarantine”
California SB 1159 Expands Presumption of Workers’ Compensation Liability for COVID-19 Illness Claims
In May, California Governor Newsom signed Executive Order N-62-20, which created a rebuttable presumption that certain employees who test positive for COVID-19 contracted the virus at work for workers’ compensation purposes.
Hawaii Amends its Ban the Box Law to Fortify Protections for Ex-Offenders
Hawaii has long had a law limiting the discretion that employers have to consider older conviction records in making employment decisions. Effective September 15, 2020, SB 2193 prevents most private sector employers from considering conviction records within the last 10 years, but only convictions within seven years for felony
Delaware’s COVID-19 Considerations for Health Care and Home Health Industries
Delaware Governor Carney recently issued the Twenty-Seventh Modification: State of Emergency Declaration. The recent guidelines, which became effective September 4, 2020, contain several sector-specific requirements affecting the health and home care industries operating in Delaware.
Leave for Oregon’s Volunteer Emergency Responders During Unprecedented Wildfires
On September 9, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-41 invoking the Emergency Conflagration Act Statewide in light of extreme fire danger. Governor Brown’s invocation of the Emergency Conflagration Act remains in effect until at least November 1, 2020, as wildfires continue to rage. More than 1
The Race for a COVID-19 Vaccine – Planning for the Employer Response
Many employers are hopeful that a vaccine for COVID-19 will be the silver bullet that will enable employers to return to some semblance of a pre-COVID workplace. Assuming a vaccine is developed, can an employer mandate that employees be vaccinated before coming back to work? What happens when an
New Jersey Enacts COVID-19 Workers’ Compensation Presumption Bill for Essential Workers
On September 14, 2020, New Jersey Governor Phil Murphy signed Senate Bill (SB) 2380 into law. SB 2380 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency declared by an executive order of the governor. The law is effective
20 Tips for U.S. Virgin Islands Employers in 2020: Navigating COVID-19 Inquiries and Disclosures
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 11 of this series addresses the laws relevant
I-9 Flexibility Continued for Another 60 Days, Until November 19, 2020
Days before the upcoming deadline, ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 60 days (instead of just 30 days), until November 19, 2020, due to continued precautions related to the COVID-19 pandemic.
Pursuant to the original guidelines for
Coaches, musicians and more to be exempted from California labor law under Democratic plan
According to Bruce Sarchet, the recording industry received the exemptions it wanted from the bill.
Sacramento Bee
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Littler Earns Mansfield Certification Plus Status from Diversity Lab
(September 15, 2020) – Littler, the world’s largest employment and labor law practice representing management, has earned Mansfield Certification Plus from Diversity Lab after completing a 12-month certification program. The firm achieved Plus status for the third consecutive year by considering and attaining at least 30% women, lawyers of
Do Your Work-from-Home Policies Comply with California Law?
According to William Hays Weissman, employers generally do not need to cover a percentage of teleworking employees’ rent or mortgage.
SHRM Online
Will the USMCA improve labor conditions in Mexico? Not immediately, experts say
Harry Jones considers the remedies provided by the rapid response labor mechanism.
Laredo Morning Times