On November 19, 2020, over the vigorous objections of several employers, trade associations, employer agencies, and defense counsel, the California Occupational Safety and Health Standards Board voted unanimously to pass the California Division of Occupational Safety and Health’s (Cal/OSHA or the “Division”) Emergency COVID-19 Prevention Regulation. The finalized draft
Archives for November 20, 2020
CDC Clarifies Critical Infrastructure Worker Guidance – Opportunities to Continue Working Potentially Narrowed After COVID-19 Exposures
On November 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work before the end of the standard 14-day quarantine period following exposure to COVID-19. In this updated guidance, the CDC reiterated its standard recommendation that all individuals known to be
New Measures in Oregon Decriminalize Certain Narcotics and Legalize Psilocybin Therapy
Oregon voters approved two groundbreaking measures in the 2020 election season to become the first state in the nation to decriminalize personal possession of small amounts of certain controlled substances (Measure 110) and legalize the therapeutic usage of psilocybin in a controlled therapy setting (Measure 109). Many employers may be
A Rare Occurrence: California Court Overturns Arbitrator’s Award
California’s statutory ban on post-employment covenants, which are enforceable in most other states, has bedeviled employers trying to protect confidential information and trade secrets. The state’s Business and Professions Code section 16600 provides that “every contract by which anyone is restrained from engaging in a lawful profession, trade, or
Beltway Buzz: 2021 Labor and Employment Forecast
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
CDC Modifies Guidance for Critical Infrastructure Employers
The CDC continues to issue updated guidance on how to maintain a safe workplace during the pandemic. On November 16, 2020, the CDC modified its guidance for “critical infrastructure” employers on whether they can permit asymptomatic workers to continue to work after exposure to an individual with a suspected
Pennsylvania Issues Stricter COVID-19 Mitigation Measures
Citing a resurgence of COVID-19 cases in Pennsylvania with significantly higher daily case counts than in the spring and rising hospitalizations, Commonwealth Secretary of Health Dr.
Michigan’s COVID-19–Related Restrictions and Remote Work Requirements: the Latest Developments
Michigan’s rate of COVID-19 infection seems to be increasing each day, as does the volume of orders, rules, and guidance documents applicable to Michigan businesses operating during the COVID-19 pandemic.
Temporary Flexibility for I-9 Compliance Extended Through December 31, 2020
Once again, just as it was about to expire, ICE has announced a further extension of flexibility in its rules related to Form I-9 compliance. This time, the extension will continue through December 31, 2020.
Employers will be able to continue to inspect Section 2 Form I-9 documents virtually (e.g., over
TCPA Is Unenforceable Since 2015 – Federal Courts in Louisiana and Ohio Rule
In late September, the United States District Court for the Eastern District of Louisiana issued a first of its kind ruling regarding the Telephone Consumer Privacy Act (“TCPA”). The court held that TCPA provision, 47 U.S.C. § 227(b)(1)(A)(iii) – which prohibits calls (and messages) made using an Automatic Telephone Dialing Systems
Improper Appointment of Acting DHS Head Invalidates Rollback of DACA Program, Court Rules
Federal District Judge Nicolas G. Garaufis struck down the Administration’s most recent attempt to limit the Deferred Action of Childhood Arrivals (DACA) program. He held that the Acting Secretary of Homeland Security, Chad Wolf, had not been properly appointed and therefore, his recent rollback of DACA was invalid. Rules regarding
Ohio Issues COVID-19 Restrictions on Retailers
On November 13, 2020, Ohio Governor Mike DeWine and Interim Director of the Ohio Department of Health Lance Himes issued a new director’s order enhancing face covering requirements for Ohio retailers, adding mandatory oversight obligations for employers, and providing greater enforcement power for local health departments and law enforcement.
Littler Attorneys in Four Countries Named to 2021 Best Lawyers™ List
Two global member firms earn “Law Firm of the Year” recognition
(November 20, 2020) – Littler, the world’s largest employment and labor law practice representing management, is pleased to announce that attorneys in four of its international offices have been recognized in the 2021 editions of Best Lawyers. Additionally,
CPRA Series: Impacts On Notice At Collection And Privacy Policy
Already at the cutting edge of U.S. privacy law, California jumped even further ahead of the pack with the recent approval by State voters of the California Privacy Rights Act (“CPRA”). The CPRA, which builds upon the already extensive framework of privacy rights and obligations established in the California
California Passes Emergency Workplace COVID-19 Regulation
On November 19, 2020, the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation governing employers and workplaces.