Tag: COVID-19

COVID-19, Labor & Employment

Keeping Food Sector Workers Posted

California Issues Model Notice of Food Sector Worker Paid Sick Leave That Eligible Employers Must Post

Written by Jeremy Mittman and Stephen Franz

On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20 (the ”Order”), which requires “hiring entities” with at least 500 employees in the United States to provide “food sector workers” who are unable to work for COVID-19-related reasons with up to 80 hours of supplemental paid sick leave.  We previously reported on the Order, which is one of several recent California laws providing paid sick leave to workers who are not covered by the federal Families First Coronavirus Response Act (“FFCRA”). Continue reading “Keeping Food Sector Workers Posted”

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COVID-19

CDC Updates List of COVID-19 Symptoms

Written by Susan Kohn Ross

The CDC has expanded the list of symptoms which may appear 2-14 days after exposure to the COVID-19 virus and may cause mild symptoms to severe illness. As companies plan their eventual return to work, or plan to terminate or decrease telecommuting (pending when their local jurisdictions’ shelter-in-place orders change or cease), they will want to consider this most recent information from the CDC to determine and account for the safety and well-being of their employees. The original and newly added symptoms are listed below. Continue reading “CDC Updates List of COVID-19 Symptoms”

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International Trade, Regulatory

PPE Exports: Ready to Go?

Written by Susan Kohn Ross

In CSMS 42506108 issued on April 27, 2020, CBP updated its Frequently Asked Questions about Personal Protective Equipment exports. In it, CBP makes clear the Document Imaging System (DIS) sends a confirmation of receipt, as does AES. If the shipment is held for any reason and/or further action is needed, notice of that is most likely going to come through the carrier. In short, absent negative information, the export is ready to go.

When it comes to any Letter of Attestation (“Letter”), CBP has made clear these should be submitted through the DIS. The size limit for CBP is up to 10 MB. The email address is docs@cbp.dhs.gov. There are additional criteria to consider: Continue reading “PPE Exports: Ready to Go?”

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COVID-19, Labor & Employment

Employees Put to the Test

Employers May Test Employees for COVID-19 Before Allowing Their Return to Workplace, EEOC Says Written by Jeremy Mittman and Thea Rogers The U.S. Equal Employment Opportunity Commission (“EEOC”) said in guidance released Thursday that employers may administer COVID-19 testing to employees in order to determine if they have the virus, prior to permitting them to return to the workplace.  The agency stated that this latest … Continue reading Employees Put to the Test

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COVID-19, Immigration

Immigration Proclamation Sets Limited Curbs

President Suspends Temporary Entry of Certain Immigrants Due to COVID-19 Economic Fallout

Written by David S. Rugendorf

On Wednesday evening, April 22, 2020, President Trump issued his highly anticipated immigration proclamation, temporarily suspending some types of immigration to the United States due to COVID-19 and its resultant damage to the domestic labor market. While the language of the order suggested that future actions may be necessary, the current order is very limited in its scope and application. Very few individuals are now prevented from entering the United States who had not previously been barred from entry. A summary of the order is as follows: Continue reading “Immigration Proclamation Sets Limited Curbs”

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COVID-19, Labor & Employment

Accommodation Landmines Await

EEOC Issues New Guidance on COVID-19 Reasonable Accommodation and Return-to-Work Issues

Written by Jeremy Mittman and Corey Singer 

On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance for employers, providing further technical assistance about complying with workplace issues during and after the COVID-19 pandemic.

Many of the EEOC’s new Q&As for employers concern how to handle employees’ accommodation requests in light of the COVID-19 pandemic.  For instance, the agency advised that employers may ask questions or request medical documentation to determine if the employee has a “disability” under the Americans with Disability Act (“ADA”).  Employers also may forgo or shorten the “interactive process” and grant the accommodation requests, if necessary. Continue reading “Accommodation Landmines Await”

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COVID-19, Labor & Employment

Order Up!

California Provides Supplemental Paid Sick Leave For Food Sector Workers

Written by Jeremy Mittman and Stephen Franz

On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20 (the ”Order”), which requires “hiring entities” with at least 500 employees in the United States to provide “food sector workers” with up to 80 hours of supplemental paid sick leave related to COVID-19.  The Order, effective April 16, 2020, is the second recent law in California providing paid sick leave to workers not covered by the federal Families First Coronavirus Response Act (“FFCRA”)(which requires employers with  fewer than  500 employees provide paid sick leave).  We previously reported on the Los Angeles emergency ordinance providing similar paid sick leave provisions for employees of larger employers not covered by the FFCRA.

Although the Order explicitly addresses “food sector workers”,  it is not necessarily limited to workers in the food industry.  The Order may apply to employers across all industries, if those employers have workers engaged in food services.  Consequently, all employers should carefully scrutinize the provisions of the Order to determine if they apply.  Here is what employers need to know about the Order: Continue reading “Order Up!”

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COVID-19, Cybersecurity, Regulatory

Contact Tracing: COVID-19

Written by Susan Kohn Ross and Timothy Carter

As the individual states struggle to define how best to reopen in a manner that minimizes the renewed spread of the novel coronavirus/COVID-19, the subject of contact tracing has become a major focus. To aid in this effort, Apple and Google announced late last week a joint contact tracing project that would leverage Bluetooth technology to identify and selectively alert individuals who have been in close proximity to someone who tested positive for COVID-19. Once alerted, that user could self-isolate or seek testing. Individuals who are diagnosed with COVID-19 can self-report their diagnosis, and any users who have been in recent contact with that individual will receive a notification. Public health agencies would be responsible for checking and verifying test results provided by users in order to prevent spoofing or fabrication. Continue reading “Contact Tracing: COVID-19”

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COVID-19, Immigration

Employer Expectations in COVID Conditions

Written by Frida P. Glucoft

Employers should beware: even during the COVID-19 pandemic, certain employer compliance and obligations continue and others are created.

NOTICE: if your work force is working from home and you have any individuals in H1B or E3 status, there are postings and notice requirements. There are technical rules which must be followed and documents to retain for the future when we return to the worksite.

TRAVEL BAN: the travel ban for entry to the USA from abroad remains in effect. The exception is for US citizens and lawful permanent residents and their families. In addition, many countries around the globe do not permit anyone but nationals of their own countries to enter.

Be sure your employees do not make travel arrangements without advising you well in advance. Continue reading “Employer Expectations in COVID Conditions”

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COVID-19, Labor & Employment

LA Takeaways

Los Angeles Provides Guidance on Emergency Paid Sick Leave Ordinance

Written by Jeremy Mittman and Stephen Franz

On April 11, 2020, the City of Los Angeles published Rules and Regulations interpreting the City’s Emergency Ordinance (“the Ordinance”), which mandates employers of either (a) 500 or more employees within the City of Los Angeles; or (b) 2,000 or more employees within the United States, to offer supplemental paid sick leave for COVID-19 related reasons.

Here are the top 5 new takeaways for employers interpreting the Ordinance from the Rules and Regulations:

Continue reading “LA Takeaways”

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