Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

Written by Jeremy Mittman & Thea Rogers Last Friday, June 17, Governor Newsom signed the Cal-OSHA Safety and Health Standards Board’s revisions to its Emergency Temporary Standards (“ETS”) into immediate effect (Executive Order linked here), thereby more closely aligning Cal-OSHA COVID-19 face covering and physical distancing standards with the California Department of Public Health (“CDPH”) and Centers for Disease Control (“CDC”) recommendations.  Although Governor Newsom … Continue reading Cal-OSHA Standards Board Adopts Emergency Temporary Standards (ETS) Revisions, Governor Newsom Issues Immediately Effective Executive Order

California Mask Requirement for Workplaces To Continue Through Summer (And More!), CAL-OSHA Says

Written by Jeremy Mittman and Thea Rogers [UPDATE]:  As we reported below, Cal-OSHA’s Standards Board recently proposed a series of controversial amendments to CAL-OSHA’s COVID-19 Emergency Temporary Standards, which included face covering and social distancing requirements that many critics considered unnecessarily onerous in light of recent California Department of Public Health and CDC guidance.  Yesterday, the Board withdrew these proposed amendments.  While it is unconfirmed … Continue reading California Mask Requirement for Workplaces To Continue Through Summer (And More!), CAL-OSHA Says

MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

As kids begin returning to school in person, virtually or on a hybrid schedule, new questions regarding an employee’s eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are emerging. In this video, MSK attorney Stephen Franz addresses these questions and more. Continue reading MSK Minute: Stephen Franz Discusses Back-to-School Questions Related to the FFCRA

MSK Minute: Hilary Feybush Discusses New EEOC Return to Workplace Guidance

In this video, MSK attorney Hilary Feybush discusses the most recent update to return to workplace guidance issued by the EEOC, which covers questions relating to an employer’s obligation to provide accommodations to “high risk” employees and other considerations for a safe return to the office. Continue reading MSK Minute: Hilary Feybush Discusses New EEOC Return to Workplace Guidance

MSK Minute: Carly Epstein Discusses Protecting “High-Risk” Employees When Returning to Work

In this video, MSK associate Carly Epstein discusses EEOC guidance regarding treatment of employees who the CDC categorizes as at a “higher risk for severe illness” if they get COVID-19, an employer’s obligations to accommodate these “high risk” employees, and workplace accommodations an employer can implement to eliminate or reduce the threat to an at-risk employee returning to the workplace. Continue reading MSK Minute: Carly Epstein Discusses Protecting “High-Risk” Employees When Returning to Work

Protecting At-Risk Employees

Employers Cannot Exclude At-Risk Employees, Says EEOC in New Return-to-Work Guidance 

Written by Jeremy Mittman and Carly Epstein

The EEOC recently answered the question whether employers can bar from the workplace employees who, according to the CDC, are at a “higher risk for severe illness” if they get COVID-19.

In the words of the EEOC in its press release: “It is important that employers understand that the ADA does not allow them to act against employees solely because the employee has a CDC-listed underlying medical condition.”

An employer cannot exclude — or take any other adverse action against — an employee solely because he/she falls within the CDC identified high risk category.  Instead, the employer must determine whether the “employee’s disability poses a ‘direct threat’ to his health that cannot be eliminated or reduced by reasonable accommodation.” Continue reading “Protecting At-Risk Employees”