The Labor & Employment Law Blog Focusing on legal trends in data security, cloud computing, data privacy, and anything E

Tag Archives: COVID-19 related illness

A Deeper Dive into the New Cal/OSHA Temporary Emergency Standards for COVID-19 Prevention

By Shauna N. Correia on Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

As we wrote on December 3, 2020, an emergency COVID-19 rule was adopted and approved by the California Occupational Safety and Health Standards Board. The regulation contains significant new requirements including a mandatory written “COVID-19 Prevention Program,” paid time off in certain circumstances when a “COVID-19 case” is excluded from the workplace, notice and training… Continue Reading

New (and Stricter) COVID-19 Rules Implemented By Cal/OSHA – Employers Should Act Now

By Meagan Bainbridge on Posted in Labor Law, New Legislation and Regulations

On November 30, 2020, the California Division of Occupational Safety and Health’s (“Cal/OSHA”) Emergency COVID-19 Prevention Regulation went into effect. The regulations apply to all employers, employees, and to all places of employment with three exceptions: (1) workplaces where there is only one employee who does not have contact with other people; (2) employees who… Continue Reading

San Francisco Issues Guidance on “Back to Work” Layoff and Reemployment Notices

By Labor & Employment on Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Reductions in Force

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) released its guidance on the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic Emergency Ordinance” (also known as the “Back to Work” Ordinance), which the Board of Supervisors passed on June 23, 2020.  Importantly, the… Continue Reading

The Continuing Spread of Employee Lawsuits Related to COVID-19

By Brendan J. Begley on Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

A blog we published here on May 28, 2020, warned that whistleblower, disability and leave claims against employers may reach a fever pitch as workplaces begin reopening from the COVID-19 shutdown.  A recent audit by the U.S. Department of Labor Office of Inspector General (“OIG”) confirms that some of those types of claims already are… Continue Reading

The CDC’s Updated Guidance Expedites the Time In-Home COVID-19 Patients Can Return to Work

By Ryan Abernethy on Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The CDC has issued new guidance for in-home patients diagnosed with COVID-19, including lowering the number of days the patient must remain isolated after being fever-free. The CDC previously recommended that “at least 72 hours” pass since the last fever without the use of fever-reducing medication before ending self-isolation. Noting “accumulating evidence” and ongoing research… Continue Reading

Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

By Brendan J. Begley on Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic.  It seems clear that workers-compensation preemption may immunize employers from most civil actions alleging that employees became infected with the virus on the job.  However, other types of employee lawsuits… Continue Reading

California Employers Likely Immune To Employee COVID-19 Lawsuits, But More Susceptible To COVID-19 Workers-Compensation Claims

By Brendan J. Begley on Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Recent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job.  While business owners in California may suffer headaches or congestion from other types of lawsuits related to COVID-19 in the… Continue Reading