Latest News and Updates

California’s COVID-19 Exposure Notification Law May Spread to Other States

Since January 1, California businesses have been subject to ramped-up COVID-19 notification and reporting requirements under amendments to California’s Occupational Safety and Health Act, which are designed principally to combat the spread of COVID-19 at work and to reduce the overall rate of infection in the state, as well as to hold employers responsible for monitoring the health and safety of their employees. The new law is temporary and is set to expire in two years, on January 1, 2023. Although California is now the epicenter of new COVID-19 infections in the United States, numerous other states have experienced alarming

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Developing a COVID-19 Workplace Vaccination Campaign: Common Questions and Answers

To date, two COVID-19 vaccines have been authorized under an “emergency use authorization” issued by the U.S. Food and Drug Administration (FDA), and several other vaccine candidates are being evaluated. These advances are very important, positive steps forward in curbing the pandemic — and helping employees and employers get back to “business as usual” — COVID-style, of course. Though not yet widely available, federal authorities expect the COVID-19 vaccine to be accessible to all who wish to receive it by late spring to early summer 2021. In the meantime, federal agencies like the Centers for Disease Control and Prevention (CDC),

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Mandating COVID-19 Vaccines in the Workplace: EEOC Issues Updated Guidance

Perhaps the most-asked question by employers these days is: Can a COVID-19 vaccine be required of employees? The answer is generally yes, with some important qualifications. Following the approval of COVID-19 vaccines for emergency use and subsequent distribution to the states, the EEOC issued supplemental COVID-19 guidance on December 16 to address circumstances to consider when mandating COVID-19 vaccination, once the vaccine becomes widely available. The guidance addresses practical, compliance-related questions, including whether the administration of the COVID-19 vaccine constitutes a “medical examination” and whether asking medical screening questions prior to administering the vaccine, or requiring proof of vaccination, constitutes

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Gauging the Impact on Employers of the 2020 Presidential Election: Part Two

Since our September 30, 2020, webinar, “Gauging the Impact on Employers of the 2020 Presidential Election,” former Vice President Joe Biden has secured more than 270 electoral votes, and is on track to become the 46th president of the United States, with Senator Kamala Harris of California serving as the first Black and female vice president in American history. There were several “wild card” issues and potential roadblocks we predicted would or could await President Trump upon reelection or greet a President Biden upon assuming office. In addition to the ongoing impact of the COVID-19 pandemic, just a few weeks

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Follow Clear Process When Disciplining Students Who Violate COVID-19 Protocols

A New York state court recently invalidated a private university’s suspension of three students for violating COVID-19 protocols because the court decided that the university did not provide advance notice to the students that discipline might occur for violations of the protocols. The Off-Campus Gatherings and Disciplinary Sanctions Several members of NYU’s track and field team allegedly attended or hosted one or more “small” gatherings of less than 15 people at private, off-campus apartments during summer break. Three of the students were charged with violating university protocols because they had “attended a large gathering at an off-campus location without proper

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