So long as COVID-19 remains a pandemic, every employer must face the new reality that there is a good chance an employee will test positive for COVID-19. Employers should consider the following checklist when handling an employee testing positive for COVID-19: Treat positive test results and “suspected but unconfirmed” cases of COVID-19 the same. If the source of infection is known, identify if it was at the workplace or outside ...
As employers weigh their measure of response to COVID-19, the employers must recognize that The General Duty Clause of the Occupational Safety and Health Act (OSHA), 29 U.S.C. § 654(a)(1), requires employers to furnish each worker with “employment and a place of employment, which are free from recognized hazards that are causing or are likely to cause death or serious physical harm ...
As employers react to the spread of coronavirus (COVID-19), they must be aware of the potential for unlawful discrimination based on an employee’s race or national origin. The CDC has issued this guidanceto employers regarding COVID-19: “To prevent stigma and discrimination in the workplace, use only the guidance described below to determine risk of COVID-19 ...
On March 5, 2020, the Karnataka Labour Department issued a circular (“Circular”) requiring all establishments in the State to grant 28 days of paid sick leave to any employee who has been infected by the COVID-19 virus (“Coronavirus”). These precautionary measures laid out by the Government aim to prevent the spread of Coronavirus ...
As a precautionary measure to prevent the spread of COVID-19, the Government of Karnataka through Department of Factories, Boilers, Industrial Safety & Health has issued a circular dated March 14, 2020 (“Circular”) providing certain guidelines for factories / manufacturing entities situated within the State ...
In order to limit the spread of COVID-19 and mitigate its effects, on 12 March 2020, the Government of the Republic of Estonia declared an emergency situation until 1 May 2020 and the Health Board recommends avoiding human contact. In this situation, implementing effective safety measures at the workplace often requires asking additional personal data, including health data from the employees ...
Congress appears to have reached an agreement on legislation to provide paid family and medical leave in connection with the COVID-19 pandemic. However, the bill still must be signed into law by the President. In the interim, Pittsburgh employers should take note that the City of Pittsburgh has passed legislation that already requires most employers operating in the City to provide for the accrual of minimum amounts of sick leave effective March 15, 2020 ...
Following the measures announced by the Federal Government on 12 March 2020, more and more employers are considering implementing a temporary telework regime, in which employees are required to work from home. Can an employer impose such a measure and what are the implications? An employer cannot unilaterally oblige an employee to work from home, except if employees are exposed to specific health and safety related risks at work ...
With the Corona crisis, countries such as Germany, France and the Czech Republic have already announced bans on exports of protective gear to avoid shortages at their countries. But is this in conformity with the principle of free movement of goods as provided for in articles 34-36 TFEU? This principle is one of the cornerstones of the European Union's internal market which implies that national barriers to the free movement of goods within the EU need to be removed ...
In this challenging period of the Coronavirus outbreak, your organisation might currently be taking strong internal measures to protect its employees while ensuring work continuity. Such measures could have data protection implications and therefore you might be wondering how to take them in accordance with the GDPR. We have answered the most important GDPR questions below ...
EUIPO On 16 March 2020, the Executive Director of the European Union Intellectual Property Office (EUIPO) has issued Decision No EX-20-3 extending all time limits expiring between 9 March 2020 and 30 April 2020, that affect all parties before the Office, to 1 May 2020. In principle, the new deadlines will not be communicated to the parties on a case-by-case basis ...
On March 18, 2020, Congress passed H.R. 6201, the Families First Coronavirus Response Act. The Act, which is on its way to the President’s desk for immediate signature, includes many emergency measures to address COVID-19. The provisions with the greatest potential to impact employers and employees nation-wide are the Emergency Family and Medical Leave Expansion Act of 2020 and the Emergency Paid Sick Leave Act ...
The new virus COVID-19, also known as coronavirus, is spreading exponentially all over the world, also in Brazil. The outbreak is affecting the way in which our clients and their clients conduct their businesses, and the behavior of each and every one of us drastically. The virus is not only tragic for those, whose health is being affected, but also for large parts of the economy, such as the tourism industry, airlines and general retail (other than nutrition-related) ...
In the early hours of Saturday, March 14, 2020, the United States House of Representatives passed the Families First Coronavirus Response Act (FFCRA), which is designed to expand relief in response to the COVID-19 outbreak, through access to free testing, enhancing food assistance, increasing Medicaid funding, and providing paid sick leave and unemployment benefits to workers ...
Ohio continues to be a leader in proactive restrictions to stop the spread of COVID-19 and securing the resources necessary to do so. On March 17, 2020, Ohio Governor Mike DeWine and Ohio Department of Health (ODH) Director Amy Acton, MD, MPH announced an ODH Order requiring the cancellation of all non-essential or elective surgeries or procedures that use personal protective equipment (PPE). This Order is effective at 5:00 p.m., Wednesday, March 18, 2020 ...
The Equal Employment Opportunity Commission (EEOC) issued a public statement on its website on Wednesday, March 18, 2020, providing updated guidance on acceptable employment practices in light of the ongoing COVID-19 pandemic. The statement highlights common questions employers may have regarding how to manage employee issues related to COVID-19 and provides guidance ...
In the current situation, employees who come into contact with other employees may be diagnosed with COVID-19. What is an employer’s obligation to notify other potentially exposed employees? Employers have a general duty to provide a safe workplace under Cal/OSHA and federal OSHA ...
On March 16, seven Bay Area counties issued "shelter-in-place" restrictions, which create compliance issues for cannabis operations licensed as dispensaries or as delivery services ...
At Patterson Belknap we continue to diligently monitor the outbreak of the COVID-19 coronavirus and assess the potential legal and business issues that may arise relating to the virus. The situation is fluid, and best practices and guidelines are evolving in real time. We are closely monitoring the situation as it unfolds, and share our latest perspectives on the legal issues relating to COVID-19 below ...
The recent outbreak of 2019-nCOV, a flu-like respiratory illness better known as the Coronavirus, is causing employers to ready themselves for a variety of responses to the spread of the virus. Human Resources professionals are seeking guidance on how to promote a safe and healthy working environment without violating the rights of ill or potentially ill employees. We have some tips to help strike the right balance ...
As the United States and countries all over the world continue to grapple with the Covid-19 pandemic, the race is on for Covid-19 treatments and vaccines. There is currently no FDA-approved therapy or vaccine for Covid-19. Given the profound urgency, life sciences companies and other researchers are prioritizing research and development of potential therapies and vaccines ...
A panel of Bradley labor and employment and cybersecurity attorneys discuss coronavirus-related issues facing employers, including: How should you talk with your employees about the rapidly changing situation with the coronavirus and what it means for them as employees? What are the wage and hour, benefits and data security issues implicated by employees working remotely? What are the options for maintaining or reducing your workforce when the coronavirus results in supply chain int
At their core, the Regulations in terms of the Disaster Management Act, 2002 issued and brought into operation yesterday, 18 March 2020, outline the responsibilities of all government departments, the release and allocation of resources, and the conditions under which liquor industry may function. In the wake of the coronavirus (COVID-19) epidemic being declared a national state of disaster, the Regulations are intended to contain the spread of the virus ...
President Cyril Ramaphosa, in his address to the nation on Sunday, 15 March 2020, declared a national state of disaster and introduced a numberof measures to curb the spread of the new Coronavirus (COVID-19). As of 19 March 2020, South Africa has recorded 150 confirmed cases of COVID-19 ...
With the outbreak of the coronavirus (COVID-19), many businesses have taken the decision to request that employees work from home. To work from home, employees will either be using their own personal devices or company-issued equipment to either access the company network remotely or to transmit data and information through their own personal network. There are a few inherent information security risks that are posed by these arrangements ...
