Employers in Ontario have been waiting for clarification on the interpretation of COVID-19 leave provisions throughout much of the pandemic. Employers had hoped that the Court of Appeal’s decision in Taylor v Hanley Hospitality Inc. would provide clarity on the implications of Employment Standards Act, 2000 infectious disease emergency leave (IDEL) on an employee’s employment status. Instead, the Ontario Court of Appeal declined to comment on the interpretation of the Employment Standards Act, 2000…
EEOC, DOJ Issue Guidance on AI in the Workplace. On May 12, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Justice (DOJ) each issued guidance documents addressing potential disability discrimination that might result from employers’ use of artificial intelligence (AI) tools or other computer software when making employment decisions. The EEOC’s guidance, titled, “The Americans with Disabilities Act and the Use of Software, Algorithms, and Artificial Intelligence to Assess…
Mexico’s federal government will soon cease updating its COVID-19 pandemic monitoring system on a biweekly basis, Dr. Hugo López-Gatell, Mexico’s undersecretary of prevention and health promotion, said in a recent press conference. The announcement comes on the heels of the four-tiered system showing all thirty-two states in green status—the only status without restrictions on business and social activities—for the second period in a row. An announcement by the General Health Council that the monitoring system…
On May 7, 2022, the day after the latest revision to the California Division of Occupational Safety and Health’s (Cal/OSHA) COVID-19 Prevention Emergency Temporary Standards (ETS) went into effect, Cal/OSHA issued updated answers to frequently asked questions (FAQs) and a fact sheet. The FAQs continue to evolve and change with each revision and readoption of the ETS. The FAQs now reflect the updated definitions, processes, and changes to the quarantine requirements for close contacts. Cal/OSHA…
On May 3, 2022, U.S. Citizenship and Immigration Services (USCIS) announced a temporary final rule (TFR) that increases the automatic extension period for expiring employment authorization documents (EAD) for renewal applicants in certain categories for up to 540 days. The TFR took immediate effect on May 4, 2022. The TFR specifically applies to those EAD categories currently eligible for automatic 180-day extensions of work authorization on the basis of timely filed renewals. Those categories include…
The last few years have provided numerous reasons for employers to reevaluate drug testing practices—from the rapid development of job protections for medical and recreational marijuana use, to the increase in drug testing-based litigation, to pandemic-related remote work, to staffing challenges. Ogletree Deakins’ April 2022 report, Strategies and Benchmarks for the Workplace: Ogletree’s Survey of Key Decision-Makers, provides a sense of how many employers are changing their drug testing practices and the kinds of…
As we previously reported, the California Occupational Safety and Health Standards Board recently voted to adopt the proposed revisions to California’s COVID-19 emergency temporary standards (ETS). Reports initially stated that the Office of Administrative Law would likely approve the language for implementation by May 5, 2022. This date has since changed to May 6, 2022. The main revisions to the ETS are outlined in our recent article, “Cal/OSHA Proposes Changes to Third COVID-19
On April 25, 2022, South Carolina Governor Henry McMaster signed into law House Bill 3126, which, among other things, bans state and local governments from imposing COVID-19 vaccine mandates as a condition of employment and provides certain protections for workers subject to private employers’ vaccination requirements. Below are some points relevant to private employers (broadly defined in the law as “all employers other than state and political subdivisions”). Unemployment Benefits If a private employer…
Despite a federal court ruling in April 2022 striking down federal mask mandates, major cities in the United States are keeping them in place amid a new wave of COVID-19 cases raising new considerations for private employers that have implemented workplace mask mandates. On April 18, 2022, U.S. District Judge Kathryn Kimball Mizelle in Florida struck down the U.S. Centers for Disease Control and Prevention’s (CDC) so-called mask mandate for public transportation and airplanes issued…
The California Division of Occupational Safety and Health (Cal/OSHA) recently approved the third readoption of the COVID-19 Emergency Temporary Standards (ETS) to take effect on May 7, 2022. This ETS will be in effect until December 31, 2022, as the final update to the ETS. The changes mark the continued evolution of the regulations, with modifications and adjustments to definitions, testing protocols, disinfection and sanitizing, close contact rules, return-to-work procedures, and outbreak policies. The updated…