Latest from Ogletree Deakins Insights - Page 2

On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up guidance states that active students in F-1 and M-1 status, as well as schools certified by SEVP, should abide by SEVP guidance originally issued in March 2020, enabling schools and students to engage in distance learning in excess of regulatory limits during the…
Louisiana Governor John Bel Edwards recently signed into law Act 336 of the 2020 Regular Session, which was filed in the Louisiana State Legislature as House Bill 826. The new act limits the liability to which Louisiana businesses and employers could be exposed due to the ongoing COVID-19 public health emergency. Specifically, the law creates two statutes—La. Rev. Stat. § 9:2800.25 and La. Rev. Stat. § 29:773—that limit the potential liability of businesses and…
The labor and employment law revolution in the Commonwealth of Virginia has provided robust protection against unlawful discrimination as well as a comprehensive enforcement scheme. As part of that revolution, the state enacted Senate Bill 712, which amended the Virginia Human Rights Act (VHRA) to require a covered employer to provide reasonable accommodation for the known limitations of an employee related to pregnancy, childbirth, or related medical conditions, unless such an accommodation would impose…
The U.S. Occupational Safety and Health Administration (OSHA) has withdrawn from its website—without public explanation—a controversial interpretation of its requirement to report in-patient hospitalizations of employees who contracted work-related cases of COVID-19. Last week, OSHA published a new series of answers to its COVID-19 Frequently Asked Questions (FAQs) relating to an employer’s obligation to report work-related cases of COVID-19 that lead to employee fatalities or in-patient hospitalizations. On Thursday, July 23, 2020, we published an…
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part eight of this series addresses COVID-19 concerns that may arise when employees return to work from vacation. Tip 8: Develop Guidance for All Employees Before Vacations Begin Although the U.S. Virgin Islands and…
As part of Mexico’s national response to the COVID-19 pandemic, the federal government of Mexico has instituted a weekly traffic-light monitoring system with four criteria that each state must meet before proceeding to the next phase of the country’s reopening plan. Below is a map for the week of July 20, 2020, indicating the COVID-19 risk level in Mexico’s 32 states. Pietro Straulino-Rodriguez is managing partner of the Mexico City office of Ogletree Deakins.…
On July 1, 2020, Pennsylvania Secretary of Health Dr. Rachel Levine signed an order expanding face covering–wearing requirements in Pennsylvania. Under the order, face coverings must now be worn almost any time an individual leaves home, including in most outdoor settings. Effective July 1, 2020, people in Pennsylvania must wear face coverings when “outdoors and unable to consistently maintain a distance of six feet from [non-household members]”; when “in any indoor location where members of…
The State of California and many California counties mandate the use of face coverings in the workplace and elsewhere. California considers the issue important enough to include a section entitled “Guidance for Employers and Workers in Enforcing Mask Requirements” in its “COVID-19 Employer Playbook for a Safe Reopening,” newly released on July 24, 2020. In the guidance, California emphasizes deescalating the situation when workers encounter coworkers or members of the public who are…
On July 24, 2020, the State of California released its “COVID-19 Employer Playbook for a Safe Reopening.” According to the playbook, its purpose is to help employers “plan and prepare for reopening their business[es] and to support a safe, clean environment for workers and customers.” The Employer Playbook’s table of contents lists four major areas that the playbook addresses: (1) steps employers can take to open safely; (2) what to do if a…
On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board approved an Emergency Temporary Standard for COVID-19 to be enforced by the Virginia Occupational Safety and Health program (VOSH). Virginia is the first state to adopt a specific standard intended to protect workers and “to control, prevent, and mitigate the spread of [COVID-19]” in the workplace. The emergency standard includes an extensive list of requirements that all employers within…