Latest from Ogletree Deakins Insights - Page 2

On April 30, 2021, the Biden administration issued a proclamation that implements restrictions for travelers from India, due to concerns regarding COVID-19. Pursuant to the proclamation, noncitizens who have been physically present in India within 14 days of travel to the United States will be barred entry, unless eligible for an exception. The restrictions are scheduled to take effect on May 4, 2021, at 12:01 am eastern daylight time. As rationale for this proclamation, the…
As Judge Richard A. Licht (quoting a slightly more famous source) said in a 2017 court opinion: “I get high with a little help from my friends.” Four years later, employers may be asking themselves which of their employees are getting high and what can they do about it. States have been busy when it comes to marijuana laws. Before the mid-2010s, employers tended not to worry about state marijuana laws because of marijuana’s illegal…
Biden Releases American Families Plan. This week, the White House released an outline of its American Families Plan, which is being touted as the second phase of the administration’s infrastructure proposal (dubbed the “American Jobs Plan”). The American Families Plan would invest $1.8 trillion in education (including training for teachers), federal nutrition programs, childcare, and extending tax credits. Like the infrastructure proposal, the American Families Plan is not a bill (yet), but will rather…
On April 21, 2021, in a further push to encourage COVID-19 vaccinations for those individuals who have been hesitant, the White House issued a fact sheet titled, “President Biden to Call on All Employers to Provide Paid Time Off for Employees to Get Vaccinated After Meeting Goal of 200 Million Shots in the First 100 Days.” This announcement further signals the administration’s dedication to vaccinating the U.S. population and its willingness to offer incentives to…
After weeks of improving pandemic conditions in Mexico—since March 2021, none of Mexico’s 32 states has been classified in red status, the strictest tier of the federal government’s four-tiered COVID-19 traffic light monitoring system—there has been a slight regression in the epidemiological trend. In this report, the traffic light system reveals a tightening of restrictions in response to a recent uptick in COVID-19 cases: 6 states are now in green status (compared to…
On April 29, 2021, the Government of Ontario stated that it plans to introduce the COVID-19 Putting Workers First Act. When passed, this legislation “would require employers to provide employees with up to three days of paid leave because of certain reasons related to COVID-19.” According to a government press release, the act would apply retroactively to April 19, 2021, and would expire on September 25, 2021. To qualify for this new temporary leave,…
On April 19, 2021, Connecticut Governor Ned Lamont announced plans to roll back COVID-19-related restrictions on businesses—although certain mask requirements may remain in effect. The governor intends to lift the restrictions in stages commencing May 1, 2021, through May 19, 2021. Restrictions Prior to May 1, 2021 All current sector rules and restrictions remain in effect. This includes social distancing requirements… Modified Restrictions Effective May 1, 2021 Restrictions on certain business will begin to…
As more Canadians become eligible for COVID-19 vaccines, provinces across Canada are implementing paid COVID-19 vaccination leave policies to incentivize workers to become vaccinated as soon as possible. These leave policies are being put into place as COVID-19 cases across Canada soar and the country races to vaccinate faster than infections can spread. Paid Vaccination Leave The provinces of British Columbia, Alberta and Saskatchewan currently have paid COVID-19 vaccination leave. Below is an overview of…
The U.S. Centers for Disease Control and Prevention (CDC) has updated the activities in which a “fully vaccinated” individual can engage. These new guidelines apply in non-healthcare settings. To qualify as “fully vaccinated,” at least two weeks must have passed since an individual completed either (a) both doses of either the Pfizer-BioNTech or Moderna vaccines or (b) a single dose of the Johnson & Johnson vaccine. The CDC warns, however, that individuals who have a…
In Sargent v. Board of Trustees of the California State University, the California Court of Appeal highlighted an important distinction between Private Attorneys General Act (PAGA) claims asserted against a public entity employer based on statutes that themselves provide for civil penalties and PAGA claims that are based on PAGA’s default civil penalties provisions under California Labor Code § 2699(f). Section 2699(f) provides for penalties of $100 “for each aggrieved employee per pay period…