In a recent Bloomberg Law article, we reported on legislative developments regulating the use of artificial intelligence (“AI”) in employment law decisions. On May 11, 2020, one of the pieces of proposed legislation we discussed, Maryland’s H.B. 1202, became law without Governor Larry Hogan’s signature. As we reported, H.B. 1202 prohibits employers from using facial recognition technology during pre-employment job interviews without the applicant’s consent. To use facial recognition services in interviewing employees, an employer…

Workforce Bulletin

New Jersey Governor Extends Public Health Emergency Until Early August 2020

By Jennifer Barna

July 8, 2020

On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public…

Workforce Bulletin

New Jersey: Rules for Re-Opening Indoor Retail, Recreational and Entertainment Businesses and Individual Instruction at Gyms

By Jennifer Barna

July 7, 2020

On June 26, 2020, New Governor Phil Murphy issued Executive Order 157 (“EO 157”), which details rules for the reopening of indoor retail, recreational and entertainment businesses (including casinos) and individual instruction at gyms. Initially, EO 157 also permitted indoor dining (with restrictions) to begin on July 2, 2020, but Gov. Murphy reversed that decision three days later via Executive Order 158 (“EO 158”) and has said that indoor dining in New Jersey will continue…

Workforce Bulletin

Connecticut’s Plan to Reopen Businesses – Rules for Phase 2 Businesses

By Peter M. Stein, Deborah Cannavino & Carol J. Faherty

July 7, 2020

On June 7, 2020, Governor Lamont issued Sector Rules that Connecticut businesses must follow in order to open during Phase 2 of the state’s reopening plan. Phase 2 (which began on June 17, 2020) includes the following sectors: Amusement parks Hotels/lodging Restaurants (indoor) Museums, zoos and aquariums Indoor recreation (e.g. bowling, movie theaters etc.) Libraries Outdoor events Personal services (e.g. nail salons, tattoo parlors, etc.) Sports and fitness facilities (e.g. gyms, fitness centers, pools, etc.)…

Workforce Bulletin

July 2020 Immigration Alert

By Jang Hyuk Im, Jungmin Choi & Arit Dilip Butani

July 7, 2020

Trump Administration Amends Presidential Proclamation That Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad On June 29, 2020, the Trump administration issued an amendment to Section 3(a)(ii) of Proclamation 10052 (“Proclamation”) to suspend and limit foreign nationals attempting to enter the United States in H-1B/H-2B/H-4, L-1/L-2, or J-1/J-2 employment-based nonimmigrant visa categories. The original language in the Proclamation read as follows: Sec. 3. Scope of Suspension and Limitation on Entry. (a) The…

Workforce Bulletin

Video: OSHA’s Three-Phase Plan, COVID-19 Workplace Training, Virginia’s Seismic Shift – Employment Law This Week

By Epstein Becker and Green P.C.

July 2, 2020

As featured on #WorkforceWednesday: This week, we finally have some guidance from the Occupational Safety and Health Administration (OSHA), and big employment law changes in Virginia go into effect. Video: YouTube, Vimeo, MP4, Instagram.…

Workforce Bulletin

Sweeping Changes for Virginia Employers Take Effect

By Nathaniel M. Glasser, Garen E. Dodge, Maxine Adams & Eric Emanuelson

July 1, 2020

July 1, 2020 represents a milestone for Virginia employers. As we previously reported, nearly two dozen new employment laws take effect, including the Virginia Values Act. In addition, all of Virginia enters Phase Three of Governor Ralph Northam’s Safer at Home plan to reopen the economy in light of the COVID-19 pandemic. Changes to Virginia Employment Law Employers with Virginia operations should take note of the following important changes: Sexual Orientation, Gender Identity,…

Workforce Bulletin

The Latest COVID-19 Reopening Guidance for Illinois and Chicago Employers

By Peter A. Steinmeyer & Kellie Y. Chen

June 30, 2020

Last week, Illinois moved in to “Phase 4” of the state’s five-stage Restore Illinois Plan (the “Plan”). As part of this transition, the Illinois Department of Commerce and Economic Opportunity issued updated, industry-specific Phase 4 Guidelines (the “Guidelines”). From an employer compliance standpoint, the transition from Phase 3 to 4 is not a radical change. Rather, the transition primarily involves loosened restrictions for already open businesses, and the reopening of additional industries (such as indoor…

Workforce Bulletin

NJ Governor Again Increases Permissible Size of Gatherings and Clarifies the Meaning of “Outdoor Area” for Purposes of Outdoor Dining

By Jennifer Barna

June 30, 2020

On June 22, 2020, New Jersey Governor Phil Murphy issued Executive Order 156 (“EO 156”), which, effective immediately, increases the permissible number of attendees at indoor and outdoor gatherings from the limits he established in Executive Order 152 (“EO 152”) (which we wrote about here). Specifically, pursuant to EO 156: For indoor gatherings, the number of individuals shall be limited to 25% of the capacity of the room in which it takes place, “but…

Workforce Bulletin

Texas Local Governments Impose New Face Covering and Health and Safety Plan Requirements Upon Employers, as COVID-19 Cases Surge

By Greta Ravitsky & Eric Emanuelson

June 25, 2020

For the last two weeks, Texas is continuing to break records for daily coronavirus cases and hospitalizations. According to the Texas Department of State Health Services, on June 23, 2020 Texas had the highest daily number of COVID-19 cases (5,489) since the pandemic began, and for twelve consecutive days had record-high hospitalizations. Also on Wednesday, June 23rd, Houston Mayor Sylvester Turner said 97% of the intensive care unit beds in Houston are filled. Governor Abbott…