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Showing 24 posts in COVID-19.

Florida Governor DeSantis Wants Florida Legislature to Pass Law Against Federal Vaccine Mandates

At a press conference on October 21, 2021, Florida Governor Ron DeSantis called on the Florida legislature to pass a law combating federal vaccine mandates. He also called on the legislature to hold a special legislative session to pass such a law, instead of waiting until the legislature resumes its normal session next year. Governor DeSantis believes legislation is necessary because an executive order against employer vaccine mandates may not be sufficient. More ›

Texas Governor Greg Abbott Issues Executive Order Prohibiting Mandatory Vaccination Policies

This week, Texas Governor Greg Abbott handed out the nation's most extensive ban against mandatory COVID-19 vaccination policies. Executive Order No. GA-40 prohibits any Texas employer from issuing COVID-19 mandates for employees or consumers. Specifically, the Order disallows any "entity" from compelling receipt of the COVID-19 vaccine for persons – employees or consumers – "who object to such vaccination for any reason of personal conscience, based on religious belief, or for medical reasons, including prior recovery from COVID-19." More ›

Reacting to COVID-19 Delta Variant Outbreaks, OSHA Issues Updated Guidance

The Occupational Safety Health Administration (OSHA) issued updated guidance on August 13, 2021, to assist employers in protecting workers who are unvaccinated or otherwise at risk of contracting the virus. The guidance consists primarily of recommendations and seeks to align its approach with guidance issued by the Centers for Disease Control (CDC). CDC and OSHA guidance interact, but Employers have a specific legal obligation under OSHA to provide a safe and healthy workplace free from recognized hazards that are likely to cause death or serious physical harm. More ›

Guidance on Intersection Between ADA Workplace Accommodation and COVID Long-Haulers

Employees and employers now find themselves well into year two of a global pandemic. Unfortunately, some people who contract COVID-19 do not fully recover. Known as "COVID long-haulers," these individuals suffer from a range of conditions that persist well beyond when they first contracted the virus. The impacts of "long-COVID" have left some individuals disabled, by definition, under the Americans with Disabilities Act (ADA) and similar state and local laws. However, not every condition will qualify. Below, we consider steps employers can take to ensure they're providing appropriate accommodations and mitigating potential litigation. More ›

Frequently Asked Questions About the Latest CDC COVID-19 Guidance

While helpful to individuals, the new guidance issued recently by the Center for Disease Control raises more unanswered questions for employers preparing or implementing return-to-work strategies. In an advisory published on Hinshaw's website, we review these questions, and provide analysis.

President Biden's American Rescue Plan Would Reinstate and Expand Federally Mandated Paid Sick and FMLA Leave

On January 20, 2021, President Biden announced the principal points of his American Rescue Plan (the Plan), a new COVID-19 relief package that would revive the federal mandate on employers to provide paid sick and paid FMLA leave for certain COVID-19-related absences. On February 1, 2021, Republican lawmakers responded with a competing relief package that does not include those paid leave mandates. As of now, neither side has released a draft of the actual proposed legislation. Much of what we know comes from the announcement released by the Biden administration and a chart from Republican Senators. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 12: COVID-19 Notification Requirements

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this twelfth day of the holidays, my labor and employment attorney gave to me: twelve drummers drumming and AB 685.

In a year marked by the pandemic, it seems rather appropriate that our 2020 series is bookended with COVID-19 laws. As the pandemic evolved, so did requirements for employers to comply with COVID-19 guidelines. Earlier this summer, Virginia became the first state to adopt emergency COVID-19 regulations. As was suspected, California followed suit and enacted its own legislation to help slow the spread of COVID-19 and also emphasize employee safety. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 10: COVID-19 Supplemental Paid Sick Leave Expanded to All Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this tenth day of the holidays, my labor and employment attorney gave to me: ten lords a-leaping and AB 1867.

AB 1867 fills a void that was left by the Families First Coronavirus Response Act (FFCRA) regarding paid sick leave. The FFCRA was enacted to provide federal paid sick leave and expanded family leave due to the pandemic, but it only applied to employers with less than 500 employees. In response, California enacted a supplemental COVID-19 paid sick leave law through AB 1867. Applicable to businesses with 500 or more employees nationally, AB 1867 in essence guarantees that any employee—regardless of the size of the employer—will receive paid sick leave if needed due to COVID-19. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 2: Longer Time to File With the DLSE Is Another Unwanted Gift for Employers

In the spirit of the season—and keeping some semblance of normal—we are using our annual "12 days of the holidays" blog series to address new California laws and their impact on California employers. On this second day of the holidays, my labor and employment attorney gave to me: two turtle doves and AB 1947.

This bill was likely created and signed in part due to COVID-19, as it extends some deadlines. With all the craziness 2020 has brought—including work from home, court closures, court delays, and the like—it comes as no a surprise to see deadlines being extended, too. More ›

Hinshaw's 12 Days of California Labor & Employment Series – Day 1: COVID-19 and the Rebuttable Workers' Compensation Presumption

Can you believe this year is nearly over? Before popping the champagne, it's time to reprise our annual review of key labor and employment law developments in California. While California employers are thrown curve balls every year, the events of 2020 are simply unrivaled in living memory. Employers have been in a constant state of change all year, as they have been operating at the mercy of COVID-19 case numbers, stay at home orders, capacity limitations, and so much more. In the spirit of the season—and some semblance of normal—here is the first of our annual "12 days of the holidays" blog series. On this first day of the holidays, my labor and employment attorney gave to me: a partridge in a pear tree and SB 1159. More ›