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U.S. Department of Health and Human Services published guidance saying that long COVID is considered a disability under Titles II and III of the ADA “if it substantially limits one or more major life activities”. HHS.gov:Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557
On August 13, 2021, the Occupational Safety and Health Administration (OSHA) updated its COVID-19 guidance for non-healthcare employers. Jackson Lewis:OSHA Updates Non-Healthcare Employer Guidance on COVID-19 OSHA:Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace
Texas recently enacted the Pandemic Liability Protection Act (PLPA), which grants retroactive liability protections for both small and large businesses. Under the PLPA, businesses of all sizes are protected from nearly all claims of injury or death from exposure to a pandemic disease regardless of whether the person injured was an employee. Employment Law Watch:Texas […]
The California Supreme Court’s decision issued on July 15, 2021 clarifies that California employers must pay one-hour meal and rest period premiums to employees who report that they were not provided compliant meal or rest periods. The pay must be at the same FLSA “regular rate” that is used to calculate overtime premiums, not at […]
New York employers must now adopt the NYDOL’s Model Plan, or their own plan that at least meets the minimum standards set by the Model Plan’s requirements (“Alternate Plan”), by August 5, 2021, and post and distribute the plan to its employees within 30 days thereafter, or by September 4, 2021. Littler Insight:NY DOL Publishes […]
Oregon: On July 8, 2021, Oregon’s Occupational Safety and Health Administration (Oregon OSHA) adopted emergency Heat Illness Prevention rules to establish workplace heat safety requirements that apply when temperatures in a work area reach or exceed 80 degrees Fahrenheit. The rules are effective immediately. Littler Insight: Oregon OSHA Issues Temporary Heat Standard Washington: On July […]
The following posts cover the most current, generally-applicable statewide laws and orders for employers who are planning on reopening their workplaces after the COVID-19 closures. Littler Insight:Employee Temperature and Health Screenings – A List of Statewide Orders Littler Insight:Statewide Reopening and Mitigation Steps
On May 31, 2021, the Illinois Legislature recently passed a bipartisan bill that seeks to significantly amend the Illinois Freedom to Work Act and impose restrictions on the use of non-competition and non-solicitation restrictive covenants for Illinois employees. The bill is expected to be signed by Governor Pritzker, and would take effect on January 1, […]
Georgia Governor Brian Kemp issued an executive order to prohibit private employers that decide to implement a vaccine passport program from using data from the state’s immunization database. Jackson Lewis Publications:Georgia Prohibits COVID-19 ‘Vaccine Passports’ for Public Employers, Also Limiting Private Employers
