The Weekly Guide to Employment Law Developments

The Rocky Mountain Employer

Labor & Employment Law Updates

Posts tagged COVID-19
Modification of Face Coverings for Employees as States Continue to Adjust COVID-19 Guidance

As the federal government’s COVID-19 guidance continues to change so do the public health orders issued by state governments. As COVID-19 numbers trend downward in many states, restrictions are being lifted throughout the nation by those states’ Public Health Departments.

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Federal Judge Voids Mask Mandate for Airplanes and Public Transit

On Monday, April 18, 2022, a federal judge from the U.S. District Court for the Middle District of Florida struck down the Centers for Disease Control’s (“CDC”) national mask mandate on airplanes and public transit.[1] The judge’s ruling freed airlines, airports, and mass transit systems to make their own decisions about mask requirements, resulting in a mix of responses. The filing came days after airline CEOs called on President Biden to drop the mandate.[2]

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ICE Extends Form I-9 Compliance Requirements Due to COVID-19

The Department of Homeland Security (DHS) and U.S. immigration and Customs Enforcement (ICE) have extended flexibility in complying with the Employment Eligibility Verification (Form I-9) requirements until April 30, 2022 due to the ongoing COVID-19 pandemic.

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EEOC: Workers with Disabilities Stemming from COVID-19 May be Protected from Employment Discrimination

A COVID-19 diagnosis alone, however, is not enough.

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Mandatory Vaccinations – A Management Right or a Union Negotiation

Given President Biden’s executive order requiring companies with 100 or more employees to mandate the COVID-19 vaccination, unionized companies must consider whether the vaccine mandate is a mandatory subject of bargaining with its labor union or a management right to implement the rule.

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The Challenging Landscape of the Employment Relationship – Is your Company Ready for the Adjustments?

Keeping abreast of ever-changing employment laws, both on the federal and state level, can be difficult for companies, especially those with employees in multiple states.

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COVID-19 Vaccination Now Mandatory for Many Colorado Health Care Workers

The Colorado State Board of Health (CSBH) adopted an emergency rule mandating that all licensed healthcare facilities ensure their eligible employees, direct contractors, and support staff are fully vaccinated against COVID-19.

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COVID-19 IMPACT – Working Two Remote Jobs From Home

When most companies sent office-based employees home to work remotely during the COVID pandemic, some enterprising employees got a second remote job without the knowledge of either employer.

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New OSHA Guidance – All Indoor Workers Wear Masks in “High” or “Substantial” Transmission Areas

As of August 13, 2021, OSHA recommends all workers--even those fully vaccinated--should wear masks indoors in areas of "high" or "substantial" community transmission rates.

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Long-Haul COVID-19 Can Be An ADA-Covered Disability

The U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that long-haul COVID-19 can be considered a disability and qualify for protections from discrimination under the Americans with Disability Act (ADA).

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CDC Recommends Wearing Masks Indoors in Certain Areas, Even if Fully Vaccinated

The Centers for Disease Control (CDC) released new guidance on July 27, 2021 recommending that in certain geographical areas all individuals—even those who have been vaccinated against COVID-19—should resume wearing masks indoors.

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Survey Finds That The COVID-19 Pandemic Led to a Rise in Employment Class Action Lawsuits in 2020

A recent class action survey by Carlton Field determined that the COVID-19 pandemic served as a major driving force behind class action lawsuits in the year 2020.

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EEOC Releases Guidance to Employers Regarding the COVID-19 Vaccine

On May 28, 2021, the Equal Employment Opportunity Commission released updated its COVID-19 Technical Assistance guidance, addressing many frequently asked questions from employers relating to the COVID-19 vaccine in the workplace and implications under federal employment nondiscrimination laws, including the Americans with Disabilities Act, Title VII of the Civil Rights Act of 1964, and the Genetic Information Nondiscrimination Act.

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First Mandatory Vaccination Lawsuits Filed Against Employers

Employees in New Mexico and California have sued their employers seeking injunctive relief and potential damages due to vaccine mandates instituted in the workplaces.

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California Federal Court: Wife Cannot Hold Husband’s Employer Responsible for Her COVID-19 Infection

A judge in the Northern District of California dismissed a lawsuit brought by a wife against her husband’s employer after she alleged her husband transmitted COVID-19 to her.

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California Enacts COVID-19 Supplemental Paid Sick Leave Law

On March 19, 2021, California Governor Gavin Newsom signed SB 95 into law, which provides for up to 80 hours of supplemental paid sick leave for reasons related to COVID-19.

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CDC Relaxes Quarantine Requirements for Fully Vaccinated People

Last week, the Centers for Disease Control and Prevention (CDC) substantially relaxed its previously recommended quarantine requirements for anyone who has received full vaccination.

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NLRB Rules that Mail-In Election is Appropriate Because of Local COVID-19 Positivity Rate

On February 5, 2021, the National Labor Relations Board (“NLRB”) ruled that the representation election for the proposed bargaining unit employees of Detrex Corporation (the “Employer”) would be conducted via mail-in vote.FN1 The decision was made over the objection of the Employer, who demanded a manual election

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Occupational Safety and Health Administration Issues Revised Covid-19 Guidance

On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) published updated guidance titled “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”

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EEOC’s Updated COVID-19 Guidance on Testing and Privacy Issues

On September 8, 2020, the U.S. Equal Employment Opportunity Commission (“EEOC”) issued new guidance regarding COVID-19 and how it interacts with the Americans with Disability Act (“ADA”) and related EEO laws. The EEOC’s guidance focused on three major categories:

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