Now that the height of the COVID-19 pandemic and associated government quarantines are hopefully in the rearview mirror, employers are faced with a whole new set of questions as they transition a remote workforce back to the office, including whether (and how) employers need to reimburse workers for mileage, or pay for commute time for non-exempt employees who have been working from home but are now returning to the office on a part-time or full-time basis.
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Returning Employees to the Office Post-Quarantine: Mileage & Commute Reimbursement Posted on: July 22, 2021 In: COVID-19 Response, Labor & Employment
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2021 California Labor & Employment Law Update / 캘리포니아 노동법 2021년 업데이트 Posted on: June 29, 2021 In: COVID-19 Response, Labor & Employment
2021 has been busy so far with the enactment of many labor laws and regulations. This post, available in both English and Korean, discusses California's new labor and employment laws as well as California's COVID-19 supplemental paid sick leave.
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Federal OSHA Issues Emergency Temporary Standards for Healthcare Industry Posted on: June 24, 2021 In: COVID-19 Response, Labor & Employment
On January 21, 2021, President Biden issued an Executive Order, which declared that ensuring the health and safety of workers is a national priority and a moral imperative. The order directed the Occupational Safety and Health Administration (OSHA) to take action to reduce the risk that workers may contract COVID-19 in the workplace. On June 10, 2021, finding existing regulations inadequate, OSHA issued an emergency temporary standard (ETS) to address specifically workers in the healthcare industry.
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You’ve Been WARNed! Amendments to the New Jersey WARN Act May Soon Go Into Effect Posted on: June 07, 2021 In: COVID-19 Response, Labor & Employment
On January 21, 2021, New Jersey Governor Philip Murphy signed into law sweeping amendments to the New Jersey WARN Act, which could soon become the most expansive business closing/mass-layoff notification law in the nation. These amendments were delayed due to the COVID-19 pandemic, but could go into effect as early as September 11, 2021, so employers are encouraged to become familiar with the new requirements, outlined in this post.
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Florida Governor Signs COVID-19 Liability Shield Posted on: April 20, 2021 In: COVID-19 Response, Labor & Employment
On March 29, 2021, Florida Governor Ron DeSantis signed into law Florida Statute 768.38, granting significant protections to business entities, educational institutions, governmental entities, and religious institutions from claims related to COVID-19 if they made a good faith effort to follow guidelines to prevent the spread of the coronavirus. The new law aims to dissuade the filing of meritless claims for damages allegedly due to COVID-19 exposure in a few key ways.
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Colorado’s Healthy Families and Workplaces Act: What Employers Need to Know Posted on: March 17, 2021 In: COVID-19 Response, Labor & Employment
Though the COVID-19 vaccine lurks on the horizon for the general public, the pandemic slogs on for most of the general population. As of January 1, 2021, the second of three phases of Colorado’s Healthy Families and Workplaces Act is underway, which requires employers with 16+ employees to provide paid sick leave based on hours worked. Exempt employees also receive paid sick leave depending on normal work week hours. Phase three, beginning January 1, 2022, will expand coverage to employers of any size.
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The Second Wave is Here – N.J. Executive Order 192 Imposes New Pandemic-Related Requirements for Employers Posted on: December 03, 2020 In: COVID-19 Response, Labor & Employment
We had all heard it was coming, and now it looks like it’s here and going to stay awhile. Businesses have been given curfews, indoor dining is curtailed again, and schools are going all virtual. We are back, but what is different this time is many people are suffering from “quarantine fatigue.” That being the case, employers must not treat this wave differently than they did the last time. New Jersey has recently set forth requirements that employers must follow for those employees in the office.
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FBI Healthcare Alert - Imminent Threat Of Widespread Ryuk Attack Posted on: October 29, 2020 In: COVID-19 Response, Data Privacy & Cybersecurity
The FBI and DHS-CISA issued a warning on October 28, 2020 about an imminent threat to hospitals and healthcare providers. They represent that they have credible information to suggest there will be a widespread Ryuk ransomware attack this weekend (October 30 - November 1), and the FBI, DHS and the NSA's Cybersecurity Threat Operations Center are currently investigating the matter. It is recommended that hospitals and healthcare providers implement the following measures as soon as possible.
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The Next Major Public Health Crisis Posted on: October 15, 2020 In: COVID-19 Response, Data Privacy & Cybersecurity
In 2014, a business associate of a healthcare entity was notified by law enforcement that it had suffered a cyberattack to the company's information system. The hackers were able to access and exfiltrate the health information of more than 6 million people from numerous entities served by the business associate. In addition to a fine issued by OCR, a related covered entity was sued and a multimillion-dollar settlement was reached. OCR placed the covered entity under a very detailed corrective action plan.
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When OSHA Knocks On Your Door: An Employer’s Guide to Workplace Inspections Posted on: August 25, 2020 In: COVID-19 Response, Labor & Employment
Since the pandemic started, there have been over 31,000 COVID-19-related complaints to federal and state OSHA offices. OSHA has a number of ways to investigate these complaints, including written inquiries, document requests, and inspections. An OSHA inspection can sometimes be quite intimidating for employers. Therefore, employers should know their rights before OSHA shows up for an inspection. Seven key elements of OSHA inspections, along with employers’ corresponding rights, are described in this post.
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The Pandemic’s Silver Lining: Tips for Making the Most of Virtual Communication Posted on: August 20, 2020 In: COVID-19 Response, Labor & Employment
If there is a silver lining in the current COVID-19 pandemic, it may very well be the pervasiveness of electronic communication, including Zoom, WebEx, Blue Jeans, and other virtual platforms. Before March 12, 2020, I traveled constantly. It was not unusual to spend a day traveling, appear in court for a 15-minute case management conference, and spend another half day returning to home base only to travel again.
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Healthcare Providers Beware: HIPAA Applies When Complying With Subpoenas Posted on: August 18, 2020 In: COVID-19 Response, Data Privacy & Cybersecurity
Much scrutiny has been given to the treatment for COVID-19 and the use of funds in fighting it. In time, the local, state, and federal governments will be investigating or prosecuting organizations accepting COVID-19 funds or treating those with the coronavirus. Covered entities, such as healthcare providers and health plans, might be served with subpoenas and discovery requests. It is important to know how to manage the release or disclosure of patient information subject to these requests.
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