Does this fact pattern sound familiar?
Employer has a COVID-19 policy requiring employees with
COVID-like symptoms or exposure to a COVID-positive (or suspected
COVID-positive) person to report the same to Human Resources.
If reported, the employee is required to not come to work (or go
home) and to self-isolate or quarantine for 14 days, consistent
with CDC Guidance.
Seems easy enough. But then an employee calls work exactly two
weeks prior to a company-paid holiday, and reports not feeling well
(fever, slight cough, and muscle fatigue) – typical COVID-19
symptoms. The employee is told to stay home
and get better, but not to come to work for 14 days
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As we previously reported, OSHA recently launched a National Emphasis Program (NEP), focusing
efforts on workplace COVID-19 concerns. The NEP guidance specifies
that OSHA will be directing heightened enforcement efforts on
companies that put the largest number of workers at serious risk of
contracting the coronavirus, such as hospitals, assisted living
centers, and other health care and emergency response providers
treating COVID-19 patients. The NEP guidelines also note that
in an anti-retaliation effort, OSHA will be targeting
establishments where employees have complained about unsafe or
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On April 1, 2021, the New York Department of Health (NY DOH)
issued an update to its prior guidance for
health care personnel on returning to work following COVID-19
exposure. This update provides further clarifications regarding
quarantine, furlough, and testing for health care personnel exposed
to COVID-19, including those who are fully vaccinated or have
recovered from previous COVID-19 infection, and addresses further
changes in New York s travel advisory that also went into
effect on April 1, 2021. The updated guidance regarding
travel, however, was further superseded by a further travel advisory update on April
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Hospitality and event center workers received additional job
rights protection under a new ordinance passed by the Minneapolis
City Council. The new ordinance requires employers to recall those
workers, if and when they are needed in reverse order of seniority.
Ordinance No.2021-12, entitled Hospitality Worker Right to Recall, seeks to minimize
the impact on affected employees in an industry particularly
hard-hit by the COVID-19 pandemic and to stabilize the workforce.
The ordinance becomes effective on May 1, 2021, and will remain in
effect until one (1) year after the termination of the
Butler Snow LLP
The American Rescue Plan Act of 2021 ( ARPA ) includes a valuable benefit for an employee who has lost (or loses) healthcare coverage due to an involuntary termination or reduction in hours.
Archer & Greiner P.C.
As a cautious employer, let s say you run a criminal background check on all of your applicants. Your latest candidate s report comes up with an arrest record from just a few months ago for theft but no conviction.
Seyfarth Shaw LLP
On February 19th and 26th, 2021, Illinois legislatures introduced new bills that, if passed, would get rid of at-will employment, only allowing employers to terminate .