After much speculation and discussion, on June 22, 2020, President Trump issued his Proclamation Suspending Entry of Aliens Who Present a Risk to the U.S. Labor Market Following the Coronavirus Outbreak. The Proclamation is focused on preventing the entry of individuals who are located outside of the U.S. on the [...]
On Thursday, June 18, 2020, in a 5-4 decision, the U.S. Supreme Court preserved the Deferred Action for Childhood Arrivals (DACA) program by holding that the Trump Administration had improperly terminated the Obama-era immigration program. While the Court held that the Department of Homeland Security (DHS) has the power to [...]
This week the Equal Employment Opportunity Commission (EEOC) updated its Q&A to clarify that employers may not require an employee to take a 2019 novel coronavirus (COVID-19) antibody test before permitting the employee to reenter the workplace. According to the EEOC, based on current guidance from the U.S. Centers for [...]
On June 15, 2020, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 protects gay and transgender workers from workplace discrimination. Prior to the decision, Title VII prohibited discrimination based on race, color, national origin, religion and sex. The decision adds sexual orientation and [...]
The swift onset of the 2019 novel coronavirus (COVID-19) pandemic caused lost revenue and financial hardship for many employers. Some quickly instituted layoffs as a cost-saving measure. Others went out of business altogether. [...]
On May 19, 2020, the Occupational Safety and Health Administration (OSHA) released new enforcement guidance, which requires most employers to now determine whether an employee’s 2019 novel coronavirus (COVID-19) diagnosis is work-related. If an employer determines that an employee’s COVID-19 case is work-related, and otherwise meets the general recording criteria [...]
In a 4-3 decision, the Wisconsin Supreme Court has ruled Emergency Order #28, Safer at Home Order (Order #28) invalid and unenforceable for failure to follow the emergency rule promulgation process under Wisconsin Chapter 227. The court did not issue a stay of any kind, meaning that prohibitions on business [...]
The U.S. Department of Homeland Security (DHS) has issued a 2019 novel coronavirus (COVID-19) temporary policy for List B identity documents for completion of Form I-9. [...]
As employers plan to re-open for business or ramp up to full operations, it is critical to prepare for return to work concerns expressed by employees who have been identified by the U.S. Centers for Disease Control and Prevention (CDC) or local safer-at-home orders as high risk. [...]
On April 23, 2020, the Equal Employment Opportunity Commission (EEOC) issued much anticipated guidance to employers that permits mandatory testing of employees for the presence of the 2019 novel coronavirus (COVID-19) prior to entering the workplace. The EEOC issued the guidance in an updated version of its Technical Assistance Questions [...]
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