On November 19, 2020, the California Occupational Safety and Health Standards Board, the standards-setting agency of the California Division of Occupational Safety and Health (Cal/OSHA), adopted an emergency standard regarding COVID-19 workplace prevention. The Standards Board submitted the new final rule to the Office of Administrative Law, which may approve the rule within as few as 10 days. This means employers may have to comply with the emergency standard as soon as Monday, November 30,…

On November 19, 2020, the California Occupational Safety and Health Standards Board voted and approved an emergency COVID-19 regulation governing employers and workplaces. That regulation is scheduled for adoption and implementation on November 30, 2020. Below are answers to some frequently asked questions that employers have expressed about the new emergency regulation. 1. The regulation states that it is temporary. How long will the regulation be in effect? The regulation is initially in effect for…

In its most recent COVIDView weekly update, the U.S. Centers for Disease Control and Prevention (CDC) reported that levels of COVID-19 “virus circulation and associated illnesses” have been rising nationally since September 2020. The CDC has also issued a “COVI1111111111D-19 Alert,” noting that “COVID-19 cases, hospitalizations, and deaths across the United States are rising.” In the context of such rising cases and increased scientific knowledge about the virus, the CDC made significant…

In the last two weeks, two drug manufacturers announced the results of late-stage trials for COVID-19 vaccines that show effective rates of 95 percent and 94.5 percent respectively. Another manufacturer also announced succesful phase-two trials for a vaccine that shows robust immune results among older adults. Some manufacturers say they are poised to launch widespread distribution of their vaccines upon approval by the U.S. Food and Drug Administration, but current estimates indicate that the earliest…

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) issued an order this week that Washington State’s meal and rest break rules are preempted as applied to property-carrying commercial motor vehicle drivers subject to its hours of service rules. This order follows decisions by the FMCSA in late 2018 in which the agency announced that California’s meal and rest break rules were similarly preempted. According to the FMCSA, the federal Motor Carrier…

On November 18, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its policy allowing flexibility in performing in-person verification of documents presented for Form I-9, Employment Eligibility Verification. This most recent extension is effective through December 31, 2020. The Form I-9 compliance flexibility policy will continue to apply only to employers and workplaces that are operating remotely. There are no exceptions for in-person verification of identity and employment eligibility documentation for employees…

On November 18, 2020, Minnesota Governor Tim Walz dialed back Minnesota’s phased reopening and ongoing loosening of COVID-19–related restrictions by issuing Emergency Executive Order (EO) 20-99, “Implementing a Four Week Dial Back on Certain Activities to Slow the Spread of COVID-19.” Executive Order 20-99 is effective from November 20, 2020, at 11:59 p.m., until December 18, 2020, at 11:59 p.m. Governor Walz may extend the executive order, which largely depends on compliance and the…