Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Ogletree Deakins is a leading national law firm specializing in labor and employment. The firm blogs on workplace regulations and labor law updates.

As expected, on April 28, 2021, Governor Henry McMaster signed the “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) into law. The act, which provides protection from “coronavirus claims” to a broad class of covered entities and covered individuals, went into effect immediately and “appl[ies] to all civil and administrative causes of action that arise between March 13, 2020, and June 30, 2021, or [180] days after the final state of emergency is lifted…
The Supreme Court of Pennsylvania recently held unenforceable a no-hire provision in a service contract between a logistics company and a trucking firm. In Pittsburgh Logistics Systems, Inc. v. Beemac Trucking LLC, et. al., the court reasoned that the no-hire provision at issue was overly broad and undermined fair competition for employees in the shipping and logistics industry. Background The case was between Pittsburgh Logistics Systems, Inc. (PLS), “a third-party logistics provider that arranges for…
On April 23, 2021, an amendment to the Mexican Labor Law was published in the Official Gazette of the Federation. Below are the key points about the amendment and how they will affect employers that outsource or subcontract work. GENERAL PROVISIONS According to the amendment, employers are no longer permitted to subcontract or outsource personnel. The law covers any individual or legal entity providing employees to be supervised and managed by a third-party client and…
On May 3, 2021, the California Department of Public Health (CDPH) released updated public health recommendations advising that fully vaccinated non-healthcare workers can refrain from quarantining after a known workplace exposure to COVID-19, but only if they are asymptomatic. This guidance applies only to non-healthcare workplaces. For the purposes of CDPH’s guidance, individuals “are considered fully vaccinated for COVID-19  two or more weeks after they have received the second dose” of either the Pfizer or…
On April 30, 2021, the Biden administration issued a proclamation that implements restrictions for travelers from India, due to concerns regarding COVID-19. Pursuant to the proclamation, noncitizens who have been physically present in India within 14 days of travel to the United States will be barred entry, unless eligible for an exception. The restrictions are scheduled to take effect on May 4, 2021, at 12:01 am eastern daylight time. As rationale for this proclamation, the…
As Judge Richard A. Licht (quoting a slightly more famous source) said in a 2017 court opinion: “I get high with a little help from my friends.” Four years later, employers may be asking themselves which of their employees are getting high and what can they do about it. States have been busy when it comes to marijuana laws. Before the mid-2010s, employers tended not to worry about state marijuana laws because of marijuana’s illegal…
Biden Releases American Families Plan. This week, the White House released an outline of its American Families Plan, which is being touted as the second phase of the administration’s infrastructure proposal (dubbed the “American Jobs Plan”). The American Families Plan would invest $1.8 trillion in education (including training for teachers), federal nutrition programs, childcare, and extending tax credits. Like the infrastructure proposal, the American Families Plan is not a bill (yet), but will rather…
On April 21, 2021, in a further push to encourage COVID-19 vaccinations for those individuals who have been hesitant, the White House issued a fact sheet titled, “President Biden to Call on All Employers to Provide Paid Time Off for Employees to Get Vaccinated After Meeting Goal of 200 Million Shots in the First 100 Days.” This announcement further signals the administration’s dedication to vaccinating the U.S. population and its willingness to offer incentives to…
After weeks of improving pandemic conditions in Mexico—since March 2021, none of Mexico’s 32 states has been classified in red status, the strictest tier of the federal government’s four-tiered COVID-19 traffic light monitoring system—there has been a slight regression in the epidemiological trend. In this report, the traffic light system reveals a tightening of restrictions in response to a recent uptick in COVID-19 cases: 6 states are now in green status (compared to…
On April 29, 2021, the Government of Ontario stated that it plans to introduce the COVID-19 Putting Workers First Act. When passed, this legislation “would require employers to provide employees with up to three days of paid leave because of certain reasons related to COVID-19.” According to a government press release, the act would apply retroactively to April 19, 2021, and would expire on September 25, 2021. To qualify for this new temporary leave,…