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Latest from Ogletree Deakins Insights

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On December 2, 2020, the U.S. Centers for Disease Control and Prevention (CDC) announced that it is revising its COVID-19 quarantine guidelines, offering an alternative to the prior blanket 14-day quarantine recommendation for individuals coming into close contact with positive or presumed-positive individuals. While the CDC emphasizes that the original 14-day quarantine period is best after a close contact, the revised guidelines now allow for the following “acceptable alternative[]” quarantine periods, during which the individual…
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On December 1, 2020, the U.S. District Court for the Northern District of California granted a motion for summary judgment in favor of the plaintiffs that had requested to set aside two new regulations from the U.S. Department of Labor (DOL) and the U.S. Department of Homeland Security (DHS). The two rules, both published as interim final rules, changed the way Occupational Employment Statistics (OES) prevailing wages are calculated and changed the definition of a…
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Ogletree Deakins’ Traditional Labor Relations Practice Group is pleased to announce the publication of the Fall 2020 issue of the Practical NLRB Advisor. This issue offers insight into the future of labor policy in the wake of a politically polarized presidential election year and a sharply divided electorate. Even though the 2020 election is over, we can expect to see continued battles over traditionally pro-labor segments of the workforce, controversial legislation that is likely…
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In an effort to control the spread of COVID-19, the Mexican federal government implemented a “traffic light” monitoring system in June 2020 to alert residents to the epidemiological risks in each of the country’s 32 states and provide guidance on restrictions on certain activities. The bimonthly monitoring system is aligned with health protocols to guide Mexico’s states through the country’s phased reopening plan. Below is a map for the period of November 23, 2020, to…
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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,…
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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…
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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…
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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…
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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…
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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…