We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The governors of Georgia, Illinois, Iowa, South Carolina, Vermont and Wyoming extended their emergency declaration orders and/or the duration of the current phase of their reopening plans.
  • The governors of Nebraska and Pennsylvania issued new or amended orders the limit the size of certain gatherings, while a county judge in Wisconsin issued a temporary restraining order blocking a recent order in Wisconsin that imposed limitations on public gatherings and set a hearing date of 19 October 2020, to determine whether to issue a permanent injunction. Meanwhile, the governor of Maryland updated the state’s stay-at-home order to allow for attendance at outdoor sporting and entertainment venues, subject to significant capacity restrictions.
  • The governors of Connecticut, New Jersey and New York modified their tri-state COVID-19 travel quarantine list to add Ohio, Michigan and Virginia. The tri-state list currently includes 38 states and territories.
  • Hawaii has now reopened to tourists with a mandatory 14-day quarantine that can be avoided if the traveler produces a negative coronavirus test taken within 72 hours of their flight.

For more information, please contact your Baker McKenzie attorney.

Special thanks to guest contributors, Melissa Allchin, John Foerster and Sandhya Sharma.

On October 6, 2020, the Department of Labor (DOL) and Department of Homeland Security (DHS) announced new interim final rules (IFRs) that have left employers reeling in the wake of their effect on foreign national employees on H-1B visas or in the permanent residence process. The DOL IFR took effect on October 8, 2020. The DHS IFR will take effect on December 7, 2020. Both rules will significantly impact employers’ ability to hire and retain foreign national talent. While litigation that could suspend the rules seems imminent, employers are left to navigate the IFRs on the unsteady ground created by COVID-19-related H-1B and PERM compliance challenges.

Click here to continue reading.

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The Governors of Colorado, Louisiana, South Carolina, Vermont and Washington, as well as the Mayor of Washington, D.C., extended their emergency declaration orders and/or the duration of the current phase of their reopening plans.
  • Connecticut and Maine moved to the next phase of their respective reopening plans.
  • The Michigan Department of Health and Human Services issued an executive order that largely mirrors the orders previously issued by Governor Gretchen Whitmer, which were struck down by the Michigan Supreme Court earlier this month. The new order remains in effect until October 30, 2020.
  • The Governor of Texas issued a new order that allows bars and similar establishments to open at 50% capacity if the County Judge opts in, and that allows for increased capacity at certain entertainment venues in counties with low hospitalization rates. The Governor of Washington announced updates to the state’s reopening plan that allows for more activities in some of the phases. The Governor of Wisconsin, on the other hand, issued an order that limits the size of indoor gatherings in certain places that are open to the public.
  • The Governor of New York announced a “Cluster Action Initiative,” which targets clusters of high community transmission of COVID-19 for additional restrictions on non-essential gatherings, houses of worship, businesses, dining, and schools.
  • The Governors of Connecticut, New Jersey and New York modified their tri-state COVID-19 travel quarantine list to add New Mexico. The tri-state list currently includes 35 states and territories.

For more information, please contact your Baker McKenzie attorney.

On October 7, 2020, the US Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued its initial FAQ regarding President Trump’s Executive Order 13950, Executive Order on Combating Race and Sex Stereotyping (“Executive Order”). As discussed in our recent blog post, the Executive Order prohibits federal contractors from conducting workplace training during the performance of a government contract that inculcates certain “divisive concepts” in employees, and requires federal contractors to impose the same prohibition on their subcontractors and vendors.

The guidance provides some clarity to the Executive Order, which has been widely described as difficult to understand and implement. We highlight some of the guidance’s key points below.

Continue Reading DOL Issues Guidance on Controversial Executive Order on Combating Race and Sexual Stereotyping

Special thanks to guest contributor, Kim Sartin.

In this podcast, we take an updated look at the reopening landscape. As many businesses have since initiated phased reopenings, additional challenges have arisen for employers, who are navigating changing laws, potential litigation and realigning business needs, all in a wildly unpredictable environment. Additionally, as remote operations have become the evolving norm where possible, what will be the long-term impact of this shift on business operations and culture?

Please click here for the podcast.

 

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The Governors of Alabama, Georgia, New Hampshire, Rhode Island, Tennessee and Wyoming extended their emergency declaration orders and/or the duration of the current phase of their reopening plans.
  • Massachusetts and North Carolina moved to the next phase of their respective reopening plans.
  • New orders were issued or existing orders were amended in Iowa, Maryland, Nevada, New York and South Carolina that allow for the reopening of, or increased capacity at, certain sports and entertainment venues, bars and restaurants.
  • The Governors of Connecticut, New Jersey and New York modified their tri-state COVID-19 travel quarantine list to add Colorado and remove Arizona and Virginia. The tri-state list currently includes 34 states and territories.
  • The Governor of New York also issued a new order that requires travelers entering New York from any country with a Level 2 or Level 3 health notice as designated by the CDC to quarantine for 14 days.
  • The Michigan Supreme Court ruled on October 2, 2020 that Governor Gretchen Whitmer had no authority to issue or renew executive orders related to COVID-19 beyond April 30, 2020. On October 4, 2020, Michigan Attorney General Dana Nessel announced she would no longer enforce the Governor’s orders by criminal prosecution.

For more information, please contact your Baker McKenzie attorney.

 

As predicted, on September 30, 2020, California Governor Newsom signed SB 973 into law. SB 973 requires private employers with 100 or more employees to report pay data to the Department of Fair Employment and Housing by March 31, 2021, and by March 31 each year thereafter, for specified job categories by gender, race, and ethnicity. For details on the reporting requirements, click here.

Takeaways for Employers

With this new measure to further close the pay gap, we recommend employers with 100 or more employees prepare now, as follows:

  • Evaluate the need for additional systems to track and maintain the required information;
  • Compile payroll, hours, job category, and demographic information; and
  • Partner with counsel to conduct an audit, identify any potential unexplained wage disparity, and evaluate the need to include “clarifying remarks” in the report.

If you have question on the new reporting requirements, please contact your Baker McKenzie lawyer.

Following in the steps of precedent setting legislation mandating women on boards two years ago, on September 30, 2020, California Governor Gavin Newsom signed AB 979 into law mandating diversity on certain public company boards of directors. The new law requires publicly held corporations headquartered in California to include at least one person from an underrepresented community by the end of next year, with additional appointments required in future years.

New Obligations

The new legislation is the first of its kind in the U.S. and is the second time California seeks to mandate diversification of public company boards through legislation. (Read more about the 2018 legislation requiring companies to put female directors on their boards here.) The first piece of legislation aimed at increasing gender diversity; AB 979 seeks to increase diversity from “underrepresented communities.”

Continue Reading California Mandates More Diversity in Corporate Boardrooms

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The Governors of Hawaii, New Jersey, Oklahoma, Rhode Island, South Carolina and Wisconsin extended their emergency declaration orders and/or the duration of the current phase of their reopening plans
  • Connecticut, Indiana, Maine and Oregon moved to the next phase of their respective reopening plans.
  • New orders were issued in Florida, Maryland, Michigan and Washington that allow for the reopening of, or increased capacity at, certain social or meting venues, including bars and restaurants.
  • The Governors of Connecticut, New Jersey and New York modified their tri-state COVID-19 travel quarantine list to add Arizona, Minnesota, Nevada, Rhode Island and Wyoming. The tri-state list currently includes 35 states and territories.

For more information, please contact your Baker McKenzie attorney.