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Robin Samuel

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As companies develop their reopening playbook, health & safety is of course the top line concern. Face coverings have emerged as one of the most popular preventative measures for mitigating the spread of the virus. For employers, questions abound about obligations related to face coverings.

We’ve been helping multinational companies navigate the use of face coverings in the workplace. Here are answers to some of the most common questions in the US:

  • Does the CDC require the use of face coverings in the workplace?

No. At this point, there is no federal requirement that employees wear face coverings in the workplace. The CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain (e.g., grocery stores and pharmacies) especially in areas of significant community-based transmission. See here.

The CDC also recommends using cloth face coverings, and not surgical masks or N-95 respirators, which are critical supplies that must continue to be reserved for healthcare workers and other medical first responders.

  • Does OSHA require the use of face coverings in the workplace?

No, except in specific workplaces where there is a higher risk of airborne exposures. OSHA has not required employees to wear masks at work as a result of COVID-19, except in certain settings such as hospitals and other workplaces where Personal Protective Equipment was required before the pandemic.Continue Reading Face Coverings: Q&A for US Employers

Welcome to Baker McKenzie’s Labor and Employment video chat series! In these quick and bite-sized video chats, our employment partners team up with practitioners in various areas of law to discuss the most pressing issues for employers navigating the return to work.

This series builds on our recent client alert and webinar on reopening for…

This webinar recording covers government orders, creating a timeline, workplace safety and prevention strategies, testing and health screening, labor agreements, workforce communication, managing employee concerns, and litigation mitigation.

Please see below the webinar materials as well as additional resources.

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We are pleased to share a recent SHRM article, “What to Do When Scared Workers Don’t Report to Work Due to COVID-19,” with quotes from Robin Samuel. This articles discusses several topics including employee’s legal rights and how to respond to an essential worker’s fear of returning to work.

Click here to view the article.…

Join us Thursday, April 30 for our next COVID-19 webinar as we discuss the challenges US employers will face when bringing employees back into the workplace while maintaining appropriate safety. The webinar will cover eight key considerations for employers to address in planning for a reopening of the workplace.

  1. Government Orders
  2. Timing
  3. Workplace Safety &

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With signs that the virus is peaking in the US, and with some state Shelter-in-Place Orders scheduled to be lifted in the coming weeks, employers are turning their attention to planning for how best to bring employees back to work.

As with the initial outbreak, US employers can look to other corners of the world…

In the wake of the global pandemic, many companies need to take quick action to reduce costs. This 40 minute webinar, co-hosted by the ACC Southern California Chapter, outlines the various cost-cutting strategies available to employers in the US, and walk participants through the major considerations necessary to minimize legal risk. Our speakers discuss how…

We recently covered the new paid sick and family leave requirements under the Families First Coronavirus Response Act (FFCRA) here. The FFCRA marks the first time Congress required federal paid leave for private sector workers. That is not the case at the state and municipal level, where for years, employers have had to navigate…

As we reported previously, on March 27, 2020, the Los Angeles City Council passed an ordinance requiring large employers to provide emergency supplemental paid sick leave to employees affected by COVID-19 who work in the city limits. The ordinance was set to take effect upon signing by Mayor Eric Garcetti as emergency legislation.

However, last night, Mayor Garcetti returned the ordinance to the City Council unsigned, instead issuing a Public Order requiring paid sick leave under his emergency authority. Mayor Garcetti applauded the City Council for passing a supplemental paid sick leave ordinance, but found that the ordinance as drafted needed modification to strike a better balance between helping workers who will likely suffer through layoffs if the City imposes excessive burdens and costs upon businesses, and ensuring that City regulations do not unintentionally cause staffing shortages at hospitals and critical health facilities during the pandemic. The Mayor’s Public Order supersedes the March 27 City Council ordinance, and will remain in effect until two calendar weeks after the expiration of the COVID-19 local emergency period.

The Public Order is available here, and we have summarized its key provisions below. It creates new exemptions for employers with more generous leave programs, and gives credit for paid leave during closures.

Covered Employers, Employees and Required Leave

The Public Order applies to employers with (i) 500 or more employees within the City of Los Angeles or (ii) 2,000 or more employees within the United States.  Employers who do not meet these criteria are not required to provide sick leave – a change from the City Council ordinance that would have applied to employers with 500 or more employees anywhere in the U.S.Continue Reading Los Angeles Mayor Issues Executive Order Modifying LA Emergency Paid Sick Leave Ordinance