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

Baker McKenzie has a team in place that has been advising clients real-time on these most critical issues since the first orders were enacted. We are pleased to provide this Tracker, which identifies the relevant state-wide shelter-in-place orders and their related expiration dates,

The confusion over evolving state and local quarantine orders can be a challenge for employers with employees visiting hotspot areas. This week we discuss what employers can do when employees travel to a COVID-19 hotspot and have to quarantine when they arrive or return.

Please click here to watch this week’s video chat.

On July 20, 2020, the Wage and Hour Division of the US Department of Labor (DOL) published additional COVID-19 guidance in the form of a Q&A addressing Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and Families First Coronavirus Relief Act (FFCRA) issues arising when employers and employees return to work.

A few days before, on July 17, the DOL published streamlined optional-use forms for employer and employee notification and certification obligations under the FMLA and separately asked the public to comment on the FMLA and its regulations in a Request for Information (RFI). The additional guidance and forms should help employers navigate FMLA leave and employee wage and hour issues during COVID-19. And employers now have the opportunity to share their thoughts on the FMLA and its implementing regulations with the DOL. We provide more insight into the DOL’s recent activity below.


Continue Reading New Q&As, New Streamlined Forms, and an RFI: the Department of Labor Publishes More COVID-19 Guidance and Seeks Public Comment on the FMLA

With a surge in COVID-19 cases in parts of the US (and some states taking or considering taking a step backwards into a prior reopening phase), employers are trying to figure out the best ways to keep the virus from spreading in their reopened worksites. We have answered some frequently asked questions below to help employers implement or modify their screening protocol to make it the best fit for their physical workspace, their budget, and their workforce.

1.  Can I check my employees’ temperatures before they enter the  workplace? If my employees have a fever, can I send them home (or tell them not to come to work)?

Yes, employers can check their employees’ temperatures before they enter the workplace. In fact, some states and localities require employers to do daily or weekly checks, so check your local requirements.

A temperature check is a medical examination under the ADA, and in ordinary times, employers generally cannot require employees to submit to a temperature check. However, given COVID-19’s rise to the level of pandemic, and the CDC and state and local health authorities’ acknowledgment of the community spread of COVID-19 and issuance of precautions, EEOC guidance allows employers to check employees’ temperatures before they enter the workplace. Temperature checks are only permitted while the virus is severe, so as the level of community spread diminishes in your locality make sure that temperature checks are still permitted before you administer them.

In addition, employers can send employees home (or tell them not to come to work) if they have a fever or any of the other symptoms of COVID-19. See EEOC guidance and CDC guidance, “Separate Sick Employees.” The CDC defines a fever as 100.4 F or 38 C or above. States may have different guidance regarding what qualifies as a “fever,” with some states defining a “fever” as a flat 100 F, and employers can set lower temperature thresholds if they prefer.


Continue Reading Employee Testing for COVID-19: What Works Now for Your Worksite?

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:

    • Starting with this week’s update, the Tracker now includes links to the applicable quarantine requirements or recommendations for incoming travelers

In our first installment of this ICYMI video chat, we discussed the current requirements, realities and challenges raised by COVID-19 testing and screening in the workplace. Join us as we continue the conversation and address additional testing and screening hurdles employers are facing on a daily basis.

Please click here to watch this week’s video

Raging for nearly six months, the coronavirus pandemic scattered a wide swath of the U.S. workforce from its offices.

Now private sector employers are being forced to confront a long-deferred question: will they retain this large-scale remote workforce flexibility or push to re-establish a status quo long perceived as integral to corporate culture?

Worker advocates

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 several states extended their shelter-in-place/emergency declaration orders, including California, Georgia, New Mexico, South Carolina, Vermont and Wyoming.

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 several states extended their shelter-in-place/emergency declaration orders, including Ohio, Oklahoma, Rhode Island, South Carolina, Utah, and Vermont.

On July 2, 2020, the US Department of Labor’s Occupational Safety and Health Administration (OSHA) supplemented its prior COVID-19 guidance (Guidance on Preparing Workplaces for COVID-19 and Guidance on Returning to Work) with additional FAQ guidance covering topics such as best practices to prevent the spread of COVID-19 infection in the workplace, workplace testing, and worker training. Though the guidance is not a standard or regulation itself (and therefore creates no new legal obligations for employers), it provides practical answers to actual inquiries OSHA received from the public regarding COVID-19 and workplace safety, and refers to pertinent Centers for Disease Control and Prevention (CDC) guidance and applicable OSHA standards for employers to consider.

OSHA grouped the FAQs by topic for easy navigation. Several of the key FAQs for employers are summarized below.

General Information

What precautions can employers in non-healthcare workplaces take to protect workers from COVID-19?

Employers should assess worker exposure to hazards and risks and implement infection prevention measures to reasonably address them consistent with OSHA Standards. Such measures could include:

  • Promoting frequent and thorough handwashing or sanitizing with at least 60% alcohol hand sanitizer;
  • Encouraging workers to stay at home if sick;
  • Encouraging use of cloth face coverings;
  • Training employees on proper respiratory etiquette, social distancing, and other steps they can take to protect themselves;
  • Considering using stanchions, temporary barriers, shields, and spacing out workstations to help keep workers and others at the worksite at least 6 feet away from each other;
  • Cleaning and disinfecting frequently touched surfaces (e.g., door handles, sink handles, workstations, restroom stalls) as much as possible, but at least daily.

Employers subject to OSHA’s PPE standard must also provide and require the use of personal protective equipment (PPE) when needed, and must conduct job hazard assessments to determine the appropriate type and level of PPE required.

The US Department of Labor and US Department of Health and Human Services’ Guidance on Preparing Workplaces for COVID-19 and OSHA’s Prevent Worker Exposure to COVID-19 alert provide more information on steps all employers can take to reduce workers’ risk of exposure to SARS-CoV-2. Learn more about preventing the spread of COVID-19 from OSHA and CDC.

Cleaning and Disinfection

How should I clean and disinfect my workplace?

Employers should review the CDC’s updated information about cleaning and disinfecting public spaces, workplaces, businesses, schools, and homes.


Continue Reading OSHA Publishes New FAQ Guidance on COVID-19 in Response to Public Inquiry