Labor & Employment

Just one week after ordering new business restrictions to combat the recent surge of COVID-19, Governor Larry Hogan announced further mitigation measures in Maryland that will dial back business operations.

On November 17, 2020, Governor Hogan issued Executive Order 20-11-17-01, which amends and restates Executive Order 20-11-10-01 (which we previously summarized here).  The amended order goes into effect at 5:00 p.m. on Friday, November 20, 2020.

Michigan recently announced two COVID-19 developments that will impact employers and their workplaces.  Most recently, the Michigan Department of Health and Human Services (MDHHS) issued new restrictions for business operations in the state that are set to take effect on November 18 and last through December 8, 2020 (the “Three Week Pause Order”).  The Three Week Pause Order followed an announcement late last week by the Michigan Occupational Safety and Health Administration (MIOSHA) of a State Emphasis Program (SEP) focused on in-door activities and venues, including office settings.  The Three Week Pause Order and SEP announcements also include an important reminder to employers of the potential liabilities and penalties if they violate the State’s COVID-19 safety requirements.

As the COVID-19 pandemic continues to affect workplaces throughout the world, employers are considering new ways to ensure a safe workplace when employees return to the office. Outside the US, employers must balance their duty of care to protect the health and safety of all their employees with safeguarding employees’ privacy and complying with data protection regulations. Many employers already have analyzed whether they may require or request employees to (i) submit to COVID-19 testing at the workplace, (ii) certify certain health information regarding exposure to COVID-19 and (iii) wear a face covering in the workplace. Another relatively recent development employers outside the US may wish to consider is whether they may require or request employees to download a COVID-19 contact tracing application to their smartphones to track employees’ movements and contacts to enable employers to alert employees if they have been exposed to a co-worker with COVID-19.

As COVID-19 cases once again surge across the country, Washington, D.C. employers must remember to provide both paid and unpaid leave under the new District of Columbia Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130) (the “Act”).  Although passed in July 2020, the Act formally became effective on October 9, 2020 and will remain in effect through the end of the declared COVID-19 public health emergency—currently December 31, 2021.  The law repeals the emergency laws that we previously blogged about, but carries over the additional obligations to provide employees with paid and unpaid leave for COVID-19-related reasons.  We have summarized both provisions below.