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Adverse Employment Action Infectious Diseases

Littler

Ontario, Canada Appeal Court Confirms Employment Contract Frustrated by Employee’s Refusal to Comply With COVID-19 Vaccination...

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In Croke v. VuPoint System Ltd., 2024 ONCA 354, the Court of Appeal for Ontario (OCA) upheld the Superior Court of Justice – Ontario (SCJ)’s summary judgment decision that an employee’s refusal to comply with their employer’s...more

Ius Laboris

Canadian court upholds termination of unvaccinated worker

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The Ontario Court of Appeal recently held that an employee’s failure to meet COVID-19 vaccination requirements imposed by a third party amounted to frustration of the employment contract. As a result, there was no obligation...more

Littler

UK tribunal rules long-COVID capable of being a disability under the Equality Act

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An employment tribunal in the UK has for the first time ruled that a person’s long-COVID is a disability protected by the Equality Act 2010. However, we must be cautious in assuming that from now on all instances of...more

Proskauer - California Employment Law

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose...more

Littler

British Columbia, Canada: Arbitrator Upholds Electricity Provider’s Vaccination Policy But Severs Discipline Aspect as...

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In BC Hydro and Power Authority and IBEW, Local 258, Re, 2022 CarswellBC 837, Arbitrator Gabriel Somjen decided that the mandatory vaccination policy of BC Hydro, British Columbia’s primary electricity supplier, was...more

Littler

British Columbia, Canada: Arbitrator Decides Employer Could Terminate Employee Who Refused Government-Ordered Vaccination

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On April 4, 2022, in Fraser Health Authority v British Columbia General Employees’ Union, 2022 CanLII 25560, Arbitrator Koml Kandola of the British Columbia Labour Relations Board dismissed the union’s grievance respecting...more

Proskauer - Law and the Workplace

Tennessee Expands Employee Protections Relating to COVID-19 Vaccine Mandates

Tennessee Governor Bill Lee has signed into law a bill that expands protections for employees who are subject to employer COVID-19 vaccine mandates. The new law supplements existing state law that prohibits private...more

Littler

UK: Automatically Unfair COVID Dismissals

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As expected, in the United Kingdom there has been an increase in employees seeking to bring claims of automatic unfair dismissal where they have been dismissed for...more

Burr & Forman

COVID-19 as a Disability Under the Americans with Disabilities Act

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Can COVID-19 be Considered a Disability? The EEOC recently published guidance indicating that, in some instances, COVID-19 may be considered a disability under the Americans with Disabilities Act (“ADA”). Although the...more

Parker Poe Adams & Bernstein LLP

OSHA Raises the Standard Impacting COVID-19 Whistleblower Claims

Under Section 11(c) of the Occupational Safety and Health Act, employers are prohibited from taking adverse action against an employee because the employee has engaged in protected activity under the statute, such as filing a...more

Littler

Employment Highlights from Oregon’s Active 2021 Legislative Session

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June 2021 culminated in the elimination of COVID-19 restrictions in Oregon and significant changes to the state’s employment laws during the 2021 legislative session. On June 25, 2021, Governor Kate Brown issued Executive...more

Littler

British Columbia, Canada Court Deducts CERB From Employee’s Damages for Wrongful Dismissal

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To date, few decisions in Canada have considered whether the amount of the Canadian Emergency Response Benefit (CERB) employees receive after their job termination should be deducted from their damages in lieu of common law...more

FordHarrison

Chicago Enacts Vaccination Anti-Retaliation and Rights Ordinance

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On April 21, 2021, the City of Chicago enacted the Vaccine Anti-Retaliation Ordinance that provides all workers in Chicago with rights to obtain COVID-19 vaccinations during their work hours and imposes significant penalties...more

Hogan Lovells

Employment News: health and safety, pay reporting

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First tribunal guidance on "serious and imminent" danger in context of COVID-19 - In Rodgers v Leeds Laser Cutting Ltd the Employment Tribunal considered whether an employee had been unfairly dismissed for refusing to attend...more

Littler

Chicago City Council Passes Vaccination Time Off Ordinance

Littler on

On April 21, 2021, the Chicago City Council passed an ordinance, effective immediately, prohibiting adverse action against all Chicago workers—including independent contractors—who take time off from work to receive a...more

Fisher Phillips

October 2020: The Top 11 Labor And Employment Law Stories

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It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more

Fisher Phillips

Stopping The Spread Of COVID-19 Hate Crimes In Reopened Restaurants

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As restaurants continue to reopen out of economic necessity despite a global pandemic, employers and employees alike remain concerned about the possibility of COVID-19 outbreaks in the workplace. No longer are bad Yelp...more

Morgan Lewis

New York City Council Amends Paid Sick Leave Law

Morgan Lewis on

A bill passed by the New York City Council amends the New York City Paid Sick and Safe Leave Law to align with state law and adds significant notice and damages provisions. ...more

Seyfarth Shaw LLP

San Francisco Enacts Temporary Protections for Corona-Positive Workers And Applicants

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Seyfarth Synopsis: On September 1, 2020, the San Francisco Board of Supervisors approved another temporary emergency ordinance, this time protecting employees, contractors, and job applicants from adverse employment action if...more

Littler

Michigan’s New Executive Order Modifies Worker “Stay-At-Home” Requirements

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On August 27, 2020, Governor Gretchen Whitmer issued Executive Order 2020-172, which rescinded Executive Order 2020-166 and provides further guidance and protections to workers who stay home when they or their close contacts...more

Jaburg Wilk

What Arizona Teachers, Professors, and School Employees Need to Know if They Feel Unsafe Returning to In-person Class Instruction...

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Many employees of schools and universities are fearful about returning to work due to concerns about contracting COVID-19. There are many state and federal laws that offer protections to these employees....more

Shook, Hardy & Bacon L.L.P.

National Employment Perspective | Focus On California Juries

Study Suggests Employers Face Increased Jury Hostility in the Age of COVID-19 California is well-known as a challenging jurisdiction for employers. The American Tort Reform Association ranked California second on its...more

Foley & Lardner LLP

COVID-19 in the Workplace - We May Not Be at Peak Yet, but the Lawsuits Are Already Coming

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The COVID-19 pandemic has placed significant strains on virtually every aspect of life. While state and local governments have forced many businesses to suspend operations in an effort to mitigate the spread of the virus,...more

Hogan Lovells

New York State Governor Cuomo to Send Coronavirus Protections Under New York State Paid Sick Leave Act to Legislature

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Governor Cuomo is sent new legislation related to the Coronavirus to New York State lawmakers yesterday.  The legislation would protect employees who are required to stay home from work because they are being isolated or...more

Lewitt Hackman

Coronavirus: 13 Things Employers Should Do to Protect Employees, Customers

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With the number of Coronavirus cases increasing daily, many employers wonder what steps can and should be taken to protect their employees and customers, while still complying with California and Federal labor laws. Based on...more

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