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Employer Liability Issues Infectious Diseases

Burr & Forman

The Burr Broadcast: OSHA Clarifies Work-Relatedness of Employee Injuries While Traveling

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In this episode of The Burr Broadcast, Natalie Ecker Phillips examines the recent guidance provided by OSHA regarding the work-relatedness of employee injuries or illnesses while traveling....more

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

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Rejects Anti-Vaccine Case Appeal

On March 18, the U.S. Supreme Court denied petition for review of an appellate court decision addressing an important question for many employers. In Chancey v. BASF Corp., the Supreme Court declined review of a Fifth Circuit...more

Seyfarth Shaw LLP

If Pain, Yes Gain – Part 120: CDC Shortens COVID-19 Isolation Guidelines; Potential Impact on New York COVID-19 Paid Leave

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On March 1, 2024, the CDC scaled back its guidance regarding COVID-19, most notably ending its recommendation of a five-day quarantine following a positive COVID-19 diagnosis....more

Bond Schoeneck & King PLLC

CDC Updated Guidance Regarding COVID-19 and Its Potential Impact on New York State COVID-19 Paid Leave

On March 1, 2024, the Centers for Disease Control and Prevention (CDC) issued updated guidance related to COVID-19 prevention and treatment. Prior to March 1, 2024, the CDC recommended that individuals who test positive for...more

Seyfarth Shaw LLP

CDC Trims COVID-19 Isolation Guidance: COVID-Positive Individuals Need Only Isolate for 24 Hours After Being Fever-Free

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Seyfarth Synopsis: The United States Centers for Disease Control and Prevention (CDC) is shifting its COVID-19 isolation guidance, advising that COVID-positive individuals no longer need to isolate once they have been...more

Littler

That’s A Wrap! CDC Reduces Recommended COVID-19 Isolation Period

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On March 1, 2024, the Centers for Disease Control and Prevention announced that it is updating its COVID-19 guidance and is no longer recommending that individuals who test positive for COVID-19 isolate for five days.  The...more

Bennett Jones LLP

Fundamental Breach or Reasonable Balance? Alberta Court Affirms Employer’s Mandatory COVID-19 Vaccination Policy

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In the case of Van Hee v Glenmore Inn Holdings Ltd., 2023 ABCJ 244 (Van Hee), Justice L.L. Burt of the Alberta Court of Justice (the Court) held that an employer was justified in unilaterally placing an employee on an unpaid...more

Epstein Becker & Green

Texas Joins Florida in Prohibiting Private Employers From Imposing Vaccine Mandates

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On November 10, 2023, Texas Governor Greg Abbott signed into law Senate Bill 7, which prohibits private employers in Texas from imposing vaccine mandates that require employees and/or contractors to obtain a COVID-19 vaccine....more

Robinson+Cole Manufacturing Law Blog

Tackle Flu Season with Confidence

It’s the season of football, fall foliage, and unfortunately, the flu. As the temperatures dip and boxes of tissues begin to fly off the shelves, it’s time for employers to prepare to meet the challenges of cold and flu...more

Bond Schoeneck & King PLLC

New York State Officially Repeals the COVID-19 Vaccine Mandate for Health Care Workers

On October 4, 2023, the COVID-19 vaccine mandate for health care workers in New York will officially be repealed. On September 18, 2023, the New York State Department of Health (NYSDOH) submitted a Notice of Adoption to...more

Goodell, DeVries, Leech & Dann, LLP

Take-Home COVID Claims Should Not Prevail in Maryland and D.C.

The COVID-19 pandemic has taken an unthinkable toll on the United States, taking over 1.1 million American lives in the past three years.[1] In the pandemic's aftermath, some families of those taken by the disease and others...more

Manatt, Phelps & Phillips, LLP

Employer Not Liable for Employee’s Spouse’s COVID-19

Answering certified questions from the Ninth U.S. Circuit Court of Appeals, the California Supreme Court found that public policy precluded holding an employer liable where an employee’s spouse suffered from COVID-19...more

Lewitt Hackman

California Courts Weighing In re Employees and COVID-19

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California courts recently issued two guiding decisions relating to COVID-19: In Thai v. International Business Machines Corp., 2023 Cal. App. LEXIS 526, the Court of Appeal held that a government mandate to work from...more

Beveridge & Diamond PC

California Employers are not Liable for the Spread of COVID-19 to Household Members

The California Supreme Court held this month that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. Kuciemba v. Victory Woodworks, Inc., S274191 (July...more

Epstein Becker & Green

As COVID-19 Public Emergency Ends, So Do Vaccination Mandates

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The federal government’s announcement that the COVID-19 public health emergency (“PHE”) declaration would end on May 11, 2023 marked the end of various federal mandates and benefits. The Centers for Disease Control’s...more

Seyfarth Shaw LLP

Employers May Be Liable For Work-From-Home Expenses

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Seyfarth Synopsis: The California Court of Appeal found an employer liable under Labor Code section 2802 for employee work-from-home operating expenses, despite Governor Gavin Newsom’s 2020 stay-at-home order, which precluded...more

Nelson Mullins Riley & Scarborough LLP

Some Post-COVID Clarity: Important California Updates on Third-Party Liability, Outbreak Definitions, and Employer Vaccine...

Despite all attempts to put the COVID-19 public health emergency in the rearview mirror, the virus is not entirely gone, and the pandemic was not long ago, at least in the law’s long memory. We can reasonably assume we are...more

ArentFox Schiff

California Rejects Employer Liability for “Take-Home” COVID-19

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Ruling on a lingering legal issue from the COVID-19 pandemic, the California Supreme Court held that an employer is not liable for cases of “take-home” COVID-19 — that is, where a household member allegedly caught the virus...more

Fisher Phillips

PEO Pointers: Rare COVID-19 Win for California Employers, But Keep Your Guard Up

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Welcome to “PEO Pointers,” a regular series of quick-read alerts to keep PEOs and their client companies up to speed on the latest issues affecting the industry and what they can do to ensure compliance....more

CDF Labor Law LLP

California Supreme Court Declines to Impose Tort Duty on Employers to Prevent Spread of COVID-19 to Employees’ Households

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The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more

Maynard Nexsen

Sun Sets on CMS Mandatory Vaccination Requirement for Affected Healthcare Entities

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After nearly three years of navigating the most widespread public health crisis since the 1918 influenza pandemic, the Centers for Medicare and Medicaid Services (“CMS”) has withdrawn its mandatory vaccination and testing...more

Fisher Phillips

California Supreme Court Shuts Down COVID-19 Liability Claim from Worker’s Wife: 4 Key Takeaways for Employers

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The California Supreme Court handed employers a win last week by making it clear that they do not have a duty to prevent the spread of COVID-19 to employees' household members. The court didn’t go so far as to say such claims...more

Seyfarth Shaw LLP

Cal/OSHA Definition Changes Make Outbreaks Less Likely

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Seyfarth Synopsis: On June 20, 2023, the California Department of Public Health (CDPH) updated its guidance to local health departments on the definition of a COVID-19 outbreak. The new definition changes the timeframe for...more

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