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COVID-19Blog Posts

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Returning to Work After Testing Positive for COVID-19

With the increase in COVID-19 cases in California and across the nation, employers are faced with a number of new challenges in the workplace, one of which is determining when employees may return to work after they have tested positive for the virus. Unfortunately, there have been mixed messages from state and federal authorities on... Continue Reading…
August 28, 2020

USCIS EAD Mailing Expected under Approved Consent Order

The Consent Order and Final Statement (Order) in Subramanya v. USCIS, the case seeking the agency’s issuance of long-delayed Employment Authorization Documents (EADs), has been signed and issued. Under the Order, approximately 75,000 identified, delayed EADs are expected to be produced and mailed. The Order includes individuals who have EAD approval notices dated from December... Continue Reading…
August 27, 2020

California Compliance Deadline for Harassment Prevention Training Still Set for January 1, 2021

In 2018, California law extended anti-harassment training requirements to employers with 5 employees or more and mandated that non-supervisors also receive such training, in addition to supervisors. The original deadline for completion of that training was January 1, 2020.  Current California law requires employers with 5 or more employees to provide one (1) hour of... Continue Reading…
August 27, 2020

Local Ordinance, Massive Implications: Sonoma County Supplemental Paid Sick Leave

Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the “Sonoma Ordinance”), which took effect immediately and sunsetting on December 31, 2020.  The Sonoma Ordinance brings sweeping changes to businesses in unincorporated... Continue Reading…
August 25, 2020

Relaxed H-2A Rules Continue

Due to the continuation of the COVID-19 national emergency, the Department of Homeland Security (DHS) has decided to continue its temporary loosening of H-2A rules to make it easier to employ temporary, seasonal agricultural workers. Under the rule: Employers can continue to petition to employ foreign workers who are already in the U.S. in H-2A... Continue Reading…
August 21, 2020

I-9 Interim Rule Allows Approved Foreign Nationals to Begin Working

USCIS is in the process of entering a Consent Order to produce, on a specific schedule, Employment Authorization Document (EAD) cards for those 75,000 foreign nationals who have approved employment authorization applications but have been waiting for inordinate amounts of time for the cards themselves.  Without the cards, these foreign nationals have not been able... Continue Reading…
August 21, 2020

USCIS to Resume Issuing EADs, But Face Backlog

USCIS may be close to negotiating an agreement that would mean EADs for thousands of foreign nationals with approved applications will finally start to be produced. Yet, first-time EAD applicants who are in H-4 or L-2 status may still face impediments. In March, when the COVID-19 crisis began and USCIS offices closed, the Application Support... Continue Reading…
August 20, 2020

Washington Governor Creates COVID-19 Food Production Workers Paid Leave Program

Under the Washington COVID-19 Food Production Workers Paid Leave Program, no food production employer in Washington may operate from August 18, 2020, to November 13, 2020, unless the employer provides its workers with paid leave for certain qualifying events. The Program was created by Governor Jay Inslee under Proclamation 20-67. Read the full article here.  Read... Continue Reading…
August 20, 2020

Remote Virtual Verification Continues for I-9 Compliance During COVID-19 Pandemic

ICE has announced it is extending the remote virtual verification option for completion of I-9 employment verification an additional 30 days, until September 19, 2020, due to continued precautions related to the COVID-19 pandemic. Pursuant to the original guidelines for virtual verification, eligible employers may continue to inspect Section 2 documents without an actual in-person... Continue Reading…
August 19, 2020

Reimbursements and Remote Work 101

In March 2020, many employers suddenly found themselves managing a mostly remote workforce due to COVID-19. As the pandemic stretches on, some businesses remain remote because of necessity, while others are considering the many advantages of a remote workforce. As employees continue teleworking, employers should familiarize themselves with the requirements for reimbursement under California law.... Continue Reading…
August 18, 2020