As we have previously discussed, Luxembourg has developed solutions with its neighboring nations to ease the economic burden of the COVID-19 pandemic on workers. Specifically, Luxembourg authorities worked with their counterparts in Belgium, France and Germany to develop measures to minimize workers’ tax and social security concerns and implications when cross-border workers telework.
Continue reading “Luxembourg Again Extends Cross-Border COVID-19-Related Agreements with Belgium”
As jurisdictions across the world grapple with the effects of the more infectious delta variant, many governments either have taken or are considering more restrictive measures to reduce infection rates and community spread of COVID-19. As we have previously discussed, France is a country that has taken a tougher stance on encouraging COVID-19 vaccinations and has even required employees in certain sectors and industries, in accordance with Article 12, I, of the Law n°2021-1040, to receive a vaccination. The French government also recently introduced the Pass Sanitaire (i.e., health pass). Now, the French Data Protection Authority (“CNIL”) has provided guidance on employers’ obligations regarding collecting health pass information and COVID-19 vaccination data.
A divided three-judge panel of the Ninth Circuit Court of Appeals vacated the January 2020 preliminary injunction against enforcement of Assembly Bill 51 (AB 51), and upheld portions of the law that prohibited employers from making arbitration agreements a condition of employment. As a result of this decision, the Ninth Circuit has resurrected California Labor Code § 432.6, that bars businesses from requiring workers to arbitrate job-related claims. However, the court invalidated portions of AB 51 imposing civil and criminal penalties for mandating arbitration in violation of § 432.6.
As we previously highlighted, on May 29, 2020, the Province of Ontario enacted Ontario Regulation 228/20, Infectious Disease Emergency Leave (IDEL Regulation), under the Employment Standards Act, 2000 (ESA). The IDEL Regulation retroactively reclassified any temporary layoff that occurred during the COVID-19 Period as an infectious disease emergency leave (IDEL). On June 4, 2021, the Ontario government amended the IDEL Regulation to define the “COVID-19 Period” as the period between March 1, 2020, and September 25, 2021. As a result of this extension, nonunion employees with reduced or eliminated work hours due to the COVID-19 pandemic were considered not to be on layoff under the ESA, but instead continue on deemed IDEL.
Now, as the COVID-19 pandemic lingers and continues to affect employers and employees, especially in light of the delta variant, on September 16, 2021, the Ontario government extended the temporary relief measures from the termination and severance provisions of the ESA until January 1, 2022. As such, the temporary measures found in the IDEL Regulation have been amended to define the “COVID-19 Period” as the period beginning on March 1, 2020 and ending on January 1, 2022.
We summarized the Ontario temporary relief measures in our prior blog post and have highlighted and updated our analysis here.
The Safer Federal Workforce Task Force published guidance last week requiring certain federal contractors to implement COVID-19 safety measures. Most notably, the guidance directs federal contractors to ensure their employees are vaccinated and expands the directive to apply beyond employees directly or indirectly servicing federal contracts.
On August 26, 2021, the New York State Department of Health’s Public Health and Health Planning Council approved temporary emergency regulations implementing a COVID-19 vaccine mandate for personnel in all entities licensed under Article 28 of the Public Health Law (including nursing homes, hospitals, and diagnostic and treatment centers), home care agencies licensed or certified under Article 36, hospice programs licensed under Article 40 and adult care facilities licensed under Article 7 of the Social Services Law. Notably, the final version of the approved emergency regulations removed the religious exemption that was present in the initial proposed version. As a result, health care workers were required to receive their first dose of a COVID-19 vaccine by September 27 — and personnel at other covered entities to receive their first dose of a COVID-19 vaccine by October 7 — unless a medical exemption is granted. On September 13, 2021, several doctors and nurses who allege that their sincere religious beliefs compel them to refuse COVID-19 vaccination, filed suit (Dr. A, et al. v. Kathy Hochul, et al.) claiming the New York State Department of Health’s failure to recognize religious exemptions to the COVID-19 vaccine mandate is unconstitutional. Plaintiffs sought a temporary restraining order and preliminary injunction enjoining the Department of Health from enforcing the mandate.