Top 3 Employee Mobility and Restrictive Covenant Issues to Watch For in 2021

With 2020 finally in our rearview mirror, we can begin to look ahead to a promising and prosperous 2021. As the cloud of COVID-19 starts to lift (thanks to several vaccines), we expect employers will slowly begin to reopen their offices, employees will travel more, and the job market may revert back to the low unemployment levels that predated the onset of COVID-19 in March 2020. The ever-changing landscape of restrictive covenants certainly could affect all of this employment-related activity, including non-competes and non-solicits. Here are our early predictions for the Top 3 hot-button issues to look out for in the coming year.

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COVID-19: Negative Test Result Must Be Shown by All Travelers to England

The British government continues to ramp up travel precautions following the identification of a new, highly transmissible coronavirus strain. Starting next week, all international travelers arriving in England, including U.K. nationals, will be required to present a negative COVID-19 test taken up to 72 hours before travel.

For the full alert, visit the Faegre Drinker website.

Employer Beware: New California Employment Laws for 2021

Among the lasting 2020 impacts of fires, politics and COVID-19, is increased regulation of California employers. More than 563 bills introduced in the last California legislative session mention “employer,” compared to about 300 bills in 2019. While most bills stalled in the Legislature, many were signed into law by Gov. Gavin Newsom, bringing more rules and risks for employers in our state, dealing with workplace safety; sick leave; workers’ compensation; diversity and discrimination; worker classification and wages; privacy; employee leaves; and settlements.

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CDC: All Air Passengers Traveling From the U.K. to the U.S. Must Have Proof of a Negative COVID-19 Test

In a bid to help contain the new coronavirus strain found in the U.K., the Centers for Disease Control and Prevention (CDC) issued an order requiring proof of a pre-departure, negative COVID-19 test result for all airline passengers — including U.S. citizens and lawful permanent residents — traveling from the U.K. to the U.S. The order officially went into effect on December 27, 2020.

For the full alert, visit the Faegre Drinker website.

EEOC Guidance Regarding COVID-19 Vaccinations

Last week, the United States Equal Employment Opportunity Commission (EEOC) firmed up its guidance to employers regarding mandatory COVID-19 vaccinations. Subject to certain restrictions and potential accommodation requests, the EEOC’s position is that employers may require employees to be vaccinated before returning to the workplace. Still, employers considering administering the vaccine, either directly or through a third party, should proceed with caution.

For the full alert, visit the Faegre Drinker website.

Practical Tips for Complying With New Cal/OSHA Emergency COVID-19 Standards Increasing Employer Obligations

Exclusion from work, paid time off and rigorous testing requirements. These issues and more came to a head for California employers on November 30, 2020, after the California Office of Administrative Law adopted the California Department of Industrial Relations’ Division of Occupational Safety and Health’s (Cal/OSHA) emergency temporary standards. While many California employers have already implemented COVID-19 plans fulfilling previous requirements for reopening under state and local government orders, the new Cal/OSHA standards vary significantly from what businesses have likely executed to date. We examine the highlights as well as which internal policies and processes affected employers should revisit.

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