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On Nov. 19, 2020, the California Occupational Health & Safety Standards Board unanimously adopted 21 pages of emergency Coronavirus Disease 2019 (COVID-19) safety regulations (Regulations). The Regulations are broad. They apply to all employees and places of employment except: (1) those places of employment with one employee who does not have contact with others; (2) employees working from home; and (3) employees covered by Title 8 of the California Code of Regulations, Section 5199 (e.g., health care facilities, facilities designed to receive persons arriving from a scene of hazardous substances, police services, public health services, labs reasonably anticipated to contain aerosol transmissible pathogens, and any other facility determined by OSHA to require the standards in Section 5199).

If adopted as written, the Regulations will require several new mandates, which are briefly summarized in this GT Alert.

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Photo of Lindsay E. Hutner Lindsay E. Hutner

Lindsay E. Hutner focuses her practice on employment law, with an emphasis on litigation matters. She represents clients in both federal and state courts, as well as before administrative agencies, defending companies in both class actions and single-plaintiff cases involving employment discrimination, harassment,

Lindsay E. Hutner focuses her practice on employment law, with an emphasis on litigation matters. She represents clients in both federal and state courts, as well as before administrative agencies, defending companies in both class actions and single-plaintiff cases involving employment discrimination, harassment, retaliation, wage and hour, unfair competition, enforcement of non-competes and other restrictive covenants, misappropriation of trade secrets, wrongful termination, and breach of contract.

To mitigate risk, Lindsay advises employers on all facets of employment relationships, including the design and implementation of employment practices and handbooks, proper employee classification, wage and hour concerns, family and medical leave, workplace investigations, risk assessment of harassment and discrimination claims, terminations, and various employment laws, including the California Fair Employment and Housing Act, California wage and hour laws, Business & Professions Code section 17200, Title VII of the Civil Rights Act of 1964, California Family Rights Act, the federal Family Medical Leave Act and the Fair Labor Standards Act.  She also conducts on-site trainings and workplace audits.   She also drafts all types of employment agreements, including executive employment contracts and severance and release agreements.

Photo of James Nelson James Nelson

James M. Nelson is Co-Chair of the firm’s Labor & Employment Practice’s ERISA & Employee Benefits Litigation group. He represents employers and ERISA plan fiduciaries in matters concerning ERISA compliance, fiduciary responsibility, collective bargaining, wage and hour, employee benefits, safety, discrimination, wrongful termination…

James M. Nelson is Co-Chair of the firm’s Labor & Employment Practice’s ERISA & Employee Benefits Litigation group. He represents employers and ERISA plan fiduciaries in matters concerning ERISA compliance, fiduciary responsibility, collective bargaining, wage and hour, employee benefits, safety, discrimination, wrongful termination, and other labor and employment issues. His experience includes complex litigation, class action defense, administrative proceedings, and appeals, as well as advice and counseling to ERISA plan fiduciaries of single-employer and multi-employer plans. He counsels clients on Occupational Safety and Health Administration (OSHA) matters including litigation as well as compliance, due diligence reviews, and safety and health audits. James has counseled clients in numerous industries, including construction, transportation, health care, hospitality, manufacturing, and publishing.

Photo of Tayanah C. Miller Tayanah C. Miller

Tayanah (“Tay”) Miller represents corporate clients in a variety of labor and employment matters, including complex wage and hour collective and class actions, traditional labor matters, discrimination and retaliation claims, wrongful termination lawsuits, and common law tort claims. She has defended clients in

Tayanah (“Tay”) Miller represents corporate clients in a variety of labor and employment matters, including complex wage and hour collective and class actions, traditional labor matters, discrimination and retaliation claims, wrongful termination lawsuits, and common law tort claims. She has defended clients in matters arising under the California Labor Code, the Fair Labor Standards Act, the National Labor Relations Act, the Fair Employment and Housing Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Fair Credit Reporting Act, and various other federal and state laws. She also maintains a robust employment counseling practice.

Tay has experience at all stages of litigation. She has managed and conducted factual investigations and discovery, drafted discovery and dispositive motions, argued motions, and developed trial strategies. She also has mediation, settlement, and trial experience.

During law school, Tay interned at the U.S. Department of Labor, Employment Benefits Security Administration where she helped administer the Voluntary Fiduciary Correction Program.