As summarized in a previous GT blog post, California’s Blueprint for a Safer Economy established criteria for easing and tightening restrictions on the activities of California residents and businesses based on counties’ Coronavirus Disease 2019 (COVID-19) infection rates. When the system took effect initially on Aug. 31, the state assigned each county one of four color-coded tiers – Widespread (purple), Substantial (red), Moderate (orange), or Minimal (yellow) – based on two factors: average daily case rate and test positivity rate. To move into a less restrictive tier, a county must meet the criteria for the less restrictive tier for the previous two weeks.

Effective Oct. 6, a third criterion took effect. The California Health Equity Metric is intended to reduce disparities of COVID-19 transmission in disadvantaged communities hardest-hit by the virus and is reportedly the first of its kind at the state level in the nation. The metric has two components.
Continue Reading The Carrot and the Stick: California Becomes First State in the Nation to Condition Business Reopening on Reduced COVID-19 Transmission in Disadvantaged Communities

On August 17, 2020, the Eastern District of New York granted the Plaintiffs’ request for a stay and a preliminary injunction precluding the U.S. Department of Health and Human Services
Continue Reading Department of Health and Human Services’ LGBTQ+ Discrimination Rule Blocked by Eastern District of New York

As employers continue to address the COVID-19 pandemic, they now face a new set of workforce challenges related to extreme weather and wildfires. Both are creating a challenging remote work environment due to: (1) recent evacuations; and (2) heat exposure risks linked to employees now forced to work in their homes with closed windows (and lack of proper air ventilation). Employers should consider preparing themselves for a further reduced workforce caused by such complications.
Continue Reading California Wildfires Increase Employer Concerns

On Friday, August 28, 2020, Governor Newsom unveiled the state’s new tiered system for identifying and reducing COVID-19 infection risks in each county. This new “blueprint” is aimed at reducing instances of COVID-19 by imposing revised criteria for both easing and tightening restrictions on the activities of California residents and businesses.

Under the new system, which goes into effect on Monday, August 31st and replaces the “County Monitoring List” approach, each county is assigned to one of four tiers – Minimal, Moderate, Substantial, or Widespread. These tiers are assigned based on the percentage of new daily cases and the percentages of positive tests.
Continue Reading California Revamps its Reopening Criteria for Businesses and Activities

Shortly after the United States Department of Labor (DOL) issued its Final Rule implementing provisions of the Families First Coronavirus Response Act (FFCRA), the state of New York filed suit


Continue Reading Federal Judge Grants NY’s Motion to Vacate FFCRA’s ‘Work Availability’ Requirement, Other Important Provisions of DOL’s ‘Final Rule’

On July 15, 2020, Virginia’s Safety and Health Codes Board (Board), the body that establishes Virginia Occupational Safety and Health regulations and standards, approved workplace safety regulations related to Coronavirus
Continue Reading Virginia Becomes First State to Adopt COVID-19-Related Workplace Health and Safety Standard

Reaffirming its confidence in the thought leadership and experience within Greenberg Traurig, LLP’s Labor & Employment Practice, the American Bar Association appointed a pair of the firm’s shareholders for key
Continue Reading Greenberg Traurig Labor & Employment Shareholders Selected for ABA International Employment Committee

Beginning July 6, Massachusetts will enter Phase 3 of the Four-Phase Reopening Plan. However, businesses located within Boston will have a delayed Phase 3 start date until July 13.
Continue Reading More Businesses Allowed to Reopen as Massachusetts Moves Into Phase 3 on July 6