The Chartwell Chronicles: Occupational Exposure Claims
What Employers Need to Know About NY HERO Act Updates
Podcast: OSHA's Permanent COVID-19 Standard and Enforcement Blitz - Diagnosing Health Care
#WorkforceWednesday: Biden Seeks to Boost Competition, HERO Act Guidance, and Key Nominees Advance - Employment Law This Week®
#WorkforceWednesday: Evolving Pandemic Regulations, Overtime Rule Under Review, ACA Upheld - Employment Law This Week®
Texas House Passes Pandemic Liability Protection Act
#WorkforceWednesday: NY Travel Advisory Changes, CA’s COVID-19 Exposure Notice, Executive Order Reversals - Employment Law This Week®
Workers’ Compensation Academy: New Jersey, an Update on COVID-19 and its Impact on Workers’ Compensation
Estate of Alfredo Pabatao, et al. v. Palisades Med. Ctr., et al., No. A-1740-22 (Apr. 24, 2024) - The plaintiffs had filed a complaint for survival and wrongful death against the defendants, asserting the defendants caused...more
This week the 3rd Department released four new cases with a particular focus on psychological injuries. Learn more below. First is Anderson v. City of Yonkers, the 3rd Dept. examined the way the Board reviews psychological...more
Hudson v. Beebe Medical Center, S23A-10-002 NEP, 2024 WL 36063 (Del. Super. Jan. 3, 2024). Ms. Hudson worked as a front-line nurse for the employer on its COVID-19 floor in the Fall of 2020. She contracted COVID at some...more
It has been almost exactly four years since the COVID-19 pandemic changed the American working landscape. Many of us followed the Centers for Disease Control and Prevention (CDC) through multiple changes and guidance,...more
Matter of Fernandez v. NYCTA. CV-23-0309 - The 3rd Dept. affirmed the Board’s decision to disallow this COVID-19 death claim. In this case, it involved an essential worker in the early days of COVID-19. The decedent was a...more
California may be one of the last states standing with a workplace COVID-19 prevention rule in place — but Cal/OSHA just relaxed its related isolation and testing requirements for employers in light of recent public health...more
The California Supreme Court issued several important decisions in 2023 about issues such as COVID-19 take-home exposure and arbitrating Private Attorney General Act (PAGA) claims. Employers should continue to be aware of...more
Fowler v. Perdue Farms, 2023 WL 6888918 (Del. Super. Oct. 18, 2023) - Mr. Fowler alleged that he suffered a compensable COVID-19 exposure while working as a “boxer” at a poultry processing plant. The Industrial Accident Board...more
It’s the season of football, fall foliage, and unfortunately, the flu. As the temperatures dip and boxes of tissues begin to fly off the shelves, it’s time for employers to prepare to meet the challenges of cold and flu...more
On July 6, 2023, the California Supreme Court issued a unanimous decision in Kuciemba v. Victory Woodworks, Inc., No. S274191, 2023 WL 4360826 (Cal. July 6, 2023), limiting the scope of employer liability to third parties in...more
Answering certified questions from the Ninth U.S. Circuit Court of Appeals, the California Supreme Court found that public policy precluded holding an employer liable where an employee’s spouse suffered from COVID-19...more
California courts recently issued two guiding decisions relating to COVID-19: In Thai v. International Business Machines Corp., 2023 Cal. App. LEXIS 526, the Court of Appeal held that a government mandate to work from...more
The California Supreme Court held this month that employers do not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members. Kuciemba v. Victory Woodworks, Inc., S274191 (July...more
The Supreme Court of California recently held that the California Workers’ Compensation Act (WCA) does not bar an employee’s spouse from bringing a negligence claim against the employer where the employee contracts COVID-19...more
The California Supreme Court held last week that a California employer does not owe a duty of care to prevent the spread of COVID-19 to members of an employee’s household. In a unanimous decision, Kuciemba v. Victory...more
The California Supreme Court in Kuciemba v. Victory Woodworks, Inc was asked to rule on two questions by the 9th Circuit: 1. If an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, causing...more
Seyfarth Synopsis: The California Supreme Court unanimously held that while claims brought by an employee’s spouse for COVID injury are not barred by the Workers’ Compensation Act’s (WCA) exclusivity provision, policy...more
Seyfarth Synopsis: After a lengthy delay due in part to the COVID-19 pandemic, Cal/OSHA has published its proposed indoor heat illness prevention standard. After the publication, there is a 45-day comment period, ending at...more
Effective February 3, 2023 and in place until February 3, 2025, Cal-OSHA’s Non-Emergency Regulations direct all employers to continue to follow certain COVID-19 guidance. As a result, employers should vigilantly monitor the...more
Download PDF On December 15, 2022, the California Occupational Safety and Health Standards Board voted to adopt non-emergency COVID-19 prevention regulations (“New Regulations.”) The New Regulations, which went into effect...more
On February 3, 2023, California’s Office of Administrative Law approved Cal/OSHA’s COVID-19 Non-Emergency Regulation (NER). The NER is now the operative COVID-19 regulation for most California employers. Cal/OSHA also...more
On December 28, 2022, New York Governor Kathy Hochul signed into law Senate Bill 9450, which added new enforcement provisions to the New York Health And Essential Rights Act’s (NY HERO Act) workplace safety committee...more
On December 15, 2022, the California Occupational Safety and Health Standards Board (Cal/OSHA) voted to adopt COVID-19 Prevention Non-Emergency Regulations (Non-Emergency Regulations). Approval by the Office of Administrative...more
On December 31, 2022, the Cal/OSHA Emergency Temporary Standards (ETS), as previously summarized, expire after being in place since November 2020. On December 15, 2022, the California Occupational Safety & Health Standards...more
For the last two years, California employers have been subject to the careful eye of Cal/OSHA and its COVID-19 Emergency Temporary Standards (or “ETS”). Yesterday, the Standards Board finally voted to adopt a new,...more