Immunity Tests Are Dangerous Territory for Employers

June 19, 2020, 6:00 PM

Here are the day’s top coronavirus stories from the team at Bloomberg Law:

  • IMMUNITY TESTS: Employers weighing whether to require Covid-19 antibody tests as part of their return-to-work plans received a powerful warning from the EEOC that the newly developed tests could give rise to a novel form of discrimination—reinforcing the counsel of a growing body of lawyers and civil rights advocates.
  • NETFLIX TAX: The city of Evanston, Ill., recently joined its much larger southern neighbor, Chicago, expanding the reach of its amusement tax ordinance to take advantage of surging consumer demand for movies on Netflix, music on Spotify, and gaming on PlayStation Now. Illinois cities following Evanston’s lead could be placing themselves in legal jeopardy, said Stephen Kranz, a partner in the Washington office of McDermott Will & Emery LLP.
  • REOPENING GUIDANCE: As businesses reopen, employers should be developing and implementing procedures for monitoring the health of their workers and preventing infections, OSHA said in new guidance. Employers should consider limiting the number of people in the workplace during the first phase in order to maintain strict social-distancing practices, such as staying at least six feet apart, the guidance said.

Editor’s Top Picks

Chembio Investors Sue After FDA Questions Covid Antibody Test
Chembio Diagnostics Inc. allegedly misled investors by claiming its coronavirus antibody test was “100% accurate” when it wasn’t, according to a would-be class complaint filed in New York federal district court.

Iowa Governor Signs Bill Protecting Businesses in Virus Lawsuits
Iowa Gov. Kim Reynolds on Thursday signed into law a bill that gives businesses liability protections against being sued for exposing employees and customers to Covid-19.

Match, Bumble End Litigation Over Dating App Patents, Trademarks
Tinder owner Match Group LLC and the makers of competing dating app Bumble jointly agreed to dismiss a Texas federal court case in which Match accused Bumble Trading Inc. of infringing its dating-app patents and trademarks. In April, Match accused Bumble of exploiting the Covid-19 crisis in an attempt to postpone the case until the Patent Trial and Appeal Board could rule on its request to invalidate the patents.

Companies Test-Driving Autonomous Delivery Vehicles During Virus
The Covid-19 pandemic has nudged some U.S. companies into taking autonomous vehicles for a test drive in new ways.

Aeromexico Weighs U.S. Bankruptcy Filing Amid Travel Collapse
Grupo Aeromexico SAB is considering a Chapter 11 bankruptcy filing in the U.S. as the coronavirus pandemic ravages the airline industry, said a person familiar with the matter.

Kentucky Virus Unemployment Seekers Face ‘Bread Lines’ for Aid
Hundreds of Kentuckians seeking unemployment insurance compensation are waiting in daylong lines to speak with a state worker to address claims lingering since March due to an overwhelmed call center and 20-year-old software system.

Arizona: State Secretary Won’t Properly Defend Ballot Law
The state of Arizona has asked to join a lawsuit challenging election rules that allegedly don’t allow mail-in voters to cure unsigned ballots after Election Day in November, telling the District of Arizona that the secretary of state likely won’t defend the state’s interests.

Shopify, BlackBerry Team on App With Canada at Covid Milestone
Canada is partnering with Shopify Inc. volunteers and BlackBerry Ltd. on a contact tracing application for Covid-19 as cases in the country breached 100,000.

Returning to Offices Could Cost $18,000 Per Banker
After three months in lockdown, Wall Street is getting ready to go back to the office. But keeping the workplace virus-free isn’t going to be cheap.

Mintz’s Frank Earley Leaves Work at the Door
Bloomberg Law spoke to Frank Earley, a litigator at Mintz Levin in New York, about escaping to his car to argue cases, addressing clients’ changing needs, and relaxing in his backyard.

INSIGHT: Charting a Path to Remote Work Compliance Under FINRA Rules
A recent notice and FAQs from FINRA gives compliance officers with remote workforces broad insights into the agency’s approach to remote work and supervision risks, which will be increasingly important given that remote work arrangements are likely here to stay, says Marc Gilman, general counsel and vice president of compliance at Theta Lake.

Click here for updates on how federal courts are operating during the pandemic.

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Editor’s Note: The Bloomberg Law news team has been closely covering the legal, regulatory, business, and tax implications of the coronavirus pandemic. This daily email highlights the top stories of the day, across practice areas. To unsubscribe, please adjust your Bloomberg Law newsletter settings. For assistance, contact our help desk at 888-560-2529 or help@bloomberglaw.com.

To contact the reporter on this story: Molly Ward in Washington at mward@bloomberglaw.com

To contact the editor responsible for this story: Meghashyam Mali at mmali@bloombergindustry.com

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