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Coronavirus and the Workplace: Is Your Business Prepared?

The outbreak of the novel coronavirus (COVID-19) implicates numerous legal obligations for employers, including leave, medical privacy, and discrimination. Employers should prepare to implement policies that strike a balance between ensuring safety and fostering productivity. Below we address several key issues and suggest legal and practical guidelines. Encourage Sick Workers to Stay Home, Being Flexible With Sick Leave and Telecommuting Policies When Necessary The Center for Disease Cont...
Tags: Business, California, Cdc, Management, Right Now, EEOC, PTO, HIPAA, Center for Disease Control and Prevention CDC, Equal Employment Opportunity Commission EEOC, Dmytro Zinkevych Shutterstock, ADA California Constitution HIPAA, EEO CDC


United States: COVID-19 For Employers: Pay, PTO And Sick Leave - Womble Bond Dickinson

Exempt and Non-exempt employees should be allowed to take leave in accordance with state law and FMLA policies
Tags: News, United States, PTO, FMLA, Womble Bond Dickinson


Tesla email reveals two employees have tested positive for COVID-19

Two Tesla employees, who had been working at home for nearly two weeks, have tested positive for COVID-19, according to an internal email sent Thursday morning by the company’s head of environmental, health, and safety department and viewed by TechCrunch . The employees were not symptomatic in the office, and both are quarantined at home and recovering well, according to the email from Tesla’s EHS department head Laurie Shelby. Their co-workers, who were already working from home for nearly...
Tags: TC, Twitter, Spacex, Elon Musk, New York, Email, California, Cars, Tech, Tesla, Supply Chains, Ceo, Automotive, United States, Transport, Buffalo


Leaked email reveals 2 Tesla employees have tested positive for COVID-19 (TSLA)

Two Tesla employees have tested positive for COVID-19, according to an internal email sent on Thursday. The employees have been working from home for about two weeks and didn't show symptoms while in the office, the electric-car maker said. Tesla has not previously disclosed any instances in which employees have tested positive for COVID-19. Visit Business Insider's homepage for more stories. Two Tesla employees have tested positive for COVID-19, the disease caused by the novel coronavirus, L...
Tags: California, China, US, Trends, Tesla, TSLA, World Health Organization, Buffalo, Louisiana, North America, Musk, Gavin Newsom, Shelby, PTO, Workman, Tesla CEO Elon Musk


Tesla workers say they've been left confused, scared, and frustrated as the coronavirus spreads rapidly through the US (TSLA)

Nine Tesla employees criticized the company's response to the novel coronavirus in interviews with Business Insider. They said Tesla has been slow to act and hasn't done as much as it can to keep workers safe. Tesla has closed its California car plant and New York solar roof-tile factory, but has left its Nevada battery factory open, as well as at least some of its stores and service centers. Tesla did not respond to a request for comment on this story. Visit Business Insider's homepage for mo...
Tags: Elon Musk, New York, California, US, Trends, Tesla, Nasa, Nevada, North America, East Coast, Musk, Business Insider, Midwest, FREMONT, PTO, Workman


Shorter Workday Concept for Employee Retention | Marketing Automation

Marketing automation has played a significant role in making our time at work more efficient. This is not a revolutionary or surprising statement – after all, it’s not hard to imagine that technology capable of automating repetitive tasks would be a time saver.  What once took days now takes hours, and what once took hours now takes minutes. The revolution is that organizations are using the time that platforms like marketing automation have given them to rethink their workplace culture. Co...
Tags: Productivity, Marketing, New York Times, New Zealand, Wall Street Journal, Pareto Principle, Tim Ferriss, Marketing Automation, Employee Retention, MetLife, Ferris, PTO, Inc, Auckland University of Technology, Perpetual Guardian, Shorter Workday


Coronavirus Aid, Relief, and Economic Security (CARES) Act and the USPTO

The $2 trillion stimulus and economic rescue bill known as the CARES Act is moving forward in the Senate.  Although not generally a key aspect of the legislation, the current proposal on the table includes temporary authority for the USPTO Director to “toll, waive, adjust, or modify, any timing deadline” established by the patent or trademark laws or by prior PTO regulation.  In order to take action, the director must determine that the COVID-19 National Emergency: (1) materially affects the fu...
Tags: Law, Senate, Office, Wipo, Patent, Trump, PTO, Trademark Office, PTAB, Dir Iancu, National Emergency, Office Here


Daily Crunch: Senate and White House reach stimulus deal

A $2 trillion stimulus package is moving forward in the United States, Google Podcasts comes to iOS and ClassPass offers livestreamed fitness classes. Here’s your Daily Crunch for March 25, 2020. 1. Senate, White House reach deal on $2 trillion stimulus package to lessen COVID-19’s economic impact After five days of negotiations, Senate leaders and the Trump administration said early this morning they have reached a deal on a $2 trillion stimulus package to help relieve the economic impact of CO...
Tags: Google, Amazon, Facebook, Senate, White House, Tech, Policy, Chicago, United States, House Of Representatives, Second Life, Financial Times, Trump, Reliance Jio, PTO, Linden Lab


Amazon issues COVID-19 guidelines, as cases are reported in multiple US fulfillment centers

For many across the world, online retail services like Amazon have become a lifeline, as the COVID-19 pandemic forces self- and government-imposed isolation. Warehouse employees and gig workers have become a key frontline in the effort to socially distance, all while risking their health to do so. At last count, workers at at least six Amazon facilities have tested positive for COVID-19, spanning much of the country east of the Rockies. The first case cropped up in a Queens, NY facility, fol...
Tags: Health, Amazon, US, Tech, Jeff Bezos, Oklahoma, Staten Island, Rockies, Queens NY, PTO, New England Journal, Coronavirus, COVID-19, Kentucky Florida Texas Michigan


Days after laying off 20% of its workforce, Brookfield-backed Convene furloughs more than half of remaining employees due to coronavirus closures

Convene, the Brookfield-backed shared-spaces company, furloughed 421 employees on Monday, Business Insider has learned. This comes days after Convene laid off 140 employees. The furloughed employees represent more than half of remaining workers. A spokesperson confirmed Convene will pay both its usual portion and furloughed employee's portions of their health insurance plans through August or the end of the furlough, depending which comes first.  Four months ago, Convene CEO Ryan Simonetti had...
Tags: New York, London, US, Trends, Switzerland, Brookfield, Airbnb, Financial Times, Bain Capital Ventures, Business Insider, PTO, Sonder, Lyric, Simonetti, Leon Black, IWG


Amazon warehouse workers organized to demand PTO and coronavirus clinched it

Amazon never tires of explaining how great it is to work at one of its warehouses, but as usual the actual employees tell a different story. This particular group of Chicago workers was fed up with the company failing to provide paid time off or vacation it promised to part-time workers. They organized; Amazon resisted; And at last, the coronavirus acted as tiebreaker. It’s an interesting first-hand story from workers being exploited by a business and working to change that —  I say exploited...
Tags: Amazon, Ecommerce, Labor, Sacramento, Tech, Indiana, Chicago, PTO, Amazonians United


Respect for Judgment: Challenging the Federal Circuit’s Unique Finality Rule

by Dennis Crouch My Civil Procedure class at Mizzou is now “Online Civil Procedure.”  The final topic in the course will be “respect for judgments.” A basic setup of our  legal system is to offer substantial justice — giving all parties due process including an opportunity to be heard and judged by an impartial tribunal.  Once that process is complete, the result is then seen as final and further challenges regarding the same issues or claims are precluded. In patent law, the sense of finality ...
Tags: Supreme Court, Law, Court, AIA, Patent, Fed, U S Supreme Court, Peggy, District Court, Mizzou, PTO, Federal Circuit, Patent Trial and Appeal Board, Dennis Crouch, PTAB, XY LLC


Coronavirus Update 3-23-2020: Frequently Asked Questions about Ohio’s “Stay at Home” Order

Effective Monday, March 23, 2020, at 11:59 pm, and continuing through at least April 6, the State of Ohio, via an order of Dr. Amy Acton, Director of the Ohio Department of Health, has closed  all non-essential businesses to help combat the spread of COVID-19. Governor DeWine stated that he would reevaluate the April 6 end date as necessary. These closures are mandatory. A copy of the Order is available here. To help answer your most pressing questions about how this Stay at Home Order impact...
Tags: Post, Law, Ohio, State, PTO, DeWine, Ohio Department of Health, Jon Hyman, Jon Tyson, Transportation Home, Amy Acton, COVID, Department of Homeland Security Stores


Wall Street WFH; BlueCrest cuts PMs; wealth managers in uncharted territory

  Welcome to Wall Street Insider, where we take you behind the scenes of the finance team's biggest scoops and deep dives from the past week.  If you aren't yet a subscriber to Wall Street Insider, you can sign up here. The new WFH reality (for some) Local governments across the US are moving to keep people inside to combat the spread of coronavirus, and many non-essential businesses are closing to customers. Wall Street quickly ditched its rotating, color-coded teams for many. Bank of America...
Tags: US, Trends, Bank Of America, Brookfield, Goldman Sachs, WeWork, Sap, BlueCrest, Bridgewater, Citadel, PTO, Charles Schwab, Sonder, Ken Griffin, Seth Klarman, Ray Dalio


Brookfield-backed Convene just laid off 20% of its workforce as the coronavirus upends the flex-space and events industries

Convene, the Brookfield-backed shared spaces company, just laid off 150 employees, Business Insider has learned. The company will also furlough an unspecified number of operations staff. Four months ago, Convene CEO Ryan Simonetti told Business Insider he planned to add up to 500 employees in 2020 to the company's 900-person staff. Convene had raised $260 million in funding, including a $152 million Series D round of funding this summer that included investors ranging from asset management gia...
Tags: London, US, Trends, Switzerland, Brookfield, Financial Times, Signal, Business Insider, PTO, Simonetti, Leon Black, The New York, IWG, Ryan Simonetti, New York Convene


Brookfield-backed Convene just laid off 20% of its workforce as the coronavirus upends flex-space and events industries

Convene, the Brookfield-backed shared spaces company, just laid off 150 employees, Business Insider has learned. The company will also furlough an unspecified number of operations staff. Four months ago, Convene CEO Ryan Simonetti told Business Insider he planned to add up to 500 employees in 2020 to the company's 900-person staff. Convene had raised $260 million in funding, including a $152 million Series D round of funding this summer that included investors ranging from asset management gia...
Tags: London, US, Trends, Switzerland, Brookfield, Financial Times, Signal, Business Insider, PTO, Simonetti, Leon Black, The New York, IWG, Ryan Simonetti, New York Convene


The coronavirus workplace: Law, leave and pay issues

Answers to key workplace questions coronavirus is bringing up from Sara Boyns a lawyer with Fenton & Keller in Monterey.  Question:  I own a small business that is heavily impacted by the COVID-19 situation.  What are my obligations to my employees? Answer: Business owners and employees are feeling the severe economic impact caused by the cancellation of events, quarantines, shelter in place, and social distancing. As of March 17, here are some  common questions and answers related to leave and ...
Tags: Business, Jobs, California, Sport, Soccer, Monterey, PTO, 116th Congress House, Coronavirus, Sara Boyns, Fenton Keller


Tesla orders factory workers to come to work in spite of shelter in-place directive

Tesla will continue to keep its Fremont, Calif., factory open for production, because it has had “conflicting guidance from different levels of government” over whether it could operate during a shelter-in place order in Alameda County, according to an email sent to employees Wednesday by the company’s human resources department. The human resources department told employees to come to work if their job is to produce, service, deliver or test its electric vehicles, in spite of an order from Alam...
Tags: TC, Cdc, Washington, Tech, Tesla, Automotive, Fca, Honda, FREMONT, PTO, UAW, GM Ford, United Auto Workers, Fremont Calif, Alameda County, COVID


Leaked email reveals Tesla employees have to use PTO to get paid if they're staying home because they're sick, scared of the coronavirus, or unable to work (TSLA)

Tesla is continuing production at its California car factory, Valerie Workman, the company's head of HR for North America, said in an internal email on Wednesday. Alameda County had suggested on Tuesday that Tesla might have to stop production at the facility as part of an order that nonessential businesses cease most activity. Workers who stay home because they're sick, unable to work, or worried about the coronavirus have to use paid time off (PTO) to continue getting paid, Workman said. Tes...
Tags: Elon Musk, California, Cdc, China, US, Trends, Tesla, Shanghai, Beverly Hills, TSLA, World Health Organization, Jeff Bezos, Musk, FREMONT, PTO, Workman


Relief Available to Patent and Trademark Applicants, Patentees and Trademark Owners Affected by the Coronavirus Outbreak

The United States Patent and Trademark Office (USPTO) considers the effects of the Coronavirus outbreak that began in approximately January 2020 to be an “extraordinary situation” within the meaning of 37 CPR 1.183 and 37 CPR 2.146 for affected patent and trademark applicants, patentees, reexamination parties, and trademark owners. Patent applicants will be able to file a petition to revive and the PTO will waive the fee for those “who were unable to timely reply to an Office communication due ...
Tags: Law, Patent, PTO, United States Patent and Trademark Office USPTO


Argument preview: Is “Booking.com” generic for online hotel reservation services?

U.S. Patent and Trademark Office v. Booking.com raises the question whether a business can create a registrable trademark by combining an unprotectable generic term with a generic top-level domain name like “.com.” Trademarks and service marks are words or symbols that communicate the source of goods and services. The Lanham Trademark Protection Act provides rules for registering trademarks and for protecting both registered and unregistered marks. The law bars trademark protection for gener...
Tags: Featured, Supreme Court, Law, 9th Circuit, PTO, U S Court of Appeals, Goodyear, Trademark Office, U S Patent and Trademark Office, 4th Circuit, Merits Cases, Goodyear s India Rubber Glove, Goodyear Rubber Co, U S Courts of Appeals for the Federal Circuit, Booking Inc


Supreme Court Postpones Oral Arguments

The Supreme Court has postponed oral arguments for its upcoming March session.  This includes two IP cases: PTO v. Booking.com (Can .COM transform an otherwise generic term into a protectable trademark?) Google v. Oracle (Is a software interface [an the JAVA API] protectable by copyright?) The Federal Circuit’s next oral arguments are in April and so the court can delay any particular decision on the issue.  If you have a case before a district court judge or PTAB, check with your judges an...
Tags: Google, Supreme Court, Law, Java, Oracle, Patent, PTO, Federal Circuit


AIA Patents Update

The chart above should be no surprise. Most pending applications before the PTO are now post-AIA patent applications. These are applications that were filed on or after March 16, 2013 and don’t claim priority to any prior patent filing. Note here that the PTO does not appear to enter the final AIA-status for some new applications filed with missing parts and so the numbers for the recently published cases may shift somewhat. The bulk of U.S. patents issue within four years of their priority f...
Tags: Law, AIA, Patent, PTO


Proving Unintentional Delay

The UPSTO has published a new Federal Register notice titled “Clarification of practice for revival, reinstatement, and delayed priority petitions.” Here, the PTO is explaining that it is going to require patent applicants to submit “additional information” to explain its claim of “unintentional” delay in meeting a particular deadline.  Additional information will be required by the PTO when: a petition to revive an abandoned application is filed more than two years after the date the applicati...
Tags: Law, Uspto, Patent, PTO, UPSTO, Fed Reg Notice


The Many Mistakes in the Panel Decision in GS CleanTech Corp v. Adkins

By David Hricik, Mercer Law School Over on the main page, Dennis has written up GS CleanTech Corp. and Cantor Colburn LLP v. Adkins Energy LLC (Fed. Cir. 2020) [Fed Cir Decision][DCT Decision] (does Dennis ever sleep?), which affirms a holding of inequitable conduct. That finding can ruin careers.  Dennis examined the merits: I want to examine the procedure used on appeal. (I’ve taught civil procedure for decades now, and served as a clerk on the court a few years ago… this case is in need of co...
Tags: Law, Ethics, Dennis, Fed, Becton Dickinson, PTO, Adkins, Hospira Inc, Therasense Inc, Medicines Co, Merus N, David Hricik Mercer Law, GS CleanTech Corp, Cantor Colburn LLP, Adkins Energy LLC Fed, Calcar Inc


“They Chose Advocacy over Candor”

GS CleanTech Corp. and Cantor Colburn LLP v. Adkins Energy LLC (Fed. Cir. 2020) [Fed Cir Decision][DCT Decision] The district court ruled against the patentee CleanTech — holding the four asserted patents unenforceable due to inequitable conduct during prosecution.  On appeal, the Federal Circuit has affirmed — particularly calling out the Cantor Colburn firm for its role. The basic issue here is that the bio-oil recovery invention (embodied by at least some of the claims) had been the subject ...
Tags: Law, Patent, Fed, District Court, PTO, Federal Circuit, Becton Dickinson Co, Barlage, Cantor Colburn, GS CleanTech Corp, Cantor Colburn LLP, Adkins Energy LLC Fed, See Therasense Inc, First the District Court, Agri Energy, USPTO Fourth the District Court


United States: The PTO's Valentine: Rule Changes For Email Addresses And Specimens - Stites & Harbison PLLC

Feb 14, 2020: Edit: Today the US PTO surprised everyone with a lovely Valentine. It revised the examination guide to note that applicants represented by counsel may provide
Tags: News, US, United States, PTO, Harbison PLLC


What Counts as a New Argument in Reply

Apple Inc. v. Andrea Electronics (Fed. Cir. 2020) After Andrea sued Apple for infringing its U.S. Patent 6,363,345 (noise cancelling audio signal processing), Apple responded with two inter partes review (IPR) petitions.  The PTO initiated both petitions and eventually cancelled all of the claims except 6-9.  Apple then appealed – asking that they all be invalidated. The invention sets noise-thresholds for a set of frequency groups and subtracts-out amplitude beyond a calculated “future minimum...
Tags: Apple, Law, Patent, Apple Inc, Fed, Andrea, Martin, PTO, Federal Circuit, Hirsch, IPR, Illumina Cambridge Ltd, PTAB, Intelligent Bio Sys Inc, Ariosa Diagnostics, Andrea Electronics Fed


Constitutionality of Administrative Patent Judges

The Federal Circuit has issued two recent Arthrex-related orders of note. In Arthrex, the Federal Circuit held that the appointment process for PTAB judges (Administrative Patent Judges) violates the Appointments Clause of Article II of the U.S. Constitution.  According to the court, these Judges are “principal officers” and thus must be appointed by the President of the United States (rather than merely the head of the Commerce Dep’t).  I explained in a prior post that the court also “issued a ...
Tags: Law, Congress, United States, Commerce, Uspto, Patent, Fed, Hughes, PTO, Federal Circuit, Wallach, Fed Cir, PTAB, Arthrex, Commerce Dep, PTAB IPR


Board Question #92886: I'm looking for a fully-benefited job that doesn't require me ...

Q: Dear 100 Hour Board,I'm looking for a fully-benefited job that doesn't require me to spend most of my life at work (even if it doesn't pay a lot)I currently work full time in a technical field at BYU. Depending on your position and years of work at BYU you can earn anywhere between 12 vacation days + 12 sick days, up to 22 vacation days + 12 sick days. (Sick days cannot be used as vacation days). There are also 12 paid holidays.So, a grand total of 36-46 days off, 12 of which can be used fo...
Tags: Utah, America, BYU, Bfa, Alta, PTO, ARL, Ol Davie O Mckay, Dear McKay, Licensure ARL