Monkeypox Fact Sheet for Food Industry Now Available

Cornell University’s College of Agriculture and Life Science and its Institute for Food Safety released a fact sheet last week about monkeypox for food industry employers.

According to the fact sheet, there are three key takeaways:

 • The monkeypox strain causing the current outbreak is much less deadly than COVID-19 (the US had > 10,000 monkey pox cases to date with none of them resulting in deaths) and is much less transmissible than COVID-19.

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De Ann Davis

Under FMLA, Discouragement Can Be Denial

A key aspect of the Family Medical Leave Act (FMLA) is its mandate that employers may not “interfere with, restrain, or deny the exercise of or the attempt to exercise, any rights” under the Act. A recent Seventh Circuit decision[i] highlights the employer’s duty to provide leave without interference, no matter how that interference may manifest itself. The decision further illustrates how an employer can violate FMLA rights without actually denying an FMLA leave request.

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Teresa McQueen

CA Court of Appeals Issues Precedent Setting Ruling on Website Public Accommodation Issue

Online-only businesses received great news this week when the California Court of Appeal issued a ruling that closes the door on California lawsuits brought against online-only businesses. The Court, in agreement with 9th Circuit precedent, ruled in Martinez v. Cot’n Wash, Inc., that websites associated with online-only businesses are not “public accommodations” covered by the ADA. Rounding out the decision was the Court’s determination that maintaining an inaccessible website does not constitute an act of intentional discrimination under the Unruh Act.

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Teresa McQueen

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