Previous installments of our series analyzing in detail the Families First Coronavirus Response Act (FFCRA) and the regulations interpreting that law issued by the US Department of Labor addressed the following issues: Part One – employee eligibility and employer coverage; Part Two – the coronavirus-specific circumstances why eligible employees may take paid leave; Part Three … Continue Reading
The US Department of Labor (DOL) has issued a number of publications offering guidance to the states for implementing certain federal unemployment insurance provisions contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), and Pandemic Emergency Unemployment Compensation (PEUC) programs. As … Continue Reading
The first three installments of our five-part series analyzing the US Department of Labor regulations interpreting the Families First Coronavirus Response Act (FFCRA) examined eligibility and coverage issues. Part One looked at which employees are eligible to take, and which employers are required to provide, emergency paid sick leave and public health emergency paid family … Continue Reading
The first two installments of our five-part in-depth analysis of the emergency paid sick leave and public health emergency paid family leave provisions of the Families First Coronavirus Response Act (FFCRA) – see here and here – analyzed the statutory language and regulations governing employer coverage, employee eligibility, the circumstances under which employees can request … Continue Reading
In light of the ongoing pandemic crisis, on April 6, 2020, Governor Andrew Cuomo announced that he is extending the “PAUSE” restrictions in New York State, which means that non-essential businesses will remain closed until at least April 29, 2020. Additionally, last week on April 3, 2020, Governor Cuomo signed the FY 2021 Executive Budget: … Continue Reading
In the first part of our in-depth analysis of the Families First Coronavirus Response Act (FFCRA) and its accompanying regulations, we addressed employer coverage and employee eligibility issues under the new law. In the second installment of this series, we turn to looking at the coronavirus-specific reasons upon which an employee can obtain FFCRA leave, … Continue Reading
During the second half of March 2020, the US Congress passed three landmark pieces of legislation addressing the COVID-19 (a/k/a novel coronavirus) pandemic. One of these was the Families First Coronavirus Response Act (FFCRA). Under this law, employers of fewer than 500 employees are required to provide eligible employees with up to 80 hours of … Continue Reading
The United States currently is experiencing an unprecedented public health emergency due to the COVID-19 virus. The economic fallout of this crisis has been sudden and brutal on US employers, with vast numbers of businesses ordered to close and nearly 1 million new unemployment claims filed in the past two weeks alone. In response, Congress … Continue Reading
On March 25, we reported that the US Department of Labor (DOL) had begun to release informal guidance regarding its interpretation of the Families First Coronavirus Response Act (FFCRA), which requires that certain employers, including, among others, private employers with fewer than 500 employees, provide paid sick and paid family leave in certain circumstances resulting … Continue Reading
In a late night vote on March 25, 2020, the Senate unanimously passed the Coronavirus Aid, Relief, and Economic Security Act (‘‘CARES Act’’). The CARES Act will, among other things, inject $2 trillion into the US economy if passed by the House of Representatives and signed by President Trump. This is widely anticipated to occur … Continue Reading
On March 18, 2020, the U.S. Senate approved a bipartisan bill aimed at addressing the coronavirus. After rejecting two attempted amendments to the House bill, the “Families First Coronavirus Response Act” passed the Senate by a vote of 90-8. As we reported on March 17, the comprehensive emergency measure expands nutrition and food assistance, unemployment … Continue Reading
On March 18, 2020, the U.S. Senate approved a bipartisan bill aimed at addressing the coronavirus. After rejecting two attempted amendments to the House bill, the “Families First Coronavirus Response Act” passed the Senate by a vote of 90-8. As we reported on March 17, the comprehensive emergency measure expands nutrition and food assistance, unemployment … Continue Reading
The coronavirus disease 2019 (COVID-19), commonly known as the “coronavirus,” is now impacting employers all across the US. Every organization should have a plan of action in place concerning the coronavirus as the threat of an outbreak at your workplace cannot be ignored. Please join us for a live webinar on Monday, March 16, 2020 … Continue Reading
Although the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” remains a developing situation, it has begun affecting the US in major ways. With cases now reported throughout the US, every organization should have a plan of action in place concerning the coronavirus. Although every business faces unique considerations, a cross-disciplinary team of … Continue Reading
Since the National Labor Relations Board issued the precedent-changing Boeing Company decision in late 2017, the Board has continuously illustrated when employment policies will survive scrutiny under the National Labor Relations Act. Recently, in Argos USA LLC, the Board clarified its position about three common types of employment agreements or policies, i.e., those concerning confidentiality, … Continue Reading
You can’t escape the panic spreading through mass and social media regarding the 2020 Wuhan Novel Coronavirus, a virus that has resulted in fatalities in China and infected thousands worldwide. Symptoms mimic that of influenza (fever, cough), but can include difficulty breathing, pneumonia, kidney failure, and death in severe cases. Despite the panic, there are … Continue Reading
Memos provide guidance on a variety of topics, including employer confidentiality policies and arbitration agreements As you may recall from our previous blog posts, National Labor Relations Board (“NLRB” or “Board”) advice memoranda are issued by the agency’s Division of Advice, which is part of the NLRB’s Office of the General Counsel (the “General Counsel”). … Continue Reading
Nicotine products are highly addictive and have been linked to a variety of serious health issues, including lung cancer and other respiratory illnesses. In addition to the numerous health risks associated with nicotine use, there is also a causal connection between employee nicotine use and lower productivity in the workplace, as well as higher healthcare … Continue Reading
On October 10, 2019, the National Labor Relations Board’s (“NLRB” or “Board”) decision in LA Specialty Produce Company provided some employer-friendly clarification of its standard for assessing the lawfulness of employee handbook provisions under the National Labor Relations Act (“NLRA”), and in doing so, categorized two specific types of policies as generally lawful. In this … Continue Reading
Employers are generally familiar with the complex web of federal and state statutes that prohibit workplace discrimination on grounds including sex, race, color, national origin, religion, genetic information, age, and disability and they are, by and large, vigilant to prohibit explicit forms of discrimination on these protected bases. But rare is the case where direct … Continue Reading
California Governor Gavin Newsom just signed a new batch of worker-friendly laws sponsored by Democrats in the California Assembly and Senate. These laws cover a range of topics from arbitration agreements to workplace safety. AB 51 will garner particular attention because not only does it substantially prohibit arbitration agreements, it criminalizes them. The new law … Continue Reading
On October 8, 2019, the U.S. Supreme Court heard oral argument in three employment discrimination cases involving what protection, if any, Title VII of the Civil Rights Act of 1964 – which prohibits discrimination in employment on the basis of, among other things, sex – affords against sexual orientation and gender identity-based discrimination. As we previously discussed … Continue Reading
Wage Theft Laws In response to Minnesota’s wage theft law, which we previously reported about here, the city of Minneapolis has passed its own wage theft law, Ordinance No. 2019-031, which will go into effect on January 1, 2020. The law applies to any employee that works for an employer for at least 80 hours … Continue Reading
Between August 29 and September 10, the National Labor Relations Board (“NLRB” or “Board”) issued four decisions that resolve important issues that have been the subject of long-running disputes. It also issued an invitation to submit briefs in a case that provides an opportunity for the current Board majority members to revise the standard for … Continue Reading
