Update (5/7/20): On May 7, 2020, the EEOC re-issued guidance concerning what actions an employer may take if it knows that an employee has a medical condition placing him/her at a higher risk for severe illness if he/she gets COVID-19, and thus is concerned about the employee’s return to the workplace, but the employee has not … Continue Reading
With more of us working from home than ever during the COVID-19 public health crisis, employers and employees face unique challenges. Videoconferences have replaced in-person meetings, and our pets, kids, and partners are now our temporary “coworkers.” From the occasional mild annoyances, like barking dogs and ringing doorbells, to the truly humiliating examples trending on … Continue Reading
The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale. In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
In a move that mirrors the efforts of several local California communities to fill gaps not otherwise addressed by the federal Families First Coronavirus Response Act (FFCRA), California Governor Newsom issued Executive Order N-51-20 on April 16, 2020 (“Order”). Specifically, the Order provides COVID-19 related paid sick leave for “food sector workers” throughout the state … Continue Reading
As the COVID-19 public health emergency begins to (hopefully) progress down the curve and employers contemplate reopening and returning employees to the workplace, many employers are considering what measures they can implement to ensure that returning employees are not infected with the SARS-CoV-2 virus. In March 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued … Continue Reading
Since early in the pandemic, the EEOC has been maintaining a Technical Assistance Questions and Answers page, which it updates from time to time. As employers’ attention turns to life after COVID-19 and planning for our return to the workplace, on April 17, the EEOC updated its COVID-19 pandemic informal guidance to address the challenges … Continue Reading
While COVID-19 has turned everyone’s focus toward safety and health generally, it has forced US employers specifically to focus on the safety and health of their employees during an unprecedented time. Employers in the US have common law and statutory duties to ensure safe workplaces, but the COVID-19 pandemic has greatly disrupted many of the … Continue Reading
Ordinances and Executive Orders require paid sick leave, provide additional protections for grocery, drug store, and food delivery employees, and mandatory face mask use Like many other US cities and counties, the City of Los Angeles – the second most populous city in the US and home to four million citizens – has taken decisive … Continue Reading
Throughout this past week, we have provided a comprehensive analysis of the various provisions of the federal Families First Coronavirus Response Act (FFCRA), the first ever federal law requiring the payment of paid sick leave and paid family leave for various COVID-19-related reasons. These daily updates include consideration of employer and employee coverage; qualifying reasons … Continue Reading
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
