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COVID-19: what next for UK employers, Part 4

In deciding whether to allow an employee’s request to continue a full or partial remote working schedule, what account should be taken of the reasons for that request? In our ‘What next’ webinar last week, I indicated that in most cases the safest answer to this question is “none”, and that the employee’s reasons for … Continue Reading

Acas Issues Short Advice on Long Covid (UK)

Clearly a quiet week over at Acas Towers, judging by all the detailed advice and reasoned analysis which doesn’t feature in its new two-page guidance note on long Covid (also referred to in the guidance as “long-tail Covid”, which is the same but with more feathers). The main thrust of the guidance is notionally to … Continue Reading

If you have tiers, prepare to shed them now – thoughts for UK employers under lockdown v.3

So here we are all again and, says the Government’s latest guidance, able to leave home to work only where it is “unreasonable for you to do your job from home“.  This is the umpteenth permutation of the same underlying message about working from home if you can, and was almost certainly meant to say … Continue Reading

Second thoughts for employers facing new pandemic measures (UK)

Boris’ press conference on Saturday night addressed one key question and left another unanswered. In his late start, overturning of previous statements and an expression more hunted than Ronnie Biggs, the Prime Minister showed clearly that the pandemic holds the reins of power at present, not the Government.  On the other hand, after six months … Continue Reading

Belgium – Your employees can’t work from home? Time for a certificate!

We were – as ever – maybe a little late to the party, but as of Monday 2 November, Belgium is in new lockdown, at least until 13 December. Non-essential shops are closed and so-called “professions with direct contact” (beauticians, barbers) are prohibited from working.  Working from home is mandatory, unless this is “impossible due … Continue Reading

EEOC Issues Guidance Clarifying When Opioid Users are Protected From Disability Discrimination Under the ADA (US)

Opioid abuse is widespread in America and the opioid epidemic impacts people from all walks of life, which presents unique challenges for employers who want to limit the potentially adverse effects opioid use may have on their employees and their workplaces. Given the severity of the crisis, it is tempting for employers to want to … Continue Reading

Pennsylvania Hazard Pay for COVID-19 Frontline Workers (US)

On July 16, 2020, Pennsylvania Governor Tom Wolf announced a hazard pay grant program to help employers provide additional pay for employees engaged in life-sustaining occupations during the COVID-19 pandemic.  This hazard pay is funded by $50 million from the CARES Act and is intended to recognize and reward frontline workers and to help eligible … Continue Reading

Black Lives Matter, Racial Unrest and Corporate Culture – How Do Employers Respond? (US)

As the daily news continues to show protests and calls for justice in response to the death of George Floyd and others at the hands of police officers, there is, unsurprisingly, a desire from employees to hear from their employers regarding the ongoing violence and racial unrest in our communities and across the country. Many … Continue Reading

UK Chancellor issues further Treasury Direction on CJRS – mire deepens

On Friday last week the Chancellor issued the third and probably final Treasury Direction in relation to the Coronavirus Job Retention Scheme (CJRS). This is “the law” that will govern the flexible furlough arrangements from 1 July. As with the two previous Treasury Directions, this one is horribly complicated to navigate – to the point … Continue Reading

DOL Update: COVID-19-Related Guidance and New Opinion Letters (US)

During the week of June 22, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) issued three Field Assistance Bulletins, each providing guidance to WHD field staff regarding three unique compliance issues related to the COVID-19 pandemic. In addition, on June 25, 2020, the DOL released five fact-specific opinion letters discussing various … Continue Reading

Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

We’re living through a period of time in the US unlike any we have previously experienced,  simultaneously grappling with a deadly public health emergency, mass protests – some peaceful, some not – seeking racial justice and police reform, and an increasingly bitter, partisan political landscape that likely only will intensify as we get closer to … Continue Reading

US Department of Labor Publishes Regulations Clarifying Various Aspects of the Families First Coronavirus Response Act (US)

Some questions answered, many still remain On April 1, 2020, the U.S. Department of Labor (DOL) released new regulations (29 CFR Part 826), attempting to clarify certain provisions in the Families First Coronavirus Response Act (FFCRA).  As we previously reported here, under the Emergency Paid Sick Leave Act provision of the FFCRA, certain public employers and … Continue Reading

UPDATED: New York State Issues Additional Guidance for Emergency Paid Sick Leave Bill (US)

New York State’s COVID-19 sick leave law has been in effect since March 18, 2020 (see our prior posts here and here). Since then, several questions have remained largely unanswered for both New York employers and employees as they navigate the eligibility and application requirements of the new law, which offers individual job-protected paid or … Continue Reading

UK Equality Commission issues new sexual harassment guidance

Earlier this month, the Equality and Human Rights Commission issued new guidance on sexual harassment and harassment at work. The guidance is very comprehensive, running to some 82 pages, but if you are responsible for drafting your company’s harassment policies or for handling such complaints in the workplace, you should still take a look at … Continue Reading

Equality Commission issues guidance on NDAs in discrimination cases (UK)

The Equality and Human Rights Commission (EHRC) has issued new guidance on the use of confidentiality agreements (often referred to interchangeably as “non-disclosure agreements” “NDAs”, “gagging clauses” or “confidentiality clauses”) in discrimination cases. The stated aim of the guidance is to “clarify the law on confidentiality agreements in employment and to set out good practice … Continue Reading

Three New State Laws Legalize Marijuana Use, Sparking More Confusion and Igniting Further Conflict With Federal Law (US)

The mid-term elections are still on people’s minds, as recounts and run-offs for federal congressional and state gubernatorial candidates are finally wrapping up.  Meanwhile, and largely taking a media-coverage backseat to these high-profile races, many new state initiatives became law as a result of the mid-terms, three which involved legalizing marijuana for recreational or medical … Continue Reading
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