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OSHA Updates Guidance On COVID-19-Related Workplace Safety (US)

As businesses continue to reopen and more workers return to the workplace despite significant increases in infection rates in some parts of the country, many questions have surfaced about employers’ obligations to provide employees with a safe workplace. The Occupational Safety and Health Administration (OSHA) recently updated its informal COVID-19-related guidance to address a number … 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

COVID-19 Temperature Testing? Yes. Viral Testing? Yes. Antibody Testing? No! (US)

Employers undertaking the reopening process following COVID-19-related shutdown orders are grappling with what measures they can implement to reduce the potential for transmission of the SARS-CoV-2 virus in their workplace. In addition to requiring face masks, mandating physical distancing, and encouraging regular handwashing, some employers also are requiring employees to submit to medical testing as … Continue Reading

EEOC Updates COVID-19 Guidance With Answers To More Return-To-Work Questions (US)

Throughout the current public health emergency, the U.S. Equal Employment Opportunity Commission (EEOC) has been providing regular updates to its guidance on COVID-19 and compliance with the Americans with Disabilities Act (ADA) and other federal employment statutes (see our prior posts here). On June 11, 2020, the EEOC provided answers to approximately 10 new questions, … Continue Reading

Federal Judge Says NLRB’s Revised Election Rule Was Improperly Implemented (US)

UPDATE: June 1, 2020: The NLRB announced via a press release and General Counsel memorandum that notwithstanding the judge’s order remanding the rule to the NLRB for reconsideration, “it will implement in full all of the rule changes unaffected by the recent U.S. District Court order.”  Accordingly, the following provisons in the rule are in … Continue Reading

Department of Labor Continues to Loosen Restrictions on Calculating Overtime (US)

In what Labor Secretary Eugene Scalia called a step in the US Department of Labor’s (DOL) goal of lessening “unnecessary regulatory burdens” on businesses, on May 20, 2020 the DOL released a final rule regarding the calculation of overtime for salaried non-exempt workers with fluctuating workweeks. The rule change may encourage payment of additional incentive … Continue Reading

Department of Labor Clarifies Retail and Service Establishment Exemption from Overtime (US)

The U.S. Department of Labor (DOL) has issued a new rule regarding the interpretation of Section 7(i) of the Fair Labor Standards Act, an overtime exemption applicable to employees of certain retail and service establishments who are paid in part via commissions. The statute provides that an employer shall not be deemed to have violated … Continue Reading

Treasury Department Eases Minds of Paycheck Protection Program (PPP) Loan Borrowers With Additional Informal Guidance (US)

The 2020 Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which Congress passed in late March 2020 in order to provide relief to businesses and taxpayers affected by the COVID-19 pandemic, included the Paycheck Protection Program (or PPP) loan program – which allowed small business concerns (generally speaking – albeit with some notable, high … Continue Reading

Navigating Employee Return-to-Work Issues (US)

On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading

US Department of Labor Issues Additional Informal Guidance on Families First Coronavirus Response Act (US)

The Families First Coronavirus Response Act (FFCRA) has been in effect for nearly six weeks and, as practical challenges with interpreting and implementing the Act surface, the Department of Labor (DOL) continues to update its informal guidance in piecemeal fashion. On May 12, 2020, the DOL added five additional questions and answers to its FFCRA … Continue Reading

City of Los Angeles Right of Recall and Worker Retention Ordinances Take Effect (US)

In the midst of the COVID-19 pandemic, Los Angeles, California Mayor Eric Garcetti signed the Right of Recall and Worker Retention Ordinances into law to protect employees in some of the industries hardest hit by the economic fallout caused by the coronavirus.  The Los Angeles County Board of Supervisors is considering extending these ordinances to … Continue Reading

California Governor’s Order Creates Workers’ Compensation Presumption For COVID-19 Diagnosis (US)

As California employers prepare for the gradual re-opening of business, they must now take into consideration Governor Gavin Newsom’s Executive Order N-62-20 executed on May 6, 2020, making any COVID-19 infection diagnosed within two weeks of an individual working outside of their home presumptively work-related. This has the effect for employers of reversing the burden … Continue Reading

EEOC Pushes Deadline for 2019 Form EEO-1 Filing to 2021 (US)         

Employers with 100 or more employees and employers that are federal contractors with 50 or more employees and federal contracts valued at $50,000 or greater are familiar with the annual requirement that by each May 31st, they file a Form EEO-1 with the U.S. Equal Employment Opportunity Commission (EEOC). This form reports what is referred … Continue Reading

EEOC Provides Updated Guidance on Return-to-Work Issues Addressing Accommodations For Employees With COVID-19 Vulnerabilities (US)

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

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

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

US DOL Provides More Guidance On Pandemic Unemployment Assistance: Restrictions on Eligibility, Summer Break Limitations, Gig Worker Benefits, and More (US)

As most everyone now knows, among other things, the massive $2 trillion-plus CARES Act created multiple federal unemployment compensation programs for individuals impacted by the novel coronavirus disease (COVID-19). These programs provide federal funding to the states to administer and provide unemployment compensation assistance to a broad range of COVID-19-impacted employees including, notably, those who … Continue Reading

California Provides COVID-19 Paid Sick Leave for Food Sector Workers (US)

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

OSHA State Plan Agencies Issue COVID-19 Guidance (US)

Over the past several months, the federal Occupational Safety and Health Administration (OSHA) has steadily issued guidance to both employers and agency officials on strategies to navigate regulatory matters related to the COVID-19 pandemic, as we have discussed here, here, here, here, and here. However, federal OSHA is not the only government agency addressing the crisis at hand. Below is an … Continue Reading

A Reminder to Cover Up: When Face Mask Use May Be Required in the Workplace (US)

As employers begin to plan for reopening their businesses after government-imposed shutdown orders, or plan for the return of more workers to their essential businesses who previously had been working from home, they must also ensure that the workplace is safe and free from hazards that cause or are likely to cause death or serious … Continue Reading

EEOC Updates Guidance To Permit Employer-Mandated COVID-19 Testing (US)

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

WEBINAR April 29: COVID-19 to Post-COVID-19 – Immigration and Compliance Issues for US Employers

Please join Gregory A. Wald, Samuel J. Mudrick and Luisa E. Koidl for a webinar on  Wednesday, April 29, 2020 at 11 a.m. EDT/8 a.m. PDT discussing the latest developments and impact of the President’s Executive Order suspending certain aspects of US immigration, travel restrictions and related processing challenges in the transition to a post-COVID-19 world.  Hot-button issues of … Continue Reading

EEOC Offers Employers Post-COVID-19 Return-to-Work Pointers (US)

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

OSHA Interim Response Plan for COVID-19 Issued to Guide Agency Action, But Just as Useful for Employers (US)

From our colleagues at the FrESH Law Blog comes a post analyzing the US Occupational Safety and Health Administration’s (OSHA) recent Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19). Since the COVID-19 pandemic first hit the United States in early 2020, OSHA has been issuing COVID-19 guidance to employers on appropriate ways to address … Continue Reading

WEBINAR April 21 – US ESH Webinar Series – COVID-19: Safety and Health Law on the New Frontier (US)

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
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