On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective. The new CSPSL requirement will be codified as Labor Code section 248.1 and was enacted via Assembly Bill (AB) 1867, which Governor Newsom signed into law on September 9, 2020. In addition
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On August 24, 2020, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2020-5 (“FAB 2020-5” or the “Bulletin”) in an effort to guide an increasing number of employers faced with the challenge of tracking compensable hours worked by teleworking non-exempt employees. Specifically, FAB 2020-5 offers clarity regarding how, and to what extent,
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Did an NLRB’s Regional Director abuse her discretion when she directed a mail ballot election instead of an in-person (manual) ballot election during the COVID-19 pandemic? Though not getting the attention it deserves, this is an extremely important issue going to the very integrity of the Board’s representation process. Manual balloting has long been the
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The National Labor Relations Board’s (“NLRB” or Board”) Division of Advice[1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor practice charge (“ULP” or “charge”) against the employer was warranted. These advice memos come on the heels of a series of
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With some employees returning to the office, and many states now permitting non-essential business travel, business managers are beginning to reassess the feasibility of a mobile workforce. One barrier to business travel, however, is state by state travel restrictions which vary substantially and may be inconsistent. In addition, the Centers for Disease Control and Prevention
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As Congress grapples with the next tranche of COVID-19 legislation, one key issue that has remained at the forefront of the debate is whether, and to what extent, Congress will limit COVID-19 exposure lawsuits against businesses and non-profit organizations that remain operational during the pandemic.
The leading bill is entitled the “Safeguarding America’s Frontline Employees…
On August 3, 2020, U.S. District Judge J. Paul Oetken issued a decision in State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D.N.Y. Aug. 3, 2020), which vacated several portions of the Department of Labor’s (“DOL”) regulations concerning the Families First Coronavirus Response Act (“FFCRA”).
Specifically, the Court vacated
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On July 24, 2020, the California Department of Public Health (“CDPH”) issued guidance entitled “COVID-19 Employer Playbook For a Safe Reopening.” The CDPH then revised the 32-page Employer Playbook a week later, on July 31st. A link to the most up-to-date guidance is available here.
The stated purpose of the Employer Playbook is to…
In light of the COVID-19 pandemic, many employers have been forced to conduct staff layoffs as businesses were closed in compliance with shelter-in-place orders and subsequently rehire employees as lockdown restrictions have been lifted. One concern employers should bear in mind is how the layoffs and later rehiring of employees impact the enforceability of any
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Most employers wrestling with COVID-19 related employment law issues aren’t paying much attention to the labor law issues arising out of the pandemic. Indeed, because most U.S. employers are non-union, many operate under the mistaken belief that they fall outside the reach of the National Labor Relations Act (Act or NLRA) and don’t have to…
Beginning July 27, 2020, Virginia will become one of the first states to implement comprehensive, mandatory safety regulations for employees returning to work during and post-COVID. In a press release last week, Governor Ralph Northam announced that the Virginia Safety and Health Codes Board had voted to adopt an emergency temporary standard, §16VAC25-220,
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On July 3, 2020, San Francisco enacted a temporary emergency ordinance requiring businesses with more than 100 employees to offer reemployment to employees laid off due to the COVID-19 pandemic. Known as the “Back to Work” emergency ordinance and aimed at mitigating the severe economic harm to individuals who have been unable to
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On July 6, and after consulting with the Board’s Regional Directors (“RDs”) and other of the Agency’s internal stakeholders, the NLRB’s General Counsel (GC) issued Memorandum GC 20-10 offering suggested protocols for the RDs to follow as a way of returning to manual elections in light of the ongoing pandemic. Before COVID-19, the overwhelming majority
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On July 2, 2020, the federal Occupational Safety and Health Administration (“OSHA”) published an FAQ web page based on COVID-19 related inquiries that the agency received from the public. The FAQ page provides a central location for information and links on a variety of topics related to best practices to ensure worker safety and protect
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On July 1, 2020, as a result of rapid increases in the number of COVID-19 cases throughout California, and on the heels of the Fourth of July long weekend, Governor Gavin Newsom instructed businesses in 19 counties across the state to roll back their reopenings for at least the next three weeks. The Governor’s instructions…
The summer season is normally a time the children are off to summer camps, enrichment programs, or summer school sessions. This year, however, employees are finding themselves without available childcare in the wake of continued widespread COVID-19-related closures. As state and local governments vacillate between easing and increasing restrictions, normal summer programs may be unavailable,
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