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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On June 17, 2020, the federal Occupational Safety and Health Administration (“OSHA”) issued its “Guidance on Returning to Work.” This new guidance is intended to supplement the previous “Guidance on Preparing Workplaces for COVID-19” that OSHA published in March. Most non-essential businesses throughout the country have already reopened and returned at…
The White House has signaled that it will issue further immigration restrictions in response to the novel coronavirus epidemic – this time, to restrict foreign workers entering the United States.
The rumored executive order will ban the entry of nonimmigrant workers with H-1B, H-2B, L-1, and J-1 visa classifications. H-1B and L-1 visas cover skilled
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On June 17, the Equal Employment Opportunity Commission (“EEOC” or “Commission”) issued new guidance to employers forbidding the administration of COVID-19 antibody tests under the Americans with Disabilities Act (“ADA”). EEOC COVID-19 Technical Assistance A.7. Though the ADA mainly protects disabled individuals from workplace and public discrimination, some parts of the Act apply universally.
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Our proximity and “close contact” with other humans is on the front lines in the war against coronavirus. Yet tracking 6 feet of distance from every human we encounter for a 14 day period is nearly impossible without the help of technology like contact-tracing apps. Although many privacy and employment laws designed to protect employee
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On Wednesday, May 27, 2020, the Centers for Disease Control and Prevention (“CDC”) issued new guidance (available here) detailing how employers can safely reopen offices following months of closure amid the ongoing COVID-19 pandemic. The CDC guidance provides a step-by-step checklist for employers to follow to ensure that their office spaces are physically prepared
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The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure. Now, as states and businesses around the country gradually reopen and truck deliveries begin to ramp up, employers in the commercial trucking industry should be aware of
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