Archives: Employment & Labor (U.S.)

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Protecting confidential information in a work-from-home world

In non-compete and trade secret litigation, key evidence of employee misconduct often comes to light through a forensic examination of the employee’s devices and accounts. These forensic reviews can identify suspicious activity, such as an employee forwarding information and documents to a personal email address, accessing large amounts of company files around the time of … Continue Reading

Moving forward: New York State Department of Health issues new protocols for returning employees to the workplace following COVID-19 infection or exposure

As New York State businesses begin to reopen – a process we have detailed here – Empire State employers will increasingly be required to make decisions with respect to returning employees to the workplace who were suspected or confirmed to be infected with, or exposed to, COVID-19. To assist the business community, the New York … Continue Reading

EEOC provides updated guidance related to excluding high-risk workers, required accommodations, and pandemic-based harassment

As we previously posted, the Centers for Disease Control and Prevention (CDC) CDC recently issued guidance on reopening the workplace. In its latest update on June 11, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 Frequently Asked Questions (the Guidance) to provide further guidance on returning employees to the workplace. Notably, the Guidance covers … Continue Reading

Expanding the definition of sex: SCOTUS rules employers cannot discriminate based on sexual orientation or gender identity.

On June 15, 2020, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, Georgia, No. 17-1618 (U.S. Jun. 15, 2020), which held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964. In a 6-3 opinion authored by Justice … Continue Reading

Update on everything you need to know about New York’s business reopening plan [Updated as of June 15]

As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region basis and then, once a region is eligible to reopen, on a phased industry-by-industry basis. … Continue Reading

New Jersey “lifts” stay at home order – but little changes for most employers

On June 9, 2020, New Jersey Governor Phil Murphy announced on Twitter that he was “signing an Executive Order LIFTING [New Jersey’s] STAY-AT-HOME ORDER” as the state enters “Phase 2” of the recovery process.  Many news outlets and employers took this announcement to mean there would be significant changes for New Jersey businesses.  However, the … Continue Reading

PPP Flexibility Act – Stretching forgiveness requirements to benefit employers

Last week, the Paycheck Protection Program Flexibility Act (PPPFA) was signed into law, becoming effective immediately. The PPPFA reforms the Paycheck Protection Program (PPP), which was passed under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, and is intended to improve the terms of PPP loans obtained by small businesses to help cover payroll … Continue Reading

Update on everything you need to know about New York’s business reopening plan [Updated as of June 3]

As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis. Since … Continue Reading

Judge denies implementation of portions of major union election rule changes

On May 30, 2020, a U.S. district court judge issued an order that prevents certain provisions of a new rule governing election procedures from going into effect. However, employers should note that the National Labor Relations Board (NLRB) intends to implement all other portions of the new rule that the court’s order did not address, … Continue Reading

Philadelphia councilmembers propose bill to increase paid sick leave for many federally excluded employees

On May 1, 2020, Councilmember Kendra Brooks (At Large) announced a proposed bill, co-sponsored by Helen Gym (At Large) and Bobby Henon (6th District), that would increase the amount of paid sick leave available to workers who continue to physically report to their jobs during a “public health emergency.” This bill comes on the heels … Continue Reading

Employers Beware: Post-pandemic litigation traps

As shutdown orders begin to subside and states across the nation take steps toward reopening, employers should prepare for a potential spike in employment claims arising out of new legislation, the application of existing laws to novel workplace circumstances and a sudden downturn in the economy. Below is a summary of some of the claims … Continue Reading

Preparing for a post-COVID-19 return to the workplace: what do UK employers need to think about from a health and safety and HR perspective?

Over recent weeks, the UK government has announced the first steps it is taking to get businesses up and running again in the wake of the COVID-19 pandemic. This publication highlights a number of key areas for UK employers to consider as they start to plan ahead to re-establish and maintain their businesses, while at … Continue Reading

CDC issues new guidance on reopening the workplace

The U.S. Centers for Disease Control and Prevention (CDC) recently released new guidance (the Guidance) and a flowchart (the Flowchart) detailing how states can safely reopen businesses and schools in the wake of the COVID-19 pandemic. The 60-page guidance document covers a wide range of topics, including surveilling, contact tracing, and controlling COVID-19 cases. The … Continue Reading

Oakland passes COVID-19 paid sick leave

On May 12, 2020, Oakland passed an emergency ordinance joining Los Angeles, San Francisco, and San Jose in requiring employers to provide paid sick leave to employees for COVID-19-related reasons.  Codified as Code of Ordinances Chapter 5.94 and known as the “Protecting Workers and Communities During a Pandemic – COVID-19 Emergency Paid Sick Leave Ordinance” … Continue Reading

OSHA revises COVID-19 recordkeeping requirements

As numerous states begin to reopen, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) recently announced a revised recordkeeping enforcement memorandum, effective May 26, 2020, that outlines when employers must record COVID-19 cases as a work-related illness.  This revised guidance replaces OSHA’s previous April 2020  memorandum and removes the relaxed application of … Continue Reading

Update on everything you need to know about New York’s business reopening plan

As we previously detailed here and here, New York State Governor Andrew Cuomo recently outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations. Under the Governor’s plan, reopenings are being determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis. Since … Continue Reading

New Jersey slowly begins lifting operating restrictions for certain industries

New Jersey started the reopening process, lifting restrictions on certain business operations the State previously shut down in response to the COVID-19 pandemic. As employers in these industries resume operations, there are many legal considerations, including adopting policies and practices to ensure compliance with the State’s required mitigation efforts. While New Jersey Governor Phil Murphy … Continue Reading

Virginia update: Governor loosens pandemic restrictions, except in Northern Virginia, Richmond City, and Accomack County

On May 8, 2020, Virginia Governor Ralph Northam issued Executive Order 61 outlining Phase One of the commonwealth’s plan to gradually ease temporary public health and business restrictions related to COVID-19, effective May 15, 2020, through at least June 10, 2020. Since issuing Executive Order 61, however, Governor Northam issued Executive Order 62 delaying this … Continue Reading

New York announces additional reopening guidance, including a regional monitoring dashboard

As we previously detailed, last week New York State Governor Andrew Cuomo outlined guidelines for when Empire State businesses can reopen and return to “in-person” operations.  Under the Governor’s plan, reopenings will be determined, first, on a region-by-region and then, once a region is eligible to reopen, on a phased industry-by-industry basis. In the wake … Continue Reading

California Executive Order expands workers’ compensation eligibility for employees diagnosed with COVID-19

On May 6, 2020, Governor Gavin Newsom issued Executive Order N-62-20, which dramatically expands workers’ compensation eligibility for employees who are diagnosed with COVID-19, as part of his continued plan to create a robust safety net for California workers. The Order creates a rebuttable presumption that employees who test positive for or are diagnosed with … Continue Reading

Returning to work during the COVID-19 pandemic: Employer’s rights and obligations to high-risk workers

The Equal Employment Opportunity Commission (EEOC) updated and expanded a Technical Assistance Publication on May 5, 2020, and then again on May 7, 2020, focusing on employer obligations under the Americans with Disabilities Act (ADA) and related laws during the COVID-19 pandemic. The EEOC’s guidance comes as many states are reopening their economies and allowing … Continue Reading

Pennsylvania’s governor issues additional requirements for businesses currently authorized to be open

On May 4, 2020, Pennsylvania Governor Tom Wolf issued a document titled “Guidance for Businesses Permitted to Operate During the COVID-19 Disaster Emergency” (the Business Guidance or the Guidance). The Business Guidance contains the latest requirements applicable to businesses during Pennsylvania’s Red, Yellow, Green phased reopening approach. These new requirements are directed at businesses already … Continue Reading

Los Angeles City’s New Right of Recall and Worker Retention Ordinances

On April 29, 2020, the Mayor of Los Angeles, Eric Garcetti, signed into law two COVID-19-driven workforce ordinances: the Right of Recall Ordinance and the Worker Retention Ordinance. The ordinances cover “Airport,” “Commercial Property,” “Event Center,” and “Hotel” employers, including: Owners, operators, or managers of (i) Event Centers (g., concert halls, stadiums, sports arenas, racetracks, … Continue Reading

Illinois withdraws rebuttable presumption rule for COVID-19 workers’ compensation claims

The Illinois Workers’ Compensation Commission has withdrawn an emergency rule it passed just weeks ago that would have made it easier for essential workers to claim they became sick with COVID-19 while on the job. The withdrawal comes in the face of a Sangamon County Circuit Court decision granting an emergency request by the Illinois … Continue Reading
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