Archives: Workplace Laws and Regulations

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EEOC stops issuing right-to-sue letters in response to COVID-19, delaying litigation deadlines

In an effort to delay litigation deadlines, the Equal Employment Opportunity Commission (EEOC) has stopped issuing Right-to-Sue Letters amid the COVID-19 pandemic, unless specifically requested by an employee.  Although the EEOC has not publicly announced its new policy, it has confirmed this practice to several news outlets. The EEOC is the federal agency responsible for … Continue Reading

Missouri issues statewide stay at home order to prevent spread of COVID-19

On April 3, 2020, Governor Michael Parson announced that Missouri residents will be required to stay at home to protect the public health and prevent the further spread of COVID-19 in accordance with an order issued by the Missouri Department of Health and Senior Services (“DHSS”) to take effect on April 6, 2020 at 12:01 … Continue Reading

National Guard members are protected under USERRA – What employers need to know about employees in the National Guard

On April 1, 2020, U.S. Defense Secretary Mark Esper said that states have the option of using the National Guard to enforce stay-at-home orders amid the coronavirus pandemic. He compared having the National Guard deal with the coronavirus to its duties when a hurricane or another natural disaster strikes the country, saying the force would be used … Continue Reading

Georgia’s Shelter-in-Place Order imposes new restrictions in an effort to slow the spread of COVID-19

As COVID-19 continues to spread rapidly, with the number of confirmed cases in the U.S. well above 200,000, Georgia has now joined the growing number of states implementing statewide stay-at-home orders. Although Governor Brian Kemp initially favored county-by-county determinations, he recently announced a statewide Shelter-in-Place Order, as well as an order shutting down all Georgia … Continue Reading

California Supreme Court: Employees who settle their own wage and hour claims still have standing to pursue PAGA

The California Supreme Court ruled on March 12, 2020 that an individual plaintiff’s settlement of their claims against an employer for purported wage and hour violations does not deprive that plaintiff of standing as an authorized representative in a Private Attorney General’s Act (PAGA) action. PAGA deputizes an employee to file a lawsuit for purported … Continue Reading

To RIF, or Not to RIF: How federal loans can help small and mid-size businesses under the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) passed on March 27, 2020, authorizing more than $2 trillion to battle COVID-19 and its economic effects on the U.S. economy. For U.S. employers, the CARES Act provides significant support in the form of loans for small businesses, a loan forgiveness program to encourage employers … Continue Reading

Florida issues statewide stay-at-home order

Referencing President Trump’s March 31, 2020 “30 Days to Slow the Spread” guidance, on April 1, 2020, Florida Governor Ron DeSantis joined the majority of other states and issued a Stay-at-Home Order.  The order takes effect on April 3, 2020 at 12.01 a.m. The order instructs senior citizens and those with significant underlying medical conditions … Continue Reading

Responding to COVID-19 in a unionized workplace

While all employers are facing an unprecedented whirlwind of rapidly changing circumstances as a result of the COVID-19 pandemic, employers with unionized workforces face additional challenges as they take action in response to the outbreak while trying to avoid running afoul of the requirements of their collective bargaining agreements and the National Labor Relations Act … Continue Reading

NLRB extends effective date of its final rule modifying representation case procedures – Now effective May 31, 2020

On March 24, 2020, the National Labor Relations Board (NLRB) decided to postpone the effective date of its final rule modifying the Agency’s regulation on union representative-case procedures, from April 16, 2020 to May 31, 2020, in order to facilitate the resolution of legal challenges. The NLRB’s final rule, which rolled back some of the … Continue Reading

“Staying at home means you must stay home”: Pennsylvania’s governor issues state wide stay-at-home order

Effective 8 p.m. on April 1, 2020, the Commonwealth of Pennsylvania is under a stay at home order due to the COVID-19 pandemic. Pennsylvania’s stay-at-home order, which encompasses all counties throughout the Commonwealth, prohibits individuals from leaving their place of residence except as needed to access, support, or provide life-sustaining business, emergency or government services. … Continue Reading

District of Columbia residents ordered to “stay at home” to prevent the spread of the Coronavirus

On March 30, 2020, in the latest effort to combat the COVID-19 virus, Washington, D.C. Mayor Muriel Bowser issued Mayor’s Order 2020-054 ordering District of Columbia residents to “stay at home” effective April 1, 2020. Previously, Mayor Bowser declared a public emergency [Mayor’s Order 2020-045] and a public health emergency [Mayor’s Order 2020-046], directed the … Continue Reading

Texas update: Governor Abbott issues statewide executive orders while counties amend stay-at-home orders

Recently, additional action has been taken at both the state and county levels in Texas to prevent the spread of COVID-19. At the state level, Governor Greg Abbott has issued three executive orders mandating both roadway and air travelers originating at certain locations to self-quarantine for a period of 14 days upon their arrival in … Continue Reading

FFCRA payroll tax credits: Here’s how it works

Updated April 4, 2020 Effective April 1, the Families First Coronavirus Response Act (FFCRA or Act) requires certain private sector employers with fewer than 500 employees and governmental employers of all sizes to provide their employees with emergency paid sick leave and emergency paid medical leave. More information about the FFCRA is available here. Given … Continue Reading

Counting employees under FFCRA and the CARES Act is not necessarily as easy as 1-2-3

The Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), both enacted last week, provide significant new federal benefits to small businesses and their employees. Critically, both statutes target smaller employers. To that end, they each contain provisions that are only applicable to employers with fewer than … Continue Reading

Los Angeles implements additional paid sick leave for employers with 500 or more employees nationwide

On March 27, 2020, the Los Angeles City Council approved a new paid sick leave ordinance (L.A. Ordinance), to remain in effect until December 31, 2020, which supplements federal bill H.R. 6201, known as the Family First Coronavirus Response Act (FFCRA). The FFCRA provides for paid sick leave and paid family leave entitlements to companies … Continue Reading

Virginia update: Governor issues temporary stay-at-home order and other measures to address COVID-19

On March 30, 2020, the governor issued Executive Order 55 requiring all individuals in Virginia to stay in their place of residence, with certain limited exceptions, until June 10, 2020. Specifically, the order permits individuals to leave their homes for the following purposes: Obtaining food, beverages, goods, or services as permitted in Executive Order 53; … Continue Reading

Maryland residents ordered to “stay at home” effective 8 p.m. EST March 30 to prevent the spread of COVID-19

On March 30, 2020, Governor Larry Hogan ordered Maryland residents to “stay at home” as part of Maryland’s ongoing response to COVID-19. The full text of the stay-at-home order can be found here. The order becomes effective March 30, 2020, at 8 p.m. EST and remains in effect until further notice. Governor Hogan announced that … Continue Reading

“Ask the EEOC” whether COVID-19 is a disability: Its answer may surprise you

On March 27, 2020, the Equal Employment Opportunity Commission (EEOC) posted a pre-recorded webinar called “Ask the EEOC” on its website. The purpose of the webinar was to answer COVID-19 workplace questions arising under the federal employment discrimination laws the EEOC enforces.  Prior to recording the webinar, and in an effort to ensure that the … Continue Reading

Employers should be ready to comply with Dallas’ paid sick leave ordinance during the COVID-19 pandemic

As of March 28, 2020, there are over 103,000 reported cases of COVID-19 in the United States. In Dallas County, there are 439 confirmed cases—an increase of 72 cases from the prior day—and the number of cases is expected to rise. Given the current environment, employers should be cognizant of Dallas’ Earned Paid Sick Time … Continue Reading

DOL issues updated FFCRA notice poster

Today the Department of Labor (DOL) updated the required poster that employers subject to the Families First Coronavirus Response Act (those with fewer than 500 employees) must place on their premises to satisfy their employees of the rights requirement under the Act. The update corrects the 10 weeks of paid sick leave under the Family … Continue Reading

New Jersey amends family leave and benefits laws amid coronavirus concerns

On Wednesday, March 25, 2020, New Jersey Governor Murphy signed S2304, which amends the New Jersey Earned Sick Leave Law, the New Jersey Family Leave Act, and the New Jersey Temporary Disability Law. The changes are aimed at making job-protected leave and paid benefits available to more employees amid the current COVID-19 epidemic. By way … Continue Reading

Supreme Court confirms race discrimination claims under section 1981 require “but-for” causation

On March 23, 2020, in Comcast Corp. v. National Association of African American Owned Media, the Supreme Court resolved a circuit split on whether discrimination claims brought under section 1981 require “but-for” causation or whether they can be analyzed under Title VII’s “motivating factor” test. The Court confirmed “but-for” causation is required. The plaintiff in … Continue Reading

DOL issues FFCRA notice poster

Yesterday the Department of Labor (DOL) issued the required poster that employers subject the Families First Coronavirus Response Act (those with fewer than 500 employees) must place on their premises to satisfy the employees of rights requirement under the Act. Since a vast majority of employees are now working remotely, the DOL has advised that … Continue Reading

Virginia’s response to COVID-19: temporary closure of recreational and entertainment businesses, restrictions on other non-essential businesses and school closures

As part of Virginia’s ongoing response to COVID-19, on March 23, 2020, Governor Ralph Northam issued Executive Order 53 temporarily closing recreational and entertainment businesses and restricting certain other non-essential businesses statewide. The order also bans gatherings of more than 10 people and closes K-12 schools for the remainder of the academic year. These closing … Continue Reading
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