Workforce Bulletin

Featured in #WorkforceWednesday: This week, Virginia became the first state to issue workplace safety standards, but with guidance still varying widely, many nationwide businesses have begun requiring masks.

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On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published new guidance for businesses reopening amid the COVID-19 pandemic. The guidance is in the form of additions to the WHD’s existing Frequently Asked Questions (“FAQs” or “Guidance”) and addresses issues arising under two leave laws—the Family and Medical Leave Act (“FMLA”), and the Families First Coronavirus Response Act (“FFCRA”)—and wage and hour matters governed by the Fair Labor Standards Act (“FLSA”).

New FMLA FAQs

The WHD added the ...

In recent years, wage discrimination has been a hot topic and with it, the question of whether employers may rely on a worker’s salary history to justify a pay disparity between male and female employees. In a 2018 case involving the federal Equal Pay Act (“EPA”), Rizo v. Yovino, (about which we wrote here), the U.S. Court of Appeals for the Ninth Circuit (“Ninth Circuit”) ruled that employers may not rely on prior salary to excuse unequal pay. On petition, the Supreme Court vacated the decision and remanded the case on a technical ground (i.e., because the judge who ...

Tracking diversity and inclusion efforts on a global basis is often a challenging task for in-house legal, human resources, and diversity and inclusion teams.  While employers may be interested in collecting applicants’ and/or employees’ diversity information for worthy reasons, such an effort is a fertile ground for potential litigation involving data privacy violations and discrimination claims.

Risks of Violating Data Privacy Requirements

Globally, diversity information typically constitutes personal data (and, in many jurisdictions, sensitive personal ...

Featured in #WorkforceWednesday: Employers are encouraging employees to use their vacation time this summer to avoid a crush of end-of-year vacations. But what happens when an employee vacations in a COVID-19 “hotspot”?  Attorney Nancy Gunzenhauser Popper explains.

As employers begin to develop and implement plans for reopening and staff return to the workplace, they should be mindful of industry-specific requirements and guidance, which may apply where they operate.  Following are some examples that typify the sorts of industry-related requirements various states and municipalities have implemented:

• Connecticut’s reopening requirements for hotels and restaurants overlap, but are not identical. For example, both hotels and indoor sections of restaurants may welcome guests at up to 50 percent capacity, and both require that ...

On July 13, 2020, the New York City Health Department released a COVID-19 Face Coverings Frequently Asked Questions document (“FAQs”), encouraging anyone in New York City to wear a face covering in any indoor setting that is not their home, even if proper social distancing, i.e., 6 feet of separation, can be maintained.  The recommendation comes as the City continues to reopen and more people are returning to the workplace.

The FAQs reiterate New York State’s requirement (per various Executive Orders) that face coverings be worn at all times when unable to maintain proper social ...

As featured in #WorkforceWednesday: The latest FAQs from OSHA recommend wearing face masks, among other suggestions, for employees returning to work. Attorney Robert J. O'Hara discusses the significance of OSHA’s decision to issue recommendations, rather than guidance, and how rules on face masks in the office may differ at the state and local levels.

Video: YouTube, Vimeo, MP4.

On June 15, 2020, and June 24, 2020, New York Governor Andrew Cuomo issued two Executive Orders (“EO”) numbers 202.45 and 205, which address COVID-19 travel-related restrictions. EO 202.45 temporarily modifies New York State’s pandemic-related Sick Leave Law to prohibit employees from receiving paid sick leave benefits if, as of June 25, 2020, they travel to a “restricted state” for non-work related reasons and contract COVID-19. EO 205 (the “Travel Advisory”) imposes a 14-day quarantine requirement on travelers from a “restricted state” entering New York ...

As summer kicks into high gear, and the Americans with Disabilities Act's 30th anniversary looms large at the end of this month, businesses in many jurisdictions are in the process of gradually reopening to the public.

And if the long and difficult spring wasn't trying enough, businesses now face yet another challenge — balancing maintaining the safety of employees and patrons against complying with Title III of the ADA, and applicable state and local laws, which can significantly vary depending on the jurisdiction.

While in many ways the world keeps changing, some things never ...