Workforce Bulletin

Consumer complaints regarding alleged price gouging have been increasing as the COVID-19 pandemic continues. Generally, price gouging occurs when there unreasonable increase the price of a consumer good (or service) during a public emergency. Although we are facing a national emergency, except for a March 23, 2020, executive order issued by President Trump prohibiting hoarding and price gouging of certain critical supplies, there is no federal price gouging law. Although there are proposal pending in Congress to more broadly prohibit price gouging, currently, the issue is ...

In March 2020, as the severity of the COVID-19 pandemic in the United States began to emerge, state and local governments took historic steps to shut down all nonessential activity in their jurisdictions.  As of April 20, “at least 316 million people in at least 42 states, three counties, 10 cities, the District of Columbia and Puerto Rico” were subject to some form of a government order or proclamation calling for all nonessential workers to stay-at-home (except for necessary trips to places such as pharmacies and grocery stores).  Whereas these critical shelter-in-place ...

As featured in #WorkforceWednesday: The COVID-19 pandemic has created a sudden imbalance in the labor market. While many employers are implementing layoffs or furloughs, other “essential” businesses are searching for additional employees to meet demand. Attorneys Nathaniel Glasser and Ian Carleton Schaefer discuss how employers can use creative approaches to address this imbalance. Read more about the strategies for employers (subscription required).

Video: YouTube, Vimeo, MP4, Instagram.

On the heels of adding Return to Work guidance to its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Law” (discussed  here),  on April 23, 2020 the Equal Employment Opportunity Commission (“EEOC”) issued an update addressing COVID-19 testing by employers. This latest guidance acknowledges that COVID-19 presents a direct threat to the health of others sufficient to justify testing.  It cautions, however, that employers should only use tests that are “accurate and reliable.” Specifically ...

As we previously reported, last year, New York State expanded its election leave law to allow employees more paid time off if needed in order to vote on Election Day (increasing the paid time off from two to three hours). However, in the State’s 2020-21 budget, signed by Governor Andrew M. Cuomo on April 3, 2020, new amendments to New York’s Election Leave Law (Election Law § 3-110) (the “Law”) undo the changes implemented by last year’s legislation and essentially reinstates the prior time-off rules, which provide that if an employee is a registered voter without ...

President Trump Signs Executive Order to “Temporarily Suspend Immigration into the United States”

On April 20, 2020, President Trump tweeted, “In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens, I will be signing an Executive Order to temporarily suspend immigration into the United States!” The vague tweet triggered many questions and concerns as to the scope of the immigration suspension and the impact it would have on many foreign nationals and their respective U.S. employers.

On the afternoon of April 22 ...

On April 16, 2020, California Governor Gavin Newsom signed Executive Order N-51-20  (“Executive Order”), mandating supplemental paid sick leave for food sector workers at companies (i.e., “Hiring Entities”) with 500 or more employees. The Executive Order should help fill a gap for essential food sector workers left open under the federal Families First Coronavirus Relief Act ("FFCRA") (previously discussed here).

The Executive Order is effective immediately and remains effective during any statewide stay-at-home order. Like the recently enacted Supplemental paid ...

The U.S. Department of Labor (DOL) recently published three Unemployment Insurance Program Letters (UIPLs) offering guidance on the administration of separate sections of the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act,” that provide for expanded unemployment insurance benefits. While the UIPLs are directed to state agencies, the UIPLs contain helpful information for employers.

UIPL 15-20

UIPL 15-20 provides guidance on the administration of section 2104 of the CARES Act, which authorizes Federal Pandemic Unemployment Compensation (FPUC ...

Recently, the U.S. Securities and Exchange Commission’s (“SEC”) Office of Compliance Inspections and Examinations (“OCIE”) issued a Risk Alert to provide broker-dealers with guidance on examinations regarding regulation Best Interest (“Reg BI”).  Reg BI requires that when broker-dealers make a recommendation regarding securities to a retail customer it must act in the best interest of the customer, without placing its own financial or other interest ahead of the retail customer’s interest.  The Financial Industry Regulatory Authority (“FINRA”) also ...

On April 17, 2020, the Equal Employment Opportunity Commission (“EEOC”) once again updated its technical assistance for employers, titled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”

Previously, the EEOC (i) on March 17, 2020, issued initial guidance on COVID-19 in a series of Frequently Asked Questions (“FAQs”) (discussed here) (ii) on March 19, updated its publication titled “Pandemic Preparedness in the Workplace and the Americans With Disabilities Act,” to address issues specifically concerning ...