While much attention is currently focused on whether Congress will extend, in whole or in part, the emergency $600 increase in unemployment insurance benefits (“UI”) that, until July 31, 2020, had been provided by the CARES Act (“Act”), the U.S. Department of Labor (“DOL”) is continuing to address questions about the other expansions of UI benefits under the Act, most recently, in an advisory letter issued on July 21, 2020 by the DOL’s Employment and Training Administration office (“ETA”). Of particular note, the latest ETA advisory letter instructs that an ...
As featured in #WorkforceWednesday: California provides a detailed COVID-19 employer playbook, and a federal judge vacated parts of the Department of Labor’s Families First Coronavirus Response Act rule.
On July 27, 2020, Virginia became the first state in the nation to implement workplace safety and health standards for COVID-19. The Safety and Health Codes Board adopted § 16VAC25-220, an Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (the “Temporary Standard”), which is designed to supplement and enhance existing Virginia Occupational Safety and Health (“VOSH”) laws, rules, and regulations that may apply to the prevention and control of COVID-19 in the workplace. Virginia imposed these standards because ...
As we previously reported, the COVID-19 pandemic has affected employers and employees across the globe. Since the outbreak of COVID-19, governments have implemented measures to address the economic impact of the pandemic, including job retention schemes and promoting remote work. Many employers have reconsidered the need for employees to return to the office at all. In response, Barbados and Estonia have taken a dynamic approach to these changes and have introduced digital nomad visas that allow individuals to live in the country while they work for foreign employers.
Digital ...
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 ...
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 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.
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 ...
[Update: Governor Murphy has extended the public health emergency several additional times, and it is now in place until approximately January 20, 2021.]
On July 2, 2020, New Jersey Governor Phil Murphy signed Executive Order 162 (“EO 162”) extending the state’s Public Health Emergency by thirty days, i.e., until approximately August 2, 2020. Pursuant to EO 162, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will ...
Trump Administration Amends Presidential Proclamation That Temporarily Suspends New H-1B, H2B, J-1, and L-1 Visa and Travel from Abroad
On June 29, 2020, the Trump administration issued an amendment to Section 3(a)(ii) of Proclamation 10052 (“Proclamation”) to suspend and limit foreign nationals attempting to enter the United States in H-1B/H-2B/H-4, L-1/L-2, or J-1/J-2 employment-based nonimmigrant visa categories.
The original language in the Proclamation read as follows:
Sec. 3. Scope of Suspension and Limitation on Entry. (a) The suspension and limitation on ...
As featured on #WorkforceWednesday: This week, we finally have some guidance from the Occupational Safety and Health Administration (OSHA), and big employment law changes in Virginia go into effect.
Update: On August 3, 2020, Gov. Murphy signed Executive Order 173 retightening restrictions on permissible indoor gatherings to 25% of a room’s capacity, with a maximum of 25 individuals. The new limit does not apply to weddings, funerals, memorial services and religious and political activities protected under the first amendment. These gatherings will remain to 25% capacity and 100 maximum attendance.
On June 22, 2020, New Jersey Governor Phil Murphy issued Executive Order 156 (“EO 156”), which, effective immediately, increases the permissible number of attendees at ...
Last week, Illinois moved in to “Phase 4” of the state’s five-stage Restore Illinois Plan (the “Plan”). As part of this transition, the Illinois Department of Commerce and Economic Opportunity issued updated, industry-specific Phase 4 Guidelines (the “Guidelines”).
From an employer compliance standpoint, the transition from Phase 3 to 4 is not a radical change. Rather, the transition primarily involves loosened restrictions for already open businesses, and the reopening of additional industries (such as indoor recreation facilities like bowling alleys and ...
For the last two weeks, Texas is continuing to break records for daily coronavirus cases and hospitalizations. According to the Texas Department of State Health Services, on June 23, 2020 Texas had the highest daily number of COVID-19 cases (5,489) since the pandemic began, and for twelve consecutive days had record-high hospitalizations. Also on Wednesday, June 23rd, Houston Mayor Sylvester Turner said 97% of the intensive care unit beds in Houston are filled. Governor Abbott acknowledged this week that there is a massive outbreak of COVID-19 across the state of Texas, and ...
Employers’ engagement and use of various types of vendors has expanded recently, to include vendors who assist with office re-entry screening and contact tracing as employees return to work during the COVID-19 pandemic. The service agreements that are negotiated and executed for this purpose should sufficiently address data privacy and security considerations related to employee personally identifiable information (PII). This is necessary for any service provider or vendor agreement. In the absence of a federal law governing data security and breach notification of ...
On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”). The Commission’s recent updates have focused on return-to-work issues (e.g., see June 11, 2020 Guidance update). This latest update advises employers that, at least for now, requiring employees to undergo antibody testing before re-entering the workplace violates the Americans with Disabilities Act (the “ADA”).
In reaching its conclusion, the EEOC relied on recent Interim ...
On June 13, 2020, New Jersey Governor Phil Murphy signed Executive Order 154 (“EO 154”), permitting the reopening of “personal care service facilities,” at 6:00 a.m. on June 22, 2020, provided the facilities comply with mandated social distancing and other health safeguarding requirements. Specifically, EO 154 covers, “cosmetology shops; barber shops; beauty salons; hair braiding shops; nail salons; electrology facilities; spas, including day spas and medical spas, at which solely elective and cosmetic medical procedures are performed; massage parlors ...
On June 9, 2020, Governor Ralph Northam announced that Northern Virginia and Richmond will join the rest of the state in entering Phase Two on June 12, 2020, taking the next step to reopening the region. Governor Northam’s Executive Order 65 further eased temporary restrictions throughout most of the Commonwealth of Virginia, initiating the “Safer at Home: Phase Two” strategy on June 5, 2020.
As we previously wrote, the Northern Virginia Region and Richmond entered Phase One on May 29, 2020. In Phase Two, most of the restrictions remain fairly similar to Phase One reopening ...
Along with many European countries, the COVID-19 pandemic has affected employers and employees in Luxembourg. On March 17, 2020, the Government of Luxembourg issued a State of Emergency until June 25, 2020 and implemented several measures and guidance to prevent the spread of COVID-19. Luxembourg’s population of approximately 625,000, reportedly has 4,040 confirmed cases of COVID-19, 110 COVID-19 fatalities and 3,901 individuals who have recovered from the coronavirus.
Similar to other European jurisdictions, Luxembourg provides employers and employees with ...
Citing the continuing need to protect the New Jersey residents from COVID-19 (even as the state ramps up its reopening), on June 4, 2020, New Jersey Governor Phil Murphy signed Executive Order 151 (“EO 151”) , extending the state’s Public Health Emergency by thirty days, i.e., until July 4, 2020. Pursuant to EO 151, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health ...
Child care centers, day camps, some organized sports, outdoor dining and indoor non-essential retail are the latest business and activities that soon can start reopening (with limitations) pursuant to two Executive Orders signed last week by New Jersey Governor Phil Murphy.
Executive Order 149 – Child Care Centers, Day Camps, Organized Sports
On May 29, 2020, Gov. Murphy signed Executive Order 149 (“EO 149”) , to allow the re-opening (with restrictions and guidelines) of all child care centers and other child care facilities, day camps and the operation of non-contact ...
On Friday, June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (the “Act”), which relaxes various rules under the Coronavirus Aid, Relief, and Economic Security Act’s (the “CARES Act”) $670 billion Paycheck Protection Program (the “PPP” or “Program”) managed by the U.S. Small Business Administration (“SBA”). The PPP provides forgivable loans to small businesses to keep their workers on the payroll during the COVID-19 pandemic.
The Act is the first major statutory overhaul of the PPP, which has been ...
As we previously reported, in response to the COVID-19 pandemic, the Indian government invoked special provisions of the Disaster Management Act, 2005 (the “DMA”) to implement a series of orders under the DMA (“Orders”) imposing a nationwide lockdown. The Indian national lockdown went into effect on March 25, 2020 and was extended several times, until May 31, 2020.
The initial lockdown Orders included strict directives for employers. The employment provisions of the orders (the “Employment Provisions”) prohibited employers from terminating any employees or ...
As featured in #WorkforceWednesday: To support employee mental health, employers have important tools available, such as telemental health benefits, vacation, leave, and the interactive accommodation process. Watch for a few quick tips.
On May 19, 2020, the U.S. Department of Labor issued two COVID-19 related Enforcement Memos to provide updated guidance to OSHA investigators: (1) Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (“Revised Recordkeeping Guidance”), which reinstates employers’ recordkeeping obligations for COVID-19 cases (29 CFR Part 1904) and (2) Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) (“Updated Enforcement Response Plan Guidance”), which generally returns to pre-COVID investigation ...
On May 13, 2020, New Jersey Governor Phil Murphy issued Executive Order 142 , which allows for the resuming of non-essential construction projects (subject to certain conditions and restrictions), the reopening of retail businesses (curbside pickup only) and permitting public gatherings of more than 10 people so long as attendees stay in closed (or socially distant) vehicles. Some of the provisions of Executive Order 142 take effect immediately, and others at 6:00 a.m. on Monday, May 18, 2020.
Non-Essential Construction
Previously, Gov. Murphy permitted the operation of ...
We previously have described certain country-specific initiatives to re-open the economy, and we have provided insights on issues that employers should consider when employees are allowed to return to the workplace. Over the past several weeks, some local governments around the globe have begun slowly to initiate progressive measures to revise and even rescind COVID-19 emergency legislation, orders and lockdowns. These governments now are grappling with workplace-specific issues. As such, employers must determine how to maintain their duty of care to all employees and to ...
Plan participants and their beneficiaries may now have extra time to exercise some of their rights under the employee benefit plans in which they participate. On April 28, 2020, the Department of Labor, the Internal Revenue Service, and the Department of the Treasury issued a joint notice extending certain timeframes applicable to employee benefit plans. The joint notice was published as a final rule in the Federal Register on May 4, 2020 (“Final Rule”), issued pursuant to Section 518 of the Employee Retirement Income Security Act of 1974, as amended (“ERISA”), as recently ...
As featured in #WorkforceWednesday: As employers continue to navigate the COVID-19 pandemic, many executives are taking pay cuts or forgoing pay to help businesses stay afloat. This is affecting executive contracts and compensation packages, and could result in significant changes in the future. Attorneys Gretchen Harders and Rina Fujii tell us more.
On May 5, 2020, and again on May 7, the Equal Employment Opportunity Commission (the “EEOC”) updated its technical assistance for employers, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.”
The EEOC has updated its guidance multiple times since the beginning of the COVID-19 pandemic. Most recently, on April 17, the EEOC provided guidance on employers’ reasonable accommodation obligations under the Americans with Disabilities Act (the “ADA”) and included a section on “Return to Work” issues (discussed here). On ...
On May 6, 2020, New Jersey Governor Phil Murphy signed Executive Order 138, in which he extended the Public Health Emergency by 30 additional days, until June 5, due to the continuing need to protect the health, safety and welfare of New Jersians from COVID-19. Executive Order 138 also states that all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect.
Gov. Murphy originally declared both a State of ...
Many more millions of employees have been working remotely as a result of the devastating COVID-19 virus than ever before. There is likely no going back. Employers have been relying on a remote workforce by necessity in the short term and are realizing that in the long term they can operate efficiently and productively with their staff largely out of the office. The public health risks will, for the foreseeable future, be the driver both on employers’ need for a remote workforce to achieve continuity of operations and employees’ demand for a safer work location. The increased ...
Effective April 17, 2020, the Connecticut Department of Economic and Community Development (DECD) significantly revised its recently issued Safe Workplace Rules for Essential Employers (the “Rules”). Specifically, the Rules have been updated to include a requirement that all employees of essential businesses wear masks while working. The DECD’s original rules did not contain any provision regarding masks. Now, the DECD has significantly modified the mask requirements as follows:
- Employees of essential businesses are required to wear a “mask or other cloth ...
On April 29, 2020, the Los Angeles City Council simultaneously passed two ordinances in response to COVID-19 that could potentially have long lasting and far reaching impacts on applicable businesses: the Right of Recall Ordinance and the Worker Retention Ordinance. The Mayor has until May 11, 2020, to act on both of the ordinances. These ordinances, pending approval of the Mayor, will be effective 31 days from their publication date.
Right to Recall Ordinance:
While the true impact of the ordinance remains to be seen, the City Council’s claimed purpose behind the Right of Recall ...
New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued orders this week lifting some closures and reiterating or clarifying others, as follows.
Administrative Order 2020-10
On April 27, 2020, in Administrative Order 2020-10 (“A.O. 10”) , Col. Callahan clarified and amended Executive Order 107 (which we wrote about here). A.O. 10, which became effective immediately, permits the reopening of certain business operations now deemed “essential retail business,” ...
The COVID-19 pandemic and the efforts to limit its spread caused a sudden and dramatic shutdown of large sections of the U.S. economy. Governmental shelter in place orders requiring non-essential businesses to temporarily close forced untold numbers of businesses to furlough or terminate most, and in many cases all, of their employees with little or no warning. For larger employers, mass layoffs and terminations of operations such as these, would normally trigger notification requirements under the federal Worker Adjustment and Retraining Notification (“WARN”) Act (as ...
Epstein Becker Green’s Employee Benefits and Executive Compensation practice is proud to present a new "Benefits Guidance in the Time of COVID-19" webinar series. You can access these courses on your own schedule. Keep up to date with a range of benefits and compensation considerations, or obtain an overview of an important topic impacting your company.
Each webinar of this limited series will be uploaded to the firm’s Coronavirus Resource Center as well as the Employee Benefits and Executive Compensation practice page. If you would like a list of the final episodes ...
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).
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 ...
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 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 ...
As we previously reported, the COVID-19 pandemic has altered the global workplace and international employer-employee relations in profound ways. As COVID-19 continues to spread, countries have enacted nationwide orders, requiring billions of people to stay at home. Recently, in an effort to continue to slow the spread of COVID-19, several countries have extended national stay-home orders. The ordered restrictions vary according to jurisdiction specific reasons.
On April 15, 2020, Belgium’s National Security Council (“NSC”), which includes Prime ...
On April 14, 2020, New Jersey Governor Phil Murphy signed into law a new amendment (“New Amendment”) to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act, commonly referred to as the New Jersey WARN Act (“NJ WARN Act”), which was modified in January of this year, to among other things, require payment of severance to eligible employees who suffer a NJ WARN Act covered termination of employment and to require 90 days’ notice of such terminations (the “January Amendment,” which we discussed previously here).
The New Amendment, which was driven by ...
On April 14, 2020, New Jersey Gov. Phil Murphy signed legislation (S2374) (the “Law”), amending the New Jersey Family Leave Act (“NJFLA”) leave. Under the Law, which repeals and replaces a March 25, 2020 amendment to the NJFLA about which we wrote here, eligible employees will be entitled to job protected leave to care for a family member as a result of an epidemic of a communicable disease, or efforts to prevent spread of a communicable disease, which:
(a) requires in-home care or treatment of a child due to the closure of the school or place of care of the child of the employee, by ...
On April 13, 2020, the Occupational Health and Safety Administration (“OSHA”) of the U.S. Department of Labor (“DOL”) issued an industry-specific alert for the package delivery industry during the COVID-19 pandemic.
The alert provides guidance tailored to the package delivery industry, but it is equally useful for any company using its own employees to deliver goods to customers or clients.
OSHA recommends the following:
- Encourage workers to stay home if they are sick.
- Establish flexible work hours (e.g., staggered shifts) where feasible.
- Practice sensible social ...
On April 13, 2020, the Occupational Safety and Health Administration (‘OSHA”) of the U.S. Department of Labor issued a guidance memorandum (“Memorandum”) to its Area Offices and compliance safety and health officers for handling COVID-19 referrals, complaints, and severe illness reports.
The Memorandum articulates the procedures OSHA will use to prioritize enforcement responses, and details measures for protecting OSHA employees from the workplace hazard of SARS-CoV-2 (severe acute respiratory syndrome coronavirus 2), i.e., the virus causing the current ...
On April 7, 2019, Governor Lamont issued Executive Order 7V (“Order 7V”), requiring that “[e]very workplace in the State of Connecticut shall take additional protective measures to reduce the risk of transmission of COVID-19 between and among employees, customers, and other persons such as delivery drivers, maintenance people or others who may enter the workplace.” Order 7V, available here, directed the Department of Economic and Community Development (DECD) and the Department of Health (DPH) to issue “legally binding statewide rules” prescribing additional ...
On April 10, 2020, the District of Columbia enacted the COVID-19 Response Supplemental Emergency Amendment Act of 2020 (D.C. Act 23-286) (the “Emergency Act”). Among other things, Section 103 of the Emergency Act amends the Accrued Sick and Safe Leave Act of 2008 (“ASSLA”) to require employers with between 50-499 employees to provide paid declared emergency leave (“DOE Paid Leave”) for any reason allowed by the federal Families First Coronavirus Response Act (“FFCRA”). The Emergency Act is effective immediately and will remain in effect through July 9, 2020 ...
As we previously reported, Texas cities have responded to the COVID-19 pandemic by issuing “Stay at Home” Orders, essentially halting all non-essential business operations that cannot be conducted remotely. As a result, many workers have been furloughed, laid off, or terminated, and are in the process of seeking monetary relief through unemployment insurance (“UI”) benefits. As of today, the Texas Workforce Commission (“TWC”) has helped more than 1.2 million Texans apply for unemployment benefits since March 14, 2020, and paid out more than $400 million in ...
As we previously reported in our “Summary of OSHA Guidance on Preparing Workplaces for COVID-19,” the U.S. Department of Labor (“DOL”) has provided detailed directions for employers with respect to ensuring an OSHA-compliant workplace during the COVID-19 pandemic. On April 10, 2020, the DOL issued a memorandum providing interim guidance on enforcement of OSHA’s recordkeeping requirements (29 CFR Part 1904) as they relate to recording cases of COVID-19. The memorandum, which is “intended to be time-limited to the current public health crisis,” became effective ...
On April 9, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued its latest guidance (“Guidance”) for employers on how to ensure compliance with their obligations under federal antidiscrimination laws during the COVID-19 pandemic. As we previously reported, the EEOC’s initial guidance on COVID-19 was released on March 17, 2020, as a series of Frequently Asked Questions (“FAQs”). Two days later, the agency updated its publication titled “Pandemic Preparedness in the Workplace and the Americans with Disabilities Act” (“ADA” ...
On April 8, 2020, New Jersey Governor Phil Murphy signed Executive Order No. 122 (“Order 122”) requiring certain businesses that are permitted to remain open (as set forth in his prior Executive Order 107, about which we wrote about here, and other prior Orders) take specific steps to protect employees and customers from COVID-19, and directing the cessation of all non-essential construction projects. Three days later, on April 11, 2020, Gov. Murphy signed Executive Order No. 125 (“Order 125”) requiring NJ Transit and private bus and rail companies to limit rider capacity ...
On March 23, 2020, shortly after the Governors of California, New York, Connecticut and New Jersey issued orders closing non-essential businesses, we recommended that businesses review their insurance policies to determine if they had either business interruption coverage or civil authority coverage that might be available to lessen the economic blow of COVID-19. As explained here, business interruption coverage generally allows a business to recover certain losses in the event that the business suffers physical damage or loss that prevents it from operating its business ...
As featured in #WorkforceWednesday: With all the challenges businesses are facing, it is hard to stay focused on data security. Hackers see the newly remote workforce as an opportunity, and phishing attacks are on the rise. Employers can fight back in a few ways:
- Educate employees.
- Update training materials and work-from-home policies.
- Get security patches to employee devices quickly.
- Update your data breach response plan and communicate it.
- Remind your employees to help keep data secure by password-protecting devices with strong passwords and protecting sensitive ...
As we previously reported, the COVID-19 pandemic has altered the global workplace and international employer-employee relations in profound ways. As COVID-19 continues to spread, countries are enacting legislation and issuing guidance to support employers and employees as they confront the global crisis. In particular, Brazil, with a population of over 211 million, and India, with a population of approximately 1.3 billion, each has enacted measures to combat the ongoing economic and financial troubles caused by the COVID-19 pandemic.
Specifically, Brazil has issued ...
As the COVID-19 state of emergency continues, businesses are implementing and considering a variety of employee-related measures to manage the impact of the crisis. While some businesses may avail themselves of payroll protection programs and loans to maintain the status quo, others may be faced with having to implement reductions-in-force (RIFs), furloughs and layoffs. Added to this, employers may be faced with larger numbers of leaves of absence both because of COVID-19-related health and family care reasons, but also when certain workers have been called to duty. The ...
UPDATE: On August 10, 2020, the NJDOL formally adopted the temporary rule without change.
On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (“Law”) prohibiting employers from taking any adverse employment action against employees who take, or request, time off due to an infectious disease that could affect others at work based on a written recommendation of a New Jersey licensed medical professional. The Law, which we summarized in a previous article, became effective upon enactment.
On April 1, the New Jersey Department of Labor and Workforce Development ...
The U.S. Department of Labor has again updated its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” This post summarizes the most recent Questions and Answers. Previous summaries can be found here and here.
Some of the newest answers include the following:
- Question 60: Clarifies that shelter-in-place and stay-at-home orders can qualify as federal, state, or local quarantine or isolation orders for purposes of leave under FFCRA.
- Question 61: Clarifies that an individual is eligible for paid sick ...
The COVID-19 pandemic has altered the international workplace and international employee-employer relations in profound ways. As employees now work from home in significant numbers around the globe, multinational companies have suddenly been confronted with managing issues they may not have previously prioritized. Matters such as outfitting employees’ homes with the necessary technology to stay connected with clients and coworkers, and ensuring that employees receive sufficient ergonomics support and training to maintain a safe and healthy home office space, now are ...
As featured in #WorkforceWednesday: Last week, Congress passed and President Trump signed the CARES Act, a $2+ trillion stimulus law, which is the largest stimulus in U.S. history. Attorney Paul DeCamp discusses how this law could benefit certain employers during this unprecedented time in the following video interview.
On March 30, 2020, New Jersey Governor Phil Murphy and Superintendent of the State Police Colonel Patrick Callahan (who also acts as the State Director of Emergency Management) issued Administrative Order 2020-6 providing additional guidance regarding how certain businesses may operate under Gov. Murphy’s Executive Order 107 (which we wrote about here). The Administrative Order clarifies and directs that:
- Individual appointments to view real estate with realtors by individuals or families shall be considered essential retail business, but that open houses are still ...
In a matter of weeks, COVID-19 has changed the workplace. Travel restrictions, shelter-in-place orders, and mandatory closures have meant that it is far from business as usual for nearly all employers. The unprecedented events of the last few weeks have forced many employers, facing major business disruptions or closures, to make tough decisions about hiring, layoffs, furloughs, and compensation.
Some of these employment decisions may implicate written employment contracts and collective bargaining agreements that contain “force majeure” clauses that excuse ...
A post on the Health Law Advisor blog will be of interest to many of our readers: “Coronavirus and Cash Shortfalls – What Can You Do to Mitigate the Effects of Coronavirus on Your Organization’s Financial Health?,” by attorney of Epstein Becker Green.
Following is an excerpt:
The coronavirus is having a direct effect – financial and otherwise – on nearly every business. While the long-term effects of the global pandemic will be significant and far-reaching, the short-term financial consequences to businesses, due to expected cash shortfalls, could ...
On March 13, 2020, Governor Greg Abbott declared a State of Disaster in Texas due to COVID-19. Subsequently, on March 19. 2020, Governor Abbott issued a Public Health Disaster Declaration, and an Executive Order, which, among other things, prohibited congregating in groups consisting of more than ten people, and closed all Texas restaurant dining rooms [1] bars, gyms and schools, effective March 20, 2020. Governor Abbott has refrained from issuing a statewide shelter-in-place order, and has instead left the decision up to city and county leaders. In the days that followed, and ...
New York State has issued guidance in the form of Frequently Asked Questions (“FAQs”) regarding the State’s new COVID-19 Leave Law (the “Law”). As we have reported, the Law requires New York employers to provide certain employees who are under a COVID-19-related quarantine or isolation order with either paid or unpaid sick leave, depending on the employer’s size and net income. The FAQs provide answers to more than 30 questions regarding the Law’s mandates on benefits, eligibility, the application process, disputes, and the complaint process.
For example, the FAQs ...
[Updated on April 29, 2020]
On March 25, 2020, by signing legislative bill S2304 into law, Governor Philip Murphy expanded the availability of benefits under the state’s Temporary Disability Insurance (“TDI”) and Family Leave Insurance (“FLI”) programs to employees impacted by epidemic-related illnesses such as COVID-19. The new law (“Law”) provides numerous key changes to the existing statutory scheme for state-issued disability insurance benefits, family leave insurance benefits, and use of accrued paid sick time.
Expanded Permissible Uses for Earned ...
The Families First Coronavirus Response Act (the “Act”), which we detailed in a previous Advisory, requires private employers with fewer than 500 employees (“covered employers”) to provide paid sick leave (“Emergency Paid Sick Leave”) and family leave (“Public Health Emergency Leave”) for certain COVID-19 related absences and includes a tax credit for employers for the cost of the paid leave.
As covered employers prepare to meet these requirements, questions have arisen related to the payroll tax relief associated with these payments. This update addresses ...
On March 24, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) issued initial guidance (“Guidance”) on the Families First Coronavirus Response Act (“FFCRA” or the “Act”), which we detailed in a previous Advisory. In short, the Act requires private employers with fewer than 500 employees (“covered employers”) to provide paid sick and family leave for certain COVID-19 related absences and includes a tax credit for employers for the cost of the paid leave.
The Guidance comprises (i) a Fact Sheet for Employers, (ii) a Fact Sheet ...
[Updated on April 17, 2020]
As temporary layoffs and furloughs become more prevalent during the COVID-19 outbreak, employers have been asking whether they may allow employees to take hardship distributions under their Section 401(k) plans for expenses and losses resulting from COVID-19.
Under the IRS hardship distribution final regulations, employers were permitted to add a new safe harbor hardship category that would allow an employee to take a hardship withdrawal to cover expenses and losses (including loss of income) incurred by the employee on account of a disaster declared ...
The Connecticut Department of Labor issued guidance entitled “Frequently Asked Questions About Coronavirus (COVID-19) For Workers and Employers” (last updated on March 20, 2020 (the “Guidance”). The Guidance provides no new legal requirements or amendments to existing laws, but instead, analyzes issues raised by the COVID-19 pandemic under existing laws in the areas of unemployment insurance, paid sick leave, wage and hour law and the Connecticut Family and Medical Leave Act (“CTFMLA”).
Unemployment Insurance Benefits for Shut Downs and Quarantines
The ...
The Illinois “Stay at Home” Order took effect at 5:00 p.m. on March 21, 2020, and will last through April 7 (full text here). This post will briefly summarize the Order’s application to Illinois businesses, and then provide a one-stop-shop index pointing you to Epstein Becker & Green, P.C. (“EBG”) and governmental resources to help you comply with existing and COVID-19-specific federal, state, and local regulations.
What Does “Stay at Home” Mean for My Business?
The Order requires “all individuals currently living within the State of Illinois” to “stay at home ...
On Monday March 23, 2020, President Donald Trump signed an executive order aimed at preventing hoarding and price gouging. Attorney General William H. Barr indicated that the order is authorized under the Defense Protection Act, which allows the United States to compel private industry to assist in meeting national defense needs in response to national emergencies.
The new executive order empowers the Health and Human Services Secretary to designate supplies as “critical.” Hoarding – accumulating quantities beyond those reasonable to satisfy personal or business needs ...
Department of State Suspends Routine Visa Services
On March 20, 2020, in response to significant worldwide challenges related to the novel coronavirus (“COVID-19”) pandemic, the Department of State announced that routine visa services will be temporarily suspended at all U.S. embassies and consulates. Further, embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments. Please note that services will continue to be available to U.S. citizens, and applicants with an urgent matter and need to travel immediately should follow the ...
Joining California, Delaware, Illinois, Louisiana, Massachusetts, New Jersey, New York, Ohio, as well as multiple counties and cities, on March 23, 2020, Michigan’s Governor Gretchen Whitmer issued Executive Order 2020-21 (COVID-19) (“Order”), ordering that all Michigan residents “shelter in place” in response to the novel coronavirus (“COVID-19”), effective 12:01 a.m. on Tuesday, March 24, 2020, and continuing through April 13, 2020, at 11:59 p.m.
Among other things, the Order prohibits an employer from requiring its workers to leave their homes, unless ...
On Saturday, March 21, 2020, New Jersey Governor Phil Murphy signed two Executive Orders to bring state-wide consistency to the mandated restrictions and closures arising from the COVID pandemic. The first, Executive Order 107 (Order 107) requires all nonessential New Jersey private businesses and nonprofits to close to the public (with certain exceptions), details restrictions and guidelines for those that are not required to close, and requires residents to stay at home unless they are engaging in excepted conduct. Order 107 supersedes and increases the prior restrictions ...
The COVID-19 pandemic has leveled a blow against businesses everywhere. The Governors of New York, California, Illinois, and Pennsylvania, for example, have ordered all non-essential businesses to close their physical locations and the California Governor has ordered all residents, except those performing essential functions, to stay home. Governors across the country have issued orders restricting various business activities. The trend is likely to continue in the coming weeks and to adversely impact the bottom line of many businesses.
Some businesses, however, may have ...
On March 20, 2020, New Jersey Governor Phil Murphy signed legislation (A3848), which bars employers from taking any adverse employment actions against employees who take, or request, time off due to an infectious disease that could affect others at work based on a written recommendation of a New Jersey licensed medical professional. It also precludes an employer from refusing to reinstate the employee to the position held when the leave commenced with no reduction in seniority, status, employment benefits, pay or other terms and conditions of employment. Although ...
On March 20, 2020, the U.S. Department of Homeland Security (“DHS”) announced that it is temporarily amending the Form I-9 verification and reverification procedures that require company representatives to physically review the original document(s) that verify U.S. work authorization.
Under INA § 274A and 8 C.F.R. § 274a, employers are required to verify original documents that confirm the work authorization of any new hire within three days of that new hire’s start date. With the 2019 novel coronavirus (“COVID-19”) pandemic, many companies have decided to ...
As we explained in an earlier post, the Colorado Department of Labor and Employment (“DLE”) has issued new Health Emergency Leave with Pay (“HELP”) Rules in response to the coronavirus. Effective March 11, 2020, the HELP Rules mandate employers provide four (4) days of paid sick leave for employees in certain industries who have flu-like symptoms to receive COVID-19 testing. The DLE has since released FAQs to clarify some ambiguities in the HELP Rules.
Four Calendar Days of Paid Sick Time
Per the FAQs, the four days of paid sick leave are measured in calendar days. This ...
As the United States and the rest of the world hunker down in their homes to slow the spread of the novel coronavirus (COVID-19), many organizations have implemented “working-from-home” procedures that are designed to protect the health of the employees. Working-from-home, however, presents heightened threats to the cybersecurity of benefit plans, including the plan’s assets and employee data that is collected, transmitted, and stored with regard to employee benefit plans. Plan sponsors and fiduciaries have asked about the particular risks that working-from-home ...
The COVID-19 global pandemic has created a multitude of business and workforce challenges for employers. In addition to addressing organizational issues, employers that sponsor employee benefit plans and plan fiduciaries must continue to manage and administer the benefit plans as well as address plan participant inquiries during these unprecedented and uncertain times.
One area where plan fiduciaries are seeking guidance concerns oversight of defined contribution plan investment options and any additional actions that they can take now with respect to monitoring such ...
A post on the Management Memo blog will be of interest to many of our readers: "Coronavirus Considerations for Employers with a Unionized Workforce," by attorneys Adam S. Forman, Michael S. Ferrell, Steven M. Swirsky, and Elizabeth "Libby" Martin of Epstein Becker Green.
Following is an excerpt:
As we have discussed in prior Advisories, the 2019 Novel Coronavirus (“Coronavirus” or “COVID-19”) public health emergency is raising important issues for employers addressing rapidly developing disruptions to the workplace and the lives of employees with mass school ...
As many employers and employees in the State of New York know, when an individual files claims for unemployment insurance benefits, New York Labor Law, Section 590, Subdivision 7, has a mandatory seven day waiting period before unemployment benefits may be paid.
On March 7, 2020, Governor Andrew Cuomo issued Executive Order No. 202.1, declaring a State disaster emergency for the entire State of New York (the “Order”). The Order, which is entitled “Suspension and Modification of Laws Relating to the Disaster Emergency,” suspends and modifies many existing laws.
This ...
On March 10, 2020, Colorado Governor Jared Polis issued an executive order directing he Colorado Department of Labor and Employment (“DLE”) to create emergency rules to “ensure workers in food handling, hospitality, child care, health care, and education can get paid sick leave to miss work if they exhibit flu-like symptoms and have to miss work awaiting testing results for COVID-19.”
The DLE issued the Colorado Health Emergency Leave with Pay (“HELP”) Rules, which mandates four days of paid sick leave for employees in certain industries who have flu-like symptoms to ...
At the time of publication, at least twenty four states, plus Washington D.C. have declared states of emergency related to the novel coronavirus (“COVID-19”), with that number growing by the hour. In addition to making more resources available to residents, in many cases, the declarations also trigger additional protections to consumers in the form of anti-price gouging laws. These laws, which automatically go into effect, are intended to prevent merchants from significantly increasing the cost of consumer goods and services during a crisis.
For instance, in New Jersey a ten ...
As featured in #WorkforceWednesday: In the event the coronavirus spreads drastically, many employers will want to implement mandatory work-from-home policies. Employers should consider various aspects of the Fair Labor Standards Act when crafting these policies. Attorney Jeffrey H. Ruzal explains best practices in the following video interview. See also his recent post on the Wage and Hour Defense Blog.
Video: YouTube, Vimeo, MP4, Instagram.
Podcast: Apple Podcasts, Google Play, Overcast, Soundcloud, Spotify, Stitcher.
Following are the top stories featured in this week's #WorkforceWednesday, from Employment Law This Week:
Employee Travel and the Coronavirus
The threat of COVID-19 is growing, and U.S. companies are on high alert. International travel by employees is an area of particular concern to employers. For more, check out our resource center at https://www.ebglaw.com/coronavirus.
NLRB Joint-Employment Rule to Take Effect
The National Labor Relations Board ...
In our new Advisory, "Responding to the Coronavirus (COVID-19) Outbreak: Update on Best Practices for Employers," we review significant developments since our January 30th Advisory.
Following is the "What Employers Should Do Now" section of the new Advisory:
- Appoint a single individual or department as the point of contact within your organization for questions about Coronavirus and to ensure a coordinated and consistent response to all inquiries.
- Provide updated information to employees about the symptoms of COVID-19 and affected areas.
- Educate supervisors on the ...
A Trending News video featured in #WorkforceWednesday: Last week, government agencies released several different coronavirus guidance documents for employers:
- The Centers for Disease Control and Prevention released general guidance as well as separate guidance for health care employers.
- The Occupational Safety and Health Administration has released general guidance and additional industry-specific guidance for health care, death care, laboratories, airline operations, border protection, and waste management.
- California’s ...
Blog Editors
Recent Updates
- Another Court Partly Blocks DEI-Related Executive Orders; U.S. Government Continues to Stay Its Course
- No Ultimatums: New York State Lawmakers Contemplate New Mandatory Provisions for Severance Agreements
- Video: Federal Contractors Alert - DEI Restrictions Reinstated by Appeals Court - Employment Law This Week
- Video: Whistleblower Challenges and Employer Responses: One-on-One with Alex Barnard
- Video: New DOL Leadership, NLRB Quorum, EEOC Enforcement Priorities - Employment Law This Week