Category: Labor & Employment

COVID-19, Labor & Employment

Keeping Employees Posted

DOL Releases Model Families First Coronavirus Response Act Notice That Eligible Employers Must Post

Written by Jeremy Mittman and Stephen Franz

On March 26, 2020 the U.S. Department of Labor (”DOL”) published the model notice that certain employers must post informing employees of their rights under the Families First Coronavirus Response Act (“FFCRA”).  Here is a copy of the notice.

The FFCRA contains COVID-19-related paid family leave and sick leave provisions which apply to private employers with fewer than 500 employees.  The FFCRA mandates that eligible employers post notice of employees’ rights under the FFCRA in “conspicuous places on the premises where notices to employees are customarily posted.”  As the FFCRA also states that the notice shall be prepared or approved by the DOL, eligible employers should post a copy of the DOL’s model notice, rather than their own notice.

The DOL also published Frequently Asked Questions addressing topics including where employers must “post” the notice if the workforce is telecommuting, how to provide notice if employees work in multiple locations, and if the notice must be translated (additional detail provided in the FAQs themselves, copied below): Continue reading “Keeping Employees Posted”

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COVID-19, Labor & Employment

Department of Labor Releases Initial Q&A for Families First Coronavirus Response Act

Department of Labor Releases Initial Q&A for Families First Coronavirus Response Act, Effective April 1, 2020

Written by Jeremy Mittman and Stephen Franz 

On March 24, 2020 the U.S. Department of Labor (”DOL”) published an initial series of “Questions and Answers” related to the Families First Coronavirus Response Act (“FFCRA”).  The FFCRA contains COVID-19-related paid family leave and sick leave provisions which apply to private employers with fewer than 500 employees.  Notably, and surprisingly, the DOL states that the FFCRA is effective on April 1, 2020.  Because the FFCRA states the leave provisions shall take effect “not later than 15 days” after the March 18, 2020 date of enactment, many assumed that the DOL would begin enforcement on April 2, 2020.  The agency did not provide any reason for this accelerated start date.

The Questions and Answers address topics including how an employer may count its employees in determining the 500-employee threshold, whether the paid leave requirements are retroactive, and how to calculate employees’ pay for leave purposes (additional detail provided in the guidance itself, copied below). Unfortunately, the Questions and Answers do not answer two of the most pressing questions facing many employers: (1) whether “shelter in place” orders are “quarantine or isolation” orders necessitating paid leave under the FFCRA; and (2) whether furloughed employees are eligible for paid leave.  Employers should expect further guidance from the DOL in the coming days, including more Q&A, which will hopefully address these critical issues. Continue reading “Department of Labor Releases Initial Q&A for Families First Coronavirus Response Act”

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COVID-19, Labor & Employment

FAQs re New Federally-Mandated COVID-19 Leave Benefits

Here is a quick reference guide to the new federal sick and family leave law. Please check back frequently for updates as we provide them.   THE BASICS AND COMMON QUESTIONS: QUESTION ANSWER What is the current status of the law? President Trump signed into law H.R. 6201, the Families First Coronavirus Response Act, on March 18, 2020. When does the law take effect? April … Continue reading FAQs re New Federally-Mandated COVID-19 Leave Benefits

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COVID-19, Labor & Employment

EEOC on COVID-19

EEOC Issues Guidance on the ADA, Rehabilitation Act & COVID-19 Written by Jeremy Mittman Last week, the Equal Employment Opportunity Commission (“EEOC”) Commission issued guidance related to the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act in light of the COVID-19 pandemic.  The EEOC specified that the ADA and Rehabilitation Act rules continue to apply, but they do not interfere with or prevent employers … Continue reading EEOC on COVID-19

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COVID-19, Labor & Employment

Families First

UPDATE: President Trump Signs Families First Coronavirus Response Act

Written by Jeremy Mittman and Stephen Franz

President Donald Trump signed the “Families First Coronavirus Response Act,” (H.R. 6201) on March 18, 2020, shortly after the Senate voted to approve the bill.  The bill will take effect on April 2, 2020.  For those who read our earlier post, the House of Representatives made a number of amendments on March 16, 2020 to the version of the bill it passed two days prior.

Continue reading “Families First”

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COVID-19, Labor & Employment

Governor Newsom Suspends Key Provisions of Cal-WARN

Written by Brian Ragen and Daniel Innamorati 

On March 17, 2020, Governor Gavin Newsom issued Executive Order EO N-31-20 suspending key provisions of the California Worker Adjustment and Retraining Notification Act (“Cal-WARN”) in the wake of the COVID-19 pandemic.

Why This Matters

The Executive Order effectively eliminates Cal-WARN’s requirement that employers provide 60 days’ notice for mass layoffs, relocations and cessations of business related to COVID-19.  These events have become widespread as business shut their doors for public health reasons, and compliance has been rendered virtually impossible in many instances.

Continue reading “Governor Newsom Suspends Key Provisions of Cal-WARN”

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COVID-19, Cybersecurity, Labor & Employment, Regulatory

Telecommuting? Buckle Up

Are Your Employees Telecommuting Now? COVID-19 and Cybersecurity Concerns for Businesses

Written by Jeremy Mittman and Susan Kohn Ross

A topic of immediate concern to businesses that has not received a great deal of attention (but should) is cybersecurity. There are unscrupulous people out there who will try to take advantage of the situation! This is especially worrisome with the increased usage of telecommuting to facilitate business continuity.

Within the Dept. of Homeland Security sits the Cybersecurity and Infrastructure Security Agency or CISA which is “responsible for protecting the Nation’s critical infrastructure from physical and cyber threats.” CISA, through its National Cyber Awareness System, released Defending Against COVID-19 Cyber Scams, see here for the full text.  In short, beware of emails with malicious attachments and hyperlinks. Also be careful about social media pleas, texts and calls having to do with COVID-19.

The NCAS recommends:

Continue reading “Telecommuting? Buckle Up”

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COVID-19, Labor & Employment, Regulatory

Best Practices for Maintaining Employee Privacy Regarding COVID-19

Written by Jeremy Mittman and Susan Kohn Ross

The situation surrounding COVID-19 is, to the say the least, fluid and scary. The ultimate outcome of the disruption to the business community is also unclear. There are nonetheless a couple of topics we can talk about right now with some degree of certainty on which businesses may want to focus as we all struggle to deal with the very human toll of this pandemic. One is employee privacy and is addressed in this edition. The cybersecurity topics worthy of immediate attention will be covered in a subsequent blog post.

We start here with the confidentiality obligation of employers regarding information about the health of their employees. If someone on your staff becomes infected, as a general proposition, as the employer, you may not share that information with other employees. The Centers for Disease Control published an Interim Guidance for Businesses and Employers, and stated: “If an employee is confirmed to have COVID-19, employers should inform fellow employees of their possible exposure to COVID-19 in the workplace but maintain confidentiality as required by the Americans with Disabilities Act.” Since COVID-19 has spread to many different countries, the privacy laws in those countries also need to be considered. For example, the European privacy law – the GDPR – addresses privacy around health data, plus local public health authorities in those countries will have their own protocols to follow.

Continue reading “Best Practices for Maintaining Employee Privacy Regarding COVID-19”

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COVID-19, Labor & Employment

Three New Coronavirus Developments for Employers

Coronavirus 2019-nCOV medical still life concept
Photo credit: istock.com/rabbitti

Written by Jeremy Mittman and Stephen Franz

There are several new developments at the federal and state level regarding the Coronavirus (COVID-19) outbreak and its impact on California employers and workers.  The United States House of Representatives passed the “Families First Coronavirus Response Act,” (H.R. 6201), tentatively creating new paid leave obligations related to the coronavirus for many employers.  Moreover, two California government agencies have issued important new guidance on coronavirus and its impact on employers and workers:  The California Labor Commissioner’s Office issued an FAQ Memo and the California Employment Development Department (EDD) also issued relevant guidance.

Continue reading “Three New Coronavirus Developments for Employers”

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COVID-19, Labor & Employment

Be Prepared: What Should Employers Do About the Coronavirus?

Woman Applying Soap On The Hand Near Basin
Photo Credit: istock.com/AndreyPopov

Written by Jeremy Mittman and Thea Rogers

This week, the U.S. Centers for Disease Control and Prevention (CDC) warned that the Coronavirus, otherwise known as COVID-19, will likely continue its spread around the world and to the U.S.  While we don’t know the extent to which the Coronavirus will take hold in the U.S., employers should start planning now so they can protect the safety of their workforces and maintain normal business operations, to the extent possible, should the Coronavirus have a significant impact.

In doing so, employers face potentially conflicting laws that should be taken into account in determining how to move forward.  For example, under the Occupational Safety and Health Act (OSHA) and similar state laws, employers have a general duty and obligation to provide a safe and healthy work environment and must not place their employees in situations that are likely to cause serious physical harm or death.  On the other hand, overreacting or implementing overbroad bans or quarantines that aren’t based on reasonable or reliable facts or information could violate laws that prohibit discrimination (based upon disability, national origin, or other protected characteristics).

Employers should contact counsel with any questions as they navigate putting together their Coronavirus (or general infectious disease prevention) plans and policies, or dealing with employee-specific issues that may arise.

Continue reading “Be Prepared: What Should Employers Do About the Coronavirus?”

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