Employment Law Commentary

May 5, 2020 - Coronavirus (COVID-19)

First States to Reopen Businesses Provide Glimpse of New Workplace COVID-19 Hygiene Rules for Employers

By: Kristen J. Mathews

Businesses around the country closed their physical doors abruptly weeks ago as state governors signed executive orders intended to stem the tide of new COVID-19 cases and save lives. Just recently, the first states to allow limited business openings have released guidelines for businesses …›

May 4, 2020 - Coronavirus (COVID-19)

Cleaning the Workplace in Anticipation of Reopening—And Keeping it Clean!

We have waited for weeks that seemed like years for the government to allow us to reopen our businesses and schools; and, now that the big day is just around the corner, we must have plans in place to protect our employees and customers …›

April 22, 2020 - Coronavirus (COVID-19), EEOC

EEOC Issues "Return to Work" COVID-19 Guidelines for Employers

On April 17, 2020 and April 23, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) again revised its guidance for employers dealing with the COVID-19 pandemic, this time providing advice involving disability accommodations under the Americans with Disabilities Act (ADA) and claims brought under …›

April 20, 2020 - Coronavirus (COVID-19)

Should Employers Require Employees to Wear Facemasks?

By: Miriam H. Wugmeister, Lloyd W. Aubry, Jr., and Eric Gebert

As employers begin considering return to work strategies, many are wondering whether they should permit or require individuals to wear facemasks at work. It may be surprising to many companies, but the Occupational Safety and Health Administration (“OSHA”) has published detailed standards and guidance …›

April 13, 2020 - Coronavirus (COVID-19), Department of Labor (DOL)

DOL Issues Regulations for Paid Leave Under the Families First Coronavirus Response Act

By: Kwan Park and Jinny S. Hwang

On April 6, 2020, the United States Department of Labor (“DOL”) published regulations regarding the paid leave programs previously established in the Families First Coronavirus Response Act (“FFCRA”) and later revised in the Coronavirus Aid, Relief, and Economic Security …›

April 3, 2020 - Coronavirus (COVID-19), Paid Sick Leave

Payroll Tax Relief Provisions of COVID-19 Legislation

By: Maureen Linch, Harris W. Cornell, Amanda Hines Gold, and Domnick Bozzetti

In response to the coronavirus pandemic, Congress has passed legislation to encourage continued payment of wages and benefits by providing relief to employers in the form of payroll-related tax credits, loans, and tax-deferral programs, including: - for businesses with fewer …›

April 2, 2020 - Coronavirus (COVID-19)

Treasury Department Issues Guidance (and Application) for Paycheck Protection Program Loans

By: Tina D. Reynolds and Damien C. Specht

On Tuesday afternoon, the Treasury Department released its guidance concerning the Paycheck Protection Program (PPP), which was authorized by Congress under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Under the PPP, qualified small businesses, eligible non‑profits, self-employed individuals, and independent contractors may …›

April 1, 2020 - Coronavirus (COVID-19), NLRB

Avoiding Labor Violations When Responding to the COVID-19 Pandemic

By: Andrew R. Turnbull and Kwan Park

With the onslaught of various state and local shelter-in-place orders, new health and safety guidelines for workplaces, and the ensuing economic downturn, many companies need to act quickly to address the unprecedented challenges due to the COVID-19 pandemic. When responding to these challenges, both …›

March 31, 2020 - Coronavirus (COVID-19), Department of Labor (DOL), Legislation

DOL Issues Newly Updated Guidance on Critical Issues for Employers Regarding the Families First Coronavirus Response Act

By: Jinny S. Hwang

On March 28, 2020, the United States Department of Labor (“DOL”) published additional guidance on nearly two dozen more “critical issues” that the DOL had not addressed in its previous guidance on the recently enacted Families First Coronavirus Response Act (“FFCRA”). Our March 26, …›

March 30, 2020 - Coronavirus (COVID-19), Legislation

CARES Act – What Employers Should Know (Part II): Unemployment Insurance Benefits

By: Oswald B. Cousins

As businesses and employers parse the 880-page Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), which President Trump signed into law on March 27, 2020, we offer this analysis of the unemployment compensation provisions in the Act. This Employment Law Commentary is …›

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