Category: Legal Insights

Posted May 7, 2020 with Tags COVID-19, COVID-19 for Employers

Employers: How to Avoid ADA Litigation in the COVID-19 Era

The COVID-19 pandemic and related "stay-at-home" orders have required changes to employers' everyday practices, impacting nearly all aspects of operations. Employers have worked hard to meet the demand for rapid flexibility in the interest of continuing operations and keeping their workforce safe and intact. For good reason, many of these policies (such as temporary remote work policies) may have been implemented outside of the traditional planning processes that employers use when rolling out new policies.

Posted May 6, 2020 with Tags Antitrust Laws, COVID-19, COVID-19 for Nonprofits

Associations: Tips to Avoid Antitrust Dilemmas During the COVID-19 Pandemic

The COVID-19 pandemic has changed the way that associations and its members are engaging. With the stay at home orders in place across the country, in-person meetings have been replaced with video or teleconferences, and a lot more communication is being done in writing.

Posted May 1, 2020 with Tags COVID-19, COVID-19 for Employers

Employer Liability When Workers Contract COVID-19

A significant concern for employers is potential liability to employees who contract COVID-19 at work – either employees in essential businesses who continued to work or employees who may be called back to work after restrictions are eased.

Posted May 1, 2020 with Tags COVID-19, COVID-19 for Nonprofits

Nonprofits Ineligible for Main Street Lending Program

The Federal Reserve Board clarified nonprofits are ineligible for the Main Street Lending Program, but also noted they are evaluating a separate approach specific to nonprofits.

Posted April 30, 2020 with Tags COVID-19, COVID-19 for Employers, WARN Act

WARN Litigation: An Inevitable Nuisance for Employers

In this unprecedented business environment, many employers have been forced to take swift action to stay afloat during the pandemic. Two common actions have been furloughs and layoffs. But each raises legal risks under the federal Worker Adjustment and Retraining Notification Act (“WARN”) and related state laws.

Posted April 24, 2020 with Tags COVID-19, Higher Education

Impact Analysis for Higher Education: Weighing Risks Posed by Demands for Tuition and Housing Refunds

“Stay-at-home” orders in response to COVID-19 have shifted learning from college classrooms to online platforms and emptied residence and dining halls. Campus administrators are responding to demands from parents and students to refund tuition, housing and meal plan costs, and student fees. Most institutions have adopted policies to reimburse prorated fees and expenses, but are not offering tuition refunds. For many families, this is not enough, and several have filed class-action lawsuits against the schools, with more likely to come.

Posted April 23, 2020 with Tags COVID-19, COVID-19 for Employers

Returning to Work: Minnesota allows more businesses to resume in-person operations starting April 27

On April 23, Governor Walz issued Emergency Executive Order 20-40, which expands the number of businesses permitted to operate in-person during Minnesota’s “stay-at-home” order. Under the Order, individuals working in certain types of businesses are permitted to return to work starting next week, Monday, April 27, provided other conditions are met.

Posted April 23, 2020 with Tags COVID-19, COVID-19 for Employers, Remote Working

Managing Off-the-Clock Time During the Pandemic

Ensuring that hourly employees accurately record their work time—and that employees are paid for all work time—can be a challenge even under the best of circumstances. But it’s crucial to avoid or defend costly class litigation or audits from the Department of Labor. These “off the clock” issues may be exacerbated for employers who now have hourly employees working remotely during the pandemic. Remote work means employers have less oversight and ability to enforce timekeeping rules. This is made even more complicated because employees may be working—and responding to work requests—during odd hours as they navigate other home obligations.

Posted April 23, 2020 with Tags COVID-19, COVID-19 for Employers

Reopening the Workplace: Breaking Down the EEOC’s Updated Guidance

Last week, the EEOC issued additional COVID-19 related guidance designed to aid employers as they begin to welcome employees back to work, including disability accommodation requests under the Americans with Disability Act (ADA) and anti-harassment issues. The EEOC’s expanded guidance is summarized below.

Posted April 22, 2020 with Tags COVID-19, COVID-19 Products

Minnesota Price-Gouging Laws: What Retailers and Manufacturers Need to Know

Unlike the majority of states, Minnesota has no anti-price gouging statute on its books. Minnesota has sought to ban price gouging during the COVID-19 pandemic through an executive order issued by Governor Walz on March 20, 2020. Since that time, the Minnesota Attorney General has received hundreds of complaints of alleged price gouging and pursued enforcement action against many businesses. The potential also exists that private litigants could seek to bring lawsuits against businesses for alleged price gouging activity.

Posted April 21, 2020 with Tags Business Loans, COVID-19, COVID-19 for Nonprofits

COVID-19 Loan Options For Businesses and Nonprofits with More than 500 Employees

Some of the COVD-19 pandemic emergency loan programs limit eligibility to businesses and to nonprofits based on their size or other qualifications. Businesses or nonprofits with more than 500 employees are often left wondering what loans they can apply for, and which loans would be the best for their organizations and their needs.

Posted April 20, 2020 with Tags COVID-19, COVID-19 for Employers

Employers: Watch Out for ERISA Lawsuits During Pandemic

ERISA lawsuits typically grow in numbers whenever there is an economic downturn. Though COVID-19’s financial impact is still unfolding, employer-sponsored employee-stock ownership plans (ESOPs) and the employers themselves are likely to once again face a heightened risk of litigation. In particular, we anticipate a rise in so-called “stock-drop” lawsuits involving ESOPs.

Posted April 17, 2020 with Tags California Law, COVID-19, COVID-19 for Employers

California Employers: Breakdown of the Supplemental Paid Sick Leave (SPSL)

California Gov. Gavin Newsom issued a statewide Executive Order requiring large employers to provide up to 80 hours of Supplemental Paid Sick Leave (SPSL) for food sector workers and to permit extra handwashing breaks, effective immediately (April 16, 2020).

Posted April 14, 2020 with Tags Employers, Employment Class Actions, No-Poaching Agreements, Non-competes, Retailers

Employers May Face No-Hire Claims

Saks Fifth Avenue and several luxury designers were recently hit with a nationwide class-action lawsuit regarding their alleged use of no-poach agreements to limit solicitation of retail store employees between Saks and the designers. Employers using similar agreements (written or otherwise) not to hire other companies’ employees should reconsider those agreements in light of this emerging litigation.

Posted April 13, 2020 with Tags COVID-19, COVID-19 Products, CPSC, CPSC recalls

The Importance of Social Media In Communicating Changes and Delays To Recall Remedies and Information

In response to the global pandemic and disruptions to supply chains, the Consumer Product Safety Commission (CPSC) has alerted consumers for the past few weeks that recall remedies might be unavailable or otherwise delayed.

Posted April 12, 2020 with Tags COVID-19, COVID-19 for Employers, Discrimination, EEOC

EEOC Issues Updated ADA Guidance Amidst COVID-19 Pandemic

On April 9, 2020, the Equal Employment Opportunity Commission (EEOC) issued new guidance to help employers manage workplace issues related to the COVID-19 pandemic without running afoul of federal non-discrimination laws. The EEOC’s updated guidance focuses primarily on employers’ obligations under the Americans with Disabilities Act (ADA). We discuss the highlights.

Posted April 10, 2020 with Tags California Law, COVID-19, COVID-19 for Employers

COVID-19 for Employers: Local Paid Sick Leave Laws

During the week of April 6, 2020, several cities expanded paid sick leave entitlements during the COVID-19 crisis. We outline a few of these here.

Posted April 10, 2020 with Tags COVID-19, COVID-19 for Nonprofits, Nonprofits

How Can Nonprofits Hold Board and Member Meetings During a Pandemic?

During the COVID-19 pandemic, here's how nonprofits should be approaching board and member meetings.

Posted April 10, 2020 with Tags CDC, COVID-19, COVID-19 for Employers

CDC Issues New Guidance on Safety Measures for Critical Infrastructure Workers Who May Have Potential Exposure to COVID-19

On April 8, 2020, the CDC issued new guidance advising critical infrastructure workers (essential workers needed to maintain the services and functions that communities depend on daily) to continue work following potential exposure to COVID-19, provided they remain asymptomatic and certain precautions are implemented to protect them and the community.

Posted April 9, 2020 with Tags COVID-19, COVID-19 for Employers, Tax Credits

How Employers Can Take Advantage of Tax Credits under the New FFCRA Legislation

The Families First Coronavirus Response Act (FFCRA) creates, for the first time, a federal requirement to issue paid sick leave and paid FMLA benefits for most private employers with fewer than 500 employees. To help offset the cost, the legislation permits employers to claim tax credits on qualifying paid leave wages, certain health plan expenses, and the employer's share of Medicare taxes.