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COVID-19 for Employers

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Newsroom image for the post Minnesota Employers: Understanding the New Frontline Worker Pay Law

Posted June 8, 2022 with Tags ,

Minnesota Employers: Understanding the New Frontline Worker Pay Law

Minnesota Governor Tim Walz signed a bill into law last month providing bonus pay for eligible COVID-19 frontline workers. Although the State is administering the program, which opens June 8, 2022, the Frontline Worker Pay law requires that employers in a “frontline sector” provide notice to current employees who may be eligible for the payment by June 23, 2022. We have put together a few key takeaways for you to consider in evaluating potential notice obligations.

Newsroom image for the post Supreme Court Ruling Strikes Down OSHA ETS

Posted January 13, 2022 with Tags ,

Supreme Court Ruling Strikes Down OSHA ETS

UPDATE: In an order issued Jan. 13, 2022, the United States Supreme Court stayed enforcement of federal OSHA’s COVID-19 Vaccination and Testing ETS pending the disposition of the petitions for review in the Court of Appeals for the Sixth Circuit. …

Newsroom image for the post COVID Impacts Work-Made-For-Hire Doctrine Analysis

Posted November 29, 2021 with Tags

COVID Impacts Work-Made-For-Hire Doctrine Analysis

Work-For-Hire Doctrine Under copyright law, artists generally own the rights to the work they create. However, an exception exists when an artist’s work qualifies as a “work made for hire” under Section 101 of the Copyright Act. A work made …

Newsroom image for the post Summary of President Biden’s Two Executive Orders on Mandatory Covid-19 Vaccines and Safety Protocols

Posted September 10, 2021 with Tags , , ,

Summary of President Biden’s Two Executive Orders on Mandatory Covid-19 Vaccines and Safety Protocols

On September 9th, President Biden signed two Executive Orders; one requiring COVID vaccines for federal employees and another ensuring adequate COVID safety protocols for federal contractors. The administration also announced plans to develop rules impacting private employers with more than …

Posted March 26, 2021 with Tags ,

California’s New Supplemental Paid Sick Leave for COVID-19

California recently passed new legislation that will require employers to provide their California employees with up to 80 hours of supplemental paid sick leave for various COVID-19-related reasons. Sound familiar? There are some similarities between the new law and the 2020 COVID-19 supplemental paid sick law, but the differences are significant for many employers. We’ve put together key takeaways for you to consider before the law becomes effective on Monday, March 29, 2021.

Newsroom image for the post FAQs for Employers: Minneapolis’ Right to Recall Ordinance

Posted February 26, 2021 with Tags ,

FAQs for Employers: Minneapolis’ Right to Recall Ordinance

Minneapolis employers in the hospitality industry will likely soon have to contend with a new set of worker protection laws. The Minneapolis City Council is currently considering a citywide Hospitality Worker Right to Recall Ordinance, which would require employers to rehire workers previously terminated due to the Coronavirus pandemic. If adopted, the Ordinance will go into effect on May 1, 2021. Meanwhile, the Minnesota Legislature is considering a similar right to recall law, which would apply statewide to a larger group of employers.

Newsroom image for the post Employer Incentivization of COVID-19 Vaccination

Posted January 19, 2021 with Tags ,

Employer Incentivization of COVID-19 Vaccination

Many employers are seeking ways to encourage their employees to get vaccinated for COVID-19. For those wishing to stop short of making it mandatory, incentivizing voluntary vaccination is an option, but one that comes with its own set of potential legal pitfalls employers should be aware of.

Posted October 21, 2020 with Tags ,

Politics in the Workplace: When Political Speech Goes Against Employer Policies

With the presidential election looming, discussions about politics are happening in the workplace now more than ever. In the current political environment, these conversations may be disruptive and may not align with Equal Employment Opportunity and Harassment-Free Workplace Policies, diversity and inclusion goals, and organizational brands. This means that HR professionals and other supervisors walk a very fine line as they draw distinctions between what violates or contradicts employment policies versus free speech.

Posted May 13, 2020 with Tags ,

Returning to Work: Health Checks & Compensable Time

After sheltering-in-place, remote working, and business closures, employers across the country have started planning to bring employees back to work. The first item of business is how to ensure the workplace is safe for employees and the general public. For this, many employers are turning to employee health checks.

Newsroom image for the post Employers: How to Avoid ADA Litigation in the COVID-19 Era

Posted May 7, 2020 with Tags ,

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 April 23, 2020 with Tags ,

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.

Newsroom image for the post Managing Off-the-Clock Time During the Pandemic

Posted April 23, 2020 with Tags , ,

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.

Newsroom image for the post Employers: Watch Out for ERISA Lawsuits During Pandemic

Posted April 20, 2020 with Tags ,

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.

Newsroom image for the post EEOC Issues Updated ADA Guidance Amidst COVID-19 Pandemic

Posted April 12, 2020 with Tags , , ,

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.

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

Posted April 10, 2020 with Tags , ,

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 , ,

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.

Newsroom image for the post Amidst Increased Video Interviews, Employers Must Keep Law in Mind

Posted April 7, 2020 with Tags , , ,

Amidst Increased Video Interviews, Employers Must Keep Law in Mind

Since shelter-in-place and self-isolation orders have become the norm around the country, more employers are utilizing video interview tools in lieu of interviewing candidates in person. These tools allow HR and hiring teams to continue to assess talent with little interruption. But Nilan Johnson Lewis labor and employment attorney Mark Girouard urges companies to keep certain legal requirements in mind before turning on the cameras.

Newsroom image for the post DOL Issues Temporary Rule Interpreting Paid Leave under the Families First Coronavirus Response Act

Posted April 3, 2020 with Tags ,

DOL Issues Temporary Rule Interpreting Paid Leave under the Families First Coronavirus Response Act

On April 1, 2020, the Department of Labor issued a temporary rule interpreting the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”) found in the Families First Coronavirus Response Act (“FFCRA”). The unpublished rule includes over 80 pages of discussion followed by specific guidance on key aspects of the FFCRA’s paid leave requirements, including the scope of exemptions for small employers, calculations of leave benefits for part-time employees, and notice and certification requirements. For the most part, the regulations mirror the FAQs recently released by the DOL.

Newsroom image for the post Convenient Summary of Minnesota “Stay at Home” Executive Order 20-20

Posted March 26, 2020 with Tags , , ,

Convenient Summary of Minnesota “Stay at Home” Executive Order 20-20

In response to the enduring COVID-19 pandemic, Minnesota Governor Tim Walz signed Emergency Executive Order 20-20 on March 25, 2020. The Governor’s order directs Minnesotans to remain at home, work remotely if possible, and limit their outside activities to those that are essential. The order also contains exemptions for businesses that are part of certain “critical sectors,” as defined in the order. Executive Order 20-20 takes effect on Friday, March 27, 2020 at 11:59 p.m. and will remain in effect for two weeks, until Friday, April 10, 2020 at 5:00 p.m., unless extended.

Newsroom image for the post New York Employers: New COVID-19 Paid Sick Leave Law Explained

Posted March 20, 2020 with Tags , , ,

New York Employers: New COVID-19 Paid Sick Leave Law Explained

On March 18, 2020, the New York State Assembly passed and Governor Cuomo signed into law a response to the novel coronavirus that provides certain employees sick leave and job protection in the event they are subject to quarantine or isolation due to an order by a public health official. The new law also expands protections to certain employees under the New York Paid Family Leave and the New York disability benefits law to provide some measure of salary continuation during a quarantine or isolation order period.

Posted March 18, 2020 with Tags , ,

COVID-19 FAQs for Employers: Update on Temporary Closures, Layoffs, and Leaves of Absence

In the last few days, Minnesota has closed schools, restaurants, theaters, fitness centers, and other gathering places (Emergency Executive Orders 20-02 and 20-04). Minnesota has also started to provide much-needed relief to Minnesota employers and employees facing the immediate loss of work because of COVID-19 (Emergency Executive Order 20-05), including making unemployment benefits immediately accessible rather than requiring a one-week waiting period for out-of-work individuals. Below, we answer some frequently asked questions we have received since these orders were issued.

Posted March 12, 2020 with Tags , ,

Coronavirus FAQs for Employers

The novel coronavirus (COVID-19) outbreak has created significant workplace concerns for U.S. employers. Companies are balancing the need to continue their operations against the desire to keep their employees safe. The Frequently Asked Questions below, and those answered by Courtney Blanchard on this news broadcast, address some of the more difficult employment law-related issues that have arisen as employers confront the coronavirus threat.

Newsroom image for the post Employers and Coronavirus: A Brief Guide

Posted March 2, 2020 with Tags , ,

Employers and Coronavirus: A Brief Guide

The circumstances surrounding COVID-19 (commonly referred to as the “coronavirus”) are unfolding each day. Currently, there is no evidence of widespread transmission of COVID-19 in the U.S. Indeed, the Centers for Disease Control and Prevention (CDC) advise that most American workers are at a low risk of contracting coronavirus absent sustained human-to-human transmission with infected travelers from abroad or other close contact with infected persons. Nonetheless, as individuals take steps to prepare for a potential outbreak, employers must also prepare for the possibility of a workforce impacted by an outbreak of COVID-19. There are several legal issues to consider.

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