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Newsroom image for the post Employers May Face No-Hire Claims

Posted April 14, 2020 with Tags , , , ,

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.

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 CARES Act Loan FAQs for Nonprofits, Foundations and Small Businesses

Posted April 6, 2020 with Tags ,

CARES Act Loan FAQs for Nonprofits, Foundations and Small Businesses

The U. S. Small Business Administration (SBA) on April 2, 2020, released an Interim Final Rule regarding how the agency will implement the “Paycheck Protection Program” of the Coronavirus Aid, Relief, and Economic Security Act (CARES Act). The CARES Act also expands the SBA’s long-standing Economic Injury Disaster Loan Program (EIDL). We address some Frequently Asked Questions as to why nonprofits, foundations, and small businesses should be paying attention to these CARES Act loan programs.

Posted April 3, 2020 with Tags ,

How Manufacturers and Retailers Can Protect Themselves from Product Liability Exposure During COVID-19

The pandemic has forced many product manufacturers and retailers into unchartered territory. As COVID-19 progresses throughout the United States, it is affecting everything from the workforce, to supply chains, to even the availability of recall remedies. During these times of rapid change, it may be difficult for companies to remain diligent on product safety issues. However, product manufacturers and retailers can take a few steps to ensure they are protecting themselves not only now, but in the long-term, from product liability lawsuits or fines from the Consumer Product Safety Commission (CPSC).

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.

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