Posted April 17, 2020 with Tags COVID-19, California Law, COVID-19 for Employers
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, Retailers, Employment Class Actions, Non-competes, No-Poaching Agreements
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 CPSC recalls, CPSC, COVID-19, COVID-19 Products
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 EEOC, COVID-19, COVID-19 for Employers, Discrimination
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 COVID-19, California Law, COVID-19 for Employers
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 Nonprofits, COVID-19, COVID-19 for Nonprofits
During the COVID-19 pandemic, here's how nonprofits should be approaching board and member meetings.
Posted April 10, 2020 with Tags COVID-19, COVID-19 for Employers, CDC
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
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.
Posted April 9, 2020 with Tags COVID-19, COVID-19 for Employers, Workers' Compensation
Minnesota Governor Tim Walz signed a workers’ compensation bill on April 7, 2020, to help first responders, healthcare workers and daycare workers who contract COVID-19 in the workplace. Here's what employers need to know about handling these claims.
Posted April 7, 2020 with Tags Employers, AI in hiring, COVID-19, COVID-19 for Employers
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.
Posted April 6, 2020 with Tags COVID-19, COVID-19 for Nonprofits
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 COVID-19, HIPAA, COVID-19 Health
On April 2, 2020, the Department of Health and Human Services (HHS) released a HIPAA enforcement update regarding disclosures made by Business Associates (BA) during COVID-19.
Posted April 3, 2020 with Tags COVID-19, COVID-19 Products
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).
Posted April 3, 2020 with Tags COVID-19, COVID-19 for Employers
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.
Posted April 2, 2020 with Tags COVID-19, COVID-19 for Employers, Remote Depositions, Video Depositions
As life has been upended by COVID-19, we are quickly adapting to an intensified “on-line” world. Among other uncertainties, we have been thrown into a swirl of technological challenges surrounding the practice of law.
Posted March 30, 2020 with Tags Employers, COVID-19, Tax, COVID-19 for Employers
The President declared a national emergency in connection with the COVID-19 pandemic triggering Section 139 of the Internal Revenue Code. Thus, disaster assistance/relief payments are not taxable to the recipients if they meet certain requirements.
Posted March 30, 2020 with Tags Employers, COVID-19, CARES Act, COVID-19 for Employers
The Department of Labor has started issuing interpretive guidance on the FFCRA, which provides for paid sick and FMLA leave for certain employees.
Posted March 30, 2020 with Tags Health Care, COVID-19, Medicaid, Medicare, CMS
In response to COVID-19, CMS (Centers for Medicare and Medicaid Services) has broadened access to Medicare telehealth services on a temporary and emergency basis for the duration of the Public Health Emergency.
Posted March 27, 2020 with Tags Business Transactions, COVID-19, Buinsess Law, Business Litigation, Contracts, UCC
As the economic fallout from the COVID-19 pandemic continues, businesses are facing nearly unprecedented risk that their commercial customers, who may have been transformed from financially strong to seriously distressed in a matter of days, will be unable to continue paying for goods and services.
Posted March 26, 2020 with Tags Minnesota, Employers, COVID-19, COVID-19 for Employers
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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