Client Alert

COVID-19 – European OSHA Gives Guidance on Returning to Work

When starting to take steps to return to a new normal where business continues, even as outbreaks may flare up, employee health and safety certainly are top of mind. Since many EU member states are loosening up COVID-19 lockdowns, employers need to know how to ensure a safe environment for their employees when they come back to the workplace. READ MORE

COVID-19 Germany: How to Handle Short-Time Work Amid the Crisis – A Q&A for Employers

In the wake of COVID-19, many companies in Germany implemented short-time work (Kurzarbeit) in order to safeguard jobs and save on personnel. In our previous blog, we outlined the application process and provided an overview of the updated short-time work regulations introduced by the German government in the light of the coronavirus crisis.

Now that short-time work has been implemented, employers are facing questions arising from the handling of short-time work in practice in the day-to-day. We answer the most frequently asked by employers below.

  1. Secondary employment – Are employees allowed to have a secondary employment during short-time work? If so, how does this affect the short-time work allowance?

READ MORE

New Jersey Delays Expansive Amendments to State’s WARN Act and Excludes COVID-19 Layoffs from Coverage

Last week, New Jersey Governor Phil Murphy signed into law an amendment to the New Jersey Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act”) that delays earlier amendments that would have taken effect in July of this year, and excludes COVID-19 related layoffs from the requirements of the act. READ MORE

EEOC Expands Guidance Regarding COVID-19

The U.S. Equal Employment Opportunity Commission (“EEOC”) recently updated their guidance relating to the COVID-19 pandemic on Thursday, addressing several additional FAQ in response to inquiries from the public. In the updated guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” the EEOC expands on its previous publication issued in March and based on guidance it issued in response to the H1N1 outbreak in March 2009. READ MORE

San Francisco and San Jose Enact Emergency Paid Sick Leave Ordinances

In response to the ongoing Coronavirus pandemic, on April 7, 2020, San Francisco and San Jose issued emergency orders providing supplemental paid sick leave to certain employees working within their cities. Below are the key points Bay Area employers need to know. READ MORE

New York COVID-19 Developments: NYS DOL Encourages Workers to File a Complaint Online

The New York State Department of Labor (“NYS DOL”) has launched a new webpage dedicated to alerting workers regarding COVID-19 related employment protections and allowing  them to submit  a complaint online by simply clicking the “File a Complaint” link. The new webpage encourages workers to file a complaint with the NYS DOL if their employers violate any provisions of the state’s new law providing sick leave, paid family leave and disability benefits to employees impacted by mandatory or precautionary orders of quarantine or isolation due to COVID-19, including any violations of Governor Cuomo’s recent Executive Order mandating all non-essential workers to stay home. These violations include being forced to perform work at an employer’s worksite if the employer is a non-essential business or being threatened if an employee does not work at a place other than the employee’s home. It should be noted that the NYS DOL appears to be creating the right to file a complaint on a number of issues that are not explicitly addressed within the legislation or guidance regarding the legislation and it remains to be seen whether the NYS DOL has authority to pursue alleged violations of the legislation for the reasons described below. READ MORE

Preparing Coronavirus Workplace Safety Responses in APAC Countries

As the coronavirus, now officially named the “COVID-19 virus,” continues to spread across the world, employers are also looking to ensure a safe working environment for their employees. In addition to our previous perspectives for U.S. employers and EU employers, this updated overview provides employers in the rest of the Asia-Pacific (“APAC”) region with practical advice to develop their COVID-19 virus response strategy. Specifically, this overview covers the countries of: The People’s Republic of China, Hong Kong, Japan, Malaysia, Singapore, South Korea, Taiwan, Thailand, and Vietnam. READ MORE

COVID-19 Update: FAQs on Employment-related Aspects of the Coronavirus Pandemic for Employers in Germany

Deutsch: COVID-19 Update: FAQs on Employment-related Aspects of the Coronavirus Pandemic for Employers in Germany

The consequences of the spread of the novel coronavirus (Sars-CoV-2) have reached the German labour market. Many companies are daily confronted with new and complex legal questions regarding the handling of coronavirus-related issues in employment relationships.

The following overview shows the most frequently asked questions and answers. READ MORE

California Executive Order Allows Businesses To Assert An “Unforeseeable Business Circumstances” Exception to California WARN Act For Events Caused By COVID-19; Notice Must Be As Soon As Practical.

California maintains its own “mini” WARN Act, Labor Code section 1400, et seq., which requires employers with 75 or more employees to give 60 days’ notice prior to mass layoffs, substantial relocations, or termination of operations at a covered establishment.  Unlike the federal WARN Act, California’s statute also applies to furloughs as few as three weeks, according to a 2017 Court of Appeal decision in Int’l. Bhd. of Boilermakers, etc. v. NASSCO Holdings Inc., 17 Cal. App. 5th 1105, 226 (2017).  Also, unlike the federal WARN Act, California does not have an unforeseeable business circumstances or natural disaster exception to the 60-days’ notice requirement. READ MORE