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
On April 7, 2020, Mayor Eric Garcetti issued an emergency order providing supplemental paid sick leave to certain employees working within the City of Los Angeles for a variety of reasons related to COVID-19 (the “Order”). Notably, Mayor Garcetti issued the Order after declining to sign the COVID-19 Supplemental Paid Sick Leave Ordinance (the “Ordinance”) approved by the Los Angeles City Council (“City Council”) on March 27. Our previous post summarizing the City Council’s Ordinance is located here: https://blogs.orrick.com/employment/. READ MORE
Employers’ obligation to provide safe workplaces for employees is hardly new. The current COVID-19 pandemic, however, has forced health and safety at work to be top-of-mind across U.S. industries in ways not previously contemplated. Over the past several weeks, the Occupational Safety and Health Administration (OSHA) has issued important guidance regarding COVID-19, focusing specifically on what employers can and should do to ensure their workplaces are safe. Not only is compliance with OSHA’s guidelines important from the standpoint of ensuring worker safety, but failing to do so also can lead to legal risk and liability, as evidenced by a recent OSHA investigation involving Amazon, litigation filed this week, and an April 8 OSHA press release explaining how workers can file OSHA whistleblower claims. READ MORE
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
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
On March 31, 2020, the IRS issued “COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs” to help small and midsize employers navigate the tax relief available under the Families First Coronavirus Response Act (“FFCRA”). READ MORE
As of March 30, 2020, Maryland and Virginia became the latest states to issue stay-at-home orders to combat the spread of Coronavirus (COVID-19). The directive to keep people at home began just two weeks ago in California and has now been adopted by more than half the states. READ MORE
The New York State Department of Labor (“NYSDOL”) has issued guidance (the “Guidance”) and answers to frequently asked questions (“FAQs”) relating to various aspects of the newly-enacted legislation providing emergency sick leave, expanded New York Paid Family Leave (“NYPFL”) and expanded short-term disability benefits to certain employees unable to work because of COVID-19. Our previous analysis of this legislation (the “Act”) and what it means for employers can be found here: https://blogs.orrick.com/employment/2020/03/. READ MORE
On Thursday March 26, the Department of Labor issued additional guidance about the Families First Coronavirus Response Act (“FFCRA”). The new guidance addresses a variety of topics including how the FFCRA applies to remote working, intermittent leave, worksite closures, reduction of hours and furloughs.
This week, the DOL also issued a fact sheet for employees and a fact sheet for employers. The required poster can be found here as well as FAQs about notice requirements. The DOL plans to implement formal FFCRA regulations in April.
Stay tuned for updates and check out our FFCRA FAQs here.