Employment Law

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

COVID-19 UK: Employment – Coronavirus Job Retention Scheme: further clarification – Update

Following our update last week around the guidance from the UK Government on the announced Coronavirus Job Retention Scheme, further clarification on some (but not all) of the grey areas has now been provided. We have set out below some of the main points of clarification. READ MORE

FFCRA Guidance from the IRS: How To Secure Tax Credits for COVID-19 Leave Payments

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

COVID-19 Update: Maryland and Virginia Institute Stay-at-Home Orders

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

New York State Department of Labor Releases Guidance and FAQs for Compliance with Newly-Enacted COVID-19 Leave Law

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

COVID-19 Update: Department of Labor Issues Further FFCRA Guidance

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.

CARES Act: What Do Employers Need to Know?

On Friday afternoon, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The Act addresses the coronavirus pandemic by directing funds to address the strains on the health care system as well as alleviate the intense economic stress facing the country’s employers and workers. The President has stated that he will sign the bill immediately. This post focuses on those provisions that may impact employers. Below are answers to some questions that we expect employers will have about the CARES Act.

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Families First Coronavirus Response Act: What Employers Need to Know

On March 18, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA is effective April 1, 2020. The Department of Labor also issued guidance and detailed FAQs, addressing various hypotheticals.

Below are answers to some frequently asked questions about provisions of the FFCRA that are of particular importance to employers: the emergency expansion of the Family and Medical Leave Act (FMLA) and emergency paid sick leave. READ MORE

Market-by-Market Overview: COVID-19 Lockdowns

We’ve been following COVID-19 around the globe since January when it became clear that the outbreak in Wuhan, China was having broader employment and business implications. Under the general pattern, countries with a few confirmed cases act to contain the spread of the virus through a combination of inbound travel barriers, mandatory isolation/quarantines and aggressive testing and follow up of suspected contacts of the confirmed cases. If the number of new cases become too numerous to source (i.e., people are getting infected in the community), the focus shifts from containment to damage control in a predictable way. Lockdowns are part of that equation – often beginning with school closures, the ban of large gatherings and the cancelation of events, progressing to the closure of an increasing list of “non-essential businesses” and culminating in mandatory stay at home orders. READ MORE