Employment & Labor

DOL’s Implementing Regulations Shed Some Light On Defining “Health Care Provider” Under the Families First Coronavirus Response Act (FFCRA)

By Charla Bizios Stevens & Andrea J. Schweitzer

April 3, 2020

As part of its ongoing effort to prevent, prepare for, and respond to the coronavirus pandemic, the U.S. Department of Labor (DOL) issued temporary regulations to implement emergency leave benefits established under the Families First Coronavirus Response Act (FFCRA). These implementing regulations (29 CFR § 826) are available from the DOL at https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf. While the FFCRA greatly expands emergency leave, including emergency paid sick leave, benefits, employers may elect to exclude certain…

Hunton Employment & Labor Perspectives

COVID 19: City Of Los Angeles Imposes New Paid Sick Leave Obligations on Employers With 500+ U.S. Employees

By Emily Burkhardt Vicente

April 3, 2020

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In the face of unprecedented challenges due to COVID-19, employers have been forced to balance the need to mitigate current health risks against the need to protect their future financial viability. Last week, the Los Angeles City Council made navigating that balance more difficult for some employers.…

Cross Border Employer Blog

How France’s Economic Stimulus Can Benefit Employers

By Nan Sato

April 3, 2020

As we know, the current pandemic is having an adverse economic impact on employers. Even if businesses have not been required to close, many have been suffering a loss in revenue. As a result, many companies are analyzing their budgets for ways to cut costs and likely considering a reduction in payroll. But should French employers be quick to lay off employees? Maybe not, as France’s COVID-19 stimulus package offers companies an opportunity to take…

Employment Class Action Blog

Another Court Rules on When Ride-Sharing Drivers Are Exempt From Arbitration

By John Lewis

April 3, 2020

In this time of concern regarding the COVID-19 pandemic, there are other challenges still confronting companies. One involves the standard for enforcing arbitration agreements involving transportation workers. Or, stated differently, when drivers may be exempt from the Federal Arbitration Act (FAA). We have previously covered the courts’ struggles to deal with the fallout from New Prime v. Oliveira, 139 S. Ct. 232 (Jan. 12, 2019), on the transportation industry and gig drivers. See our blog…

Ogletree Deakins Insights

Delaware Governor Orders High-Risk Essential Businesses to Conduct Screenings Upon Entry

By Dean J. Shauger

April 3, 2020

On March 30, 2020, Delaware Governor John Carney issued the Eighth Modification of the Declaration of the State of Emergency. The updated declaration includes a provision ordering that essential businesses deemed as “high-risk” by the Public Health Authority “shall screen every employee, visitor and member of the public upon entering” the business.…

Ogletree Deakins Insights

Title III Coronavirus FAQs: Tips for Addressing Common ADA Title III Issues During the COVID-19 Pandemic

By David Raizman

April 3, 2020

While many traditional places of public accommodation, such as theaters, stadiums, restaurants, amusement parks, and retail stores, have shut down their operations in response to “shelter in place” and “social distancing” orders issued to prevent the spread of COVID-19, many businesses deemed “essential” by government orders or otherwise continuing operations have adopted sound safety rules designed to keep their employees safe.…

Ogletree Deakins Insights

Florida Governor Issues Statewide Stay-at-Home Order

By Sarah Smith Kuehnel & Karen E. Smeda

April 3, 2020

With over 60 percent of Florida’s COVID-19 cases identified in southern Florida, Governor Ron DeSantis passed new measures in an effort to limit the continued spread of the virus. On March 30, 2020, Governor DeSantis passed Executive Order (EO) No. 2020-89, restricting public access in Miami-Dade, Monroe, Palm Beach and Broward Counties to businesses and facilities deemed non-essential. The March 30, 2020, order also prohibits counties from instituting curfews restricting travel to and from the…

Ogletree Deakins Insights

Covered Entities May Disclose COVID-19-Related Protected Health Information—But Only Under Certain Conditions

By Maria Greco Danaher

April 3, 2020

Healthcare entities are facing a growing number of challenges related to the virus SARS-CoV-2 and the disease caused by that virus, COVID-19. Among the primary concerns is whether a specific healthcare entity is covered by the Privacy Rule of the Health Insurance Portability and Accountability Act (HIPAA); and if so, how to avoid violating that rule when sharing names or other identifying information of individuals infected with or exposed to the virus.…

Ogletree Deakins Insights

UK Employment Alert: New Rules on Written Statements Will Take Effect on 6 April 2020

By Heather Hanlon

April 3, 2020

As part of the reforms introduced under the United Kingdom’s Good Work Plan, amendments to Section 1 of the Employment Rights Act 1996 (ERA) will impose a number of new obligations on employers in relation to written statements of particulars of employment. These changes will come into force on 6 April 2020. As such, employers may want to review and update their standard employment contracts to ensure compliance with the requirements.…

Ogletree Deakins Insights

Supreme Court Requires But-For Causation for Section 1981 Claims

By Lucy B. Bednarek & Tiaundra M. Foster

April 3, 2020

On March 23, 2020, the Supreme Court of the United States, in Comcast Corp. v. National Association of African-American Owned Media, ruled that a plaintiff who alleges race discrimination under 42 U.S.C. § 1981 must plead and has the ultimate burden of showing that race was a but-for cause of the plaintiff’s injury, and that burden remains constant over the life of the lawsuit.…