Employment & Labor

April 9, 2020

Labor professionals waiting for the new rule on certain employee free choice issues to go into effect will have to wait a little longer. The NLRB announced on Wednesday that it is delaying the effective date of this rule for 60 days, until July 31, 2020, due to the COVID-19 pandemic. The NLRB published the election rule on April 1, 2020. The rule was originally scheduled to go into effect on June 1, 2020. As…

Women's Rights NY

If I Complain That I Am Being Discriminated Against At Work Will I Be Fired?

By Deborah ORell

April 9, 2020

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Hi, I’m Debbrah O’Rell with Tuckner Sipser, an employment discrimination law firm. And let me say at the start, I’m not a lawyer, I don’t give legal advice, but I do share information about the process in general. And the question I want to address today is, “If I complain about being discriminated against, I’m afraid I’m going to be fired. I can’t afford to be without my job. What do I do?” So first…

Labor & Employment Law Blog

California Counties Mandate Face Coverings & Stricter Requirements for Businesses

By Matthew Tobias, Ashley Hirano & Michaela Goldstein

April 9, 2020

As communities continue to deal with the COVID-19 pandemic and additional guidance is issued by the Centers for Disease Control (“CDC”), more state, county and municipal orders are being issued to combat the spread of the virus and protect the safety of residents and workers. Many of these new or amended orders include a greater emphasis on social distancing and sanitation requirements for employers as well as the use of face coverings at businesses that…

Employment Law Landscape

COVID-19 Workplace Safety: Tips for Employers with Essential Employees

By Anthony Robert Sarna & Lauren S. Novak

April 9, 2020

As states continue to adopt shelter-in-place orders to stop the spread of COVID-19, many employers remain open for business and need employees to perform essential operations. Here are some tips for employers with essential employees based on recent Centers for Disease Control and Prevention (CDC) and Department of Labor (DOL) guidance.…

Ogletree Deakins Insights

Cal/OSHA Issues COVID-19 Guidance for Agricultural Employers

By Karen F. Tynan

April 9, 2020

On April 7, 2020, the California Department of Industrial Relations’ Division of Occupational Safety and Health (Cal/OSHA) issued COVID-19 Safety and Health Guidance (in English and Spanish) for agricultural employers. The guidance is not a new legal obligation but rather a reminder that COVID-19 is a workplace hazard to be addressed by an Injury and Illness Prevention Program (IIPP).…

Ogletree Deakins Insights

South Carolina Becomes 42nd State to Issue ‘Stay at Home’ Order

By Publisher & Phillip A. Kilgore

April 9, 2020

On April 6, 2020, South Carolina Governor Henry McMaster issued Executive Order No. 2020-21 (E.O. 2020-21), which implemented a “home or work” mandate. The order directs South Carolina inhabitants to stay in their homes as of 5:00 p.m. on April 7, 2020, except for engaging in “Essential Business,” “Essential Activities,” or “Critical Infrastructure Operations.” The order also mandates that inhabitants practice social distancing and take every possible precaution to prevent the continued spread of COVID-19.…

Ogletree Deakins Insights

Weighing the Options: FFCRA and CARES Act Present Alternatives for Small Businesses Facing Hard Choices

By W. Kyle Dillard

April 9, 2020

Untangling the web of options presented to small employers under the Families First Coronavirus Response Act (FFCRA) and Coronavirus Aid, Relief, and Economic Security (CARES) Act can seem daunting. A small employer (generally one with no more than 500 employees) has a number of options, as well as obligations, to consider when adjusting to challenges presented by the COVID-19 pandemic. In broad terms, the obligations and solutions presented under the FFCRA and the CARES Act…

Labor & Collective Bargaining

NLRB Delays Effective Date of Election Rule on Blocking Charges, Recognition Bar, Construction Industry

By Howard M. Bloom & Jonathan J. Spitz

April 9, 2020

The National Labor Relations Board (NLRB) has postponed until July 31, 2020, the effective date of its final rule modifying three aspects of its election procedures: its blocking charge policy, the voluntary recognition bar doctrine, and its rule regarding National Labor Relations Act (NLRA) Section 9(a) recognition in the construction industry. According to the NLRB, the 60-day postponement is due to “the ongoing national emergency caused by the coronavirus ….” For more on the amendments…

California Employment Law Report

California Worker Protection Considerations During the Coronavirus Epidemic

By Anthony Zaller

April 9, 2020

Many local cities and counties throughout California are enacting orders requiring employers to provide personal protective equipment to employees among other items. For example, as of midnight on April 9, 2020, the Los Angeles Mayor Garcetti’s Worker Protection Order becomes effective. The order requires the following in Los Angeles City: Employees still working must wear fact coverings over their noes and mouths while performing their work. The face coverings only have to be fabric, such…

California Workplace Law Blog

San Francisco and San Jose Seek to Implement Supplemental Paid Sick Leave Requirements for Larger Employers

By Stephanie T. Yang & Ashley N. Rippolone

April 9, 2020

Two California cities, San Francisco and San Jose adopted emergency ordinances to expand paid sick leave and emergency Family Medical Leave Act (FMLA) leave benefits. The ordinances cover gaps under federal law by expanding leave benefits under the Families First Coronavirus Response Act (FFCRA) to employers with more than 500 employees. The ordinances cover most gig workers and independent contractors. Under the ordinances, all workers are presumed to be employees unless their employer can affirmatively…