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.…

Product Liability & Mass Torts Blog

COVID-19 or Not, CPSC Keeps Chugging Along

By Mike Gentine

April 9, 2020

With the disruptions wrought by COVID-19, companies are working hard just to keep pace with daily activities. But, as we wrote previously, companies still must meet their regulatory obligations – including obligations to report potential product hazards to the U.S. Consumer Product Safety Commission (CPSC). That may require additional effort in the current environment.…

Employment Law Landscape

DOL Issues Final Rule and Additional Guidance on FFCRA Leave and Pay Requirements

By Kyle Jacob & Julie Furer Stahr

April 7, 2020

On April 1, the U.S. Department of Labor (DOL) issued a press release announcing its publication of a Final Rule on the paid sick leave requirements and family leave requirements of the Families First Coronavirus Response Act (FFCRA). Relying on the “good cause” exception of the Administrative Procedure Act (APA), the DOL bypassed the generally required notice and public comment provision before issuing the Final Rule. The Final Rule supplements and clarifies the multiple FFCRA…

Product Liability & Mass Torts Blog

Supreme Court Will Address Personal Jurisdiction After State Courts Interpret BMS Decision

By Brett F. Clements & Elizabeth Runyan Geise

April 7, 2020

Personal jurisdiction has always been a thorny and fact-specific topic in civil procedure. But the increasing complexity of transactions – development and manufacture of products across many borders, complicated chains of distribution, and the sale of products or services anywhere over the internet – has made it difficult for due process to keep up with technological and business advances. Courts can exercise jurisdiction over defendants only in locations where constitutional due process protections allow. In…

Employment Law Landscape

Give the IRS Some Credit: IRS Issues Families First Coronavirus Response Act FAQs Ahead of April 1 Effective Date

By Lauren S. Novak

April 2, 2020

Another day, another round of guidance from the federal government on the Families First Coronavirus Response Act (FFCRA). This time, it is the Internal Revenue Service (IRS) that has issued long-awaited FAQs for those employers looking to take advantage of the new law’s tax credits. The FAQs also include insights for employers with under 50 employees seeking an exemption from the law.…

Energy & Environmental Law Adviser

First Circuit Decision Signals Vulnerability of EPA Directive Limiting Scientist Membership in Advisory Committees

By Robert D. Boley & J. Michael Showalter

March 31, 2020

Historically, the U.S. Environmental Protection Agency has relied upon advisory committees comprising members from the scientific community to advise the EPA on the development and implementation of regulations. The Trump Administration has taken measures in recent years to constrain the authority and composition of these committees. But the First Circuit’s recent decision in Union of Concerned Scientists v. Wheeler signals a limit on these measures – ruling in favor of a challenge to the administration’s…

Employment Law Landscape

Updated Guidance for Employers on Paid Leave Requirements of the Families First Coronavirus Response Act

By Derek Barella & Kyle Jacob

March 31, 2020

On March 27 and 28, the U.S. Department of Labor (DOL) released additional question-and-answer style guidance on the emergency paid sick and family leave provisions of the Families First Coronavirus Response Act (FFCRA), which we first reported here. We look below at seven key issues addressed in the DOL’s updated guidance.…

Employment Law Landscape

CARES Act: Four Key Labor Provisions Employers Need to Know

By Michael P. Wissa

March 27, 2020

Subtitle C of the Coronavirus Aid, Relief, and Economic Security (CARES) Act amends certain provisions in the Emergency Family and Medical Leave Expansion Act and the Families First Coronavirus Response Act. Here are four key provisions that employers need to know:…

Employment Law Landscape

CARES Act: Expansion of Unemployment Insurance and Benefits

By Michael P. Wissa

March 27, 2020

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the “Relief for Workers Affected by Coronavirus Act” (Title II, Section A) provides for a substantial expansion of unemployment insurance and benefits for workers sidelined for specified reasons associated with COVID-19. Key aspects of the program are as follows:…

Energy & Environmental Law Adviser

EPA to Relax Civil Enforcement for Non-Compliance Due to COVID-19 Pandemic

By Daniel J. Deeb & Alex Garel-Frantzen

March 27, 2020

In recognition of the impact the COVID-19 outbreak is having on every facet of life, the U.S. Environmental Protection Agency (EPA) issued a temporary enforcement discretion policy to excuse certain civil violations occurring during and due to the COVID-19 pandemic. While the EPA expects regulated facilities to maintain compliance, the agency does not expect to seek penalties for noncompliance for routine environmental monitoring and reporting obligations provided certain conditions are met. Other activities, such as…

Schiff Hardin LLP

Schiff Hardin LLP Blogs

Blog Authors

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

COVID-19 or Not, CPSC Keeps Chugging Along

DOL Issues Final Rule and Additional Guidance on FFCRA Leave and Pay Requirements

Supreme Court Will Address Personal Jurisdiction After State Courts Interpret BMS Decision

Give the IRS Some Credit: IRS Issues Families First Coronavirus Response Act FAQs Ahead of April 1 Effective Date

First Circuit Decision Signals Vulnerability of EPA Directive Limiting Scientist Membership in Advisory Committees

Updated Guidance for Employers on Paid Leave Requirements of the Families First Coronavirus Response Act

CARES Act: Four Key Labor Provisions Employers Need to Know

CARES Act: Expansion of Unemployment Insurance and Benefits

EPA to Relax Civil Enforcement for Non-Compliance Due to COVID-19 Pandemic

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