Summertime: Child Care and Child Labor News
Summer camp closures and extended school sessions present new challenges for both working parents and for companies employing teens. The Department of Labor has offered new guidance on both issues.…
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Don’t Get Bitten—COBRA and Costly Consequences of Non-Compliant Notices
COBRA: an acronym that strikes fear (and understandable confusion) into the hearts of many employers. If you have 20 or more employees, you are subject to the often equivocal requirements of the Consolidated Omnibus Budget Reconciliation Act—and the consequences of non-compliance can be poisonous. Given the increase in COBRA-related lawsuits and the Department of Labor’s (DOL) recent revisions of its model COBRA coverage notices, this should be on the radar of all employers who may…
The Black Lives Matter Movement and the Workplace
The Black Lives Matter movement, protesting racism, police brutality, and the deaths of George Floyd and other Black Americans, has not only been seen and heard in streets around the world; it has found a new voice in corporate boardrooms as well. The 8-minute, 46-second video of a police officer indifferently kneeling on the neck of Floyd, an unarmed Black man, as he pleaded “I can’t breathe” has prompted a wave of statements from CEOs…
Navigating the NLRA in the Pandemic and Post-Pandemic Workplace: What Both Union and Nonunion Employers Need to Know
As shelter in place restrictions ease and U.S. workplaces begin to reopen, both union and nonunion employers may find themselves facing a host of new challenges. Employers may wonder what they should be doing to keep their employees safe at work. They may wonder what kinds of medical tests they can perform on employees before allowing them into their facilities. They may wonder whether they need to disclose to their employees when one of their…
Suspending Entry for Temporary Workers: What Employers Need to Know
On Monday, President Trump issued a Proclamation restricting certain foreign workers from entering the U.S. through the end of 2020, claiming it is necessary to curb the “economic contraction resulting from the COVID-19 outbreak.” The ban specifically targets work visas that many American employers rely upon to fill U.S. labor shortages. With the stated purpose of reducing competition against Americans for jobs in the U.S. economy, the Proclamation restricts visa issuance to certain H-1B professional…
It’s Official: Discrimination on Basis of Sexual Orientation/Transgender Status is Prohibited
Employers should take note that discrimination on the basis of sexual orientation or transgender status now clearly violates federal law. In a landmark decision issued on June 15th, in Bostock v. Clayton County, the Supreme Court held (6-3) that an employer who fires an individual for being gay or transgender violates Title VII of the Civil Rights Act of 1964.…
DOL Changes Rules for Fluctuating Workweek and Retail Establishments
Employers who use the fluctuating workweek method of compensating employees and those who rely on the retail establishment exemption from overtime are both in for some changes. Recently the Department of Labor (DOL) passed two key regulations altering the application of certain rules under the Fair Labor Standards Act (FLSA) applicable to each. First, the DOL has authorized employers to offer bonuses and hazard pay to workers with fluctuating workweeks, without destroying the validity of…
Homeland Security Eases Policy on Expired Documents and Extends Remote Verification for Form I-9
In light of COVID-19, the federal government has extended temporary guidance relating to remote verification and relaxed restrictions on documents supporting I-9 verification. With respect to the latter, given ongoing stay-at-home orders and restrictions on renewing state driver’s licenses, state ID cards, and other forms of List B identity documents due to COVID-19, the Department of Homeland Security (DHS) has issued a temporary policy regarding expired List B identity documents used to complete Form I-9,…
Chicago Prohibits Retaliation Against Employees Who Follow Orders Requiring Them To Stay At Home
Employees in Chicago have been granted new protections if they must stay at home to comply with a state or local stay order or to care for someone under such an order under a new Chicago City Council ordinance enacted late last month. The Anti-Retaliation Ordinance, SO2020-2343 protects employees who work as few as two hours in a two-week period and is effective immediately.…
Across the Digital Divide: Managing Remote Workers
The explosive growth of teleworking during the COVID-19 pandemic has re-shaped notions about how we work, presenting novel challenges for management. Re-opening business worksites brings new legal and operational challenges in continuing to effectively manage remote workers, while deciding whether, when, and which remote workers should return to the worksite. The new focus on teleworking requires consideration of a host of issues including technology, productivity and communications, cybersecurity, time and recordkeeping, and best practices for…