Labor & Employment Law Perspectives

Latest from Labor & Employment Law Perspectives - Page 2

A number of outlets have reported that social media use has significantly increased during the COVID-19 pandemic, as many are quarantined at home with time to kill.  Meanwhile, just as social media use has spiked, the circumstances of George Floyd’s death have led to daily protests throughout the nation.  In the midst of this perfect storm – as Americans take to their smartphones, tablets, and laptops to argue their views on complex societal concerns, a…
Since the outbreak of the COVID-19 pandemic earlier this year, employers have been placed in the position of having to deal with numerous conflicting legal and moral obligations.  Prior to the pandemic, by virtue of the Americans with Disabilities Act and similar state and local laws, employers were greatly limited in the questions they could ask perspective and current employees about their individual health conditions.  Similarly, unless they were seeking a workplace accommodation, employees did…
The CDC list of people at high risk of death or serious illness from contracting COVID-19 is more than just the general guidance we often hear about the elderly or immune-compromised.  Per the CDC: Based on what we know now, those at high risk for severe illness from COVID-19 are: People 65 years and older People who live in a nursing home or long-term care facility People of all ages with underlying medical conditions, particularly…
Bottom Line:  The Department of Labor (DOL) has released new guidance for retirement plans to meet their ERISA disclosure obligations: an additional safe harbor for electronic disclosure of retirement plan ERISA-required disclosures; and a “good faith” compliance standard for plan administrators to meet deadlines to furnish retirement plan ERISA-required disclosures during the course of the National Emergency declared related to the COVID-19 pandemic. Retirement plan sponsors and administrators should take the time now to learn…
The American Federation of Labor and Congress of Industrial Organizations (AFL-CIO), along with other unions, advocacy groups, and some members of Congress, repeatedly has criticized OSHA’s response to the COVID-19 crisis as being insufficient to ensure worker safety during the pandemic.  To that end, on March 4 and 6, 2020, the union petitioned OSHA, demanding that the agency create an Emergency Temporary Standard (ETS) for infectious diseases to protect workers during the COVID-19 pandemic.  When…
With the COVID-19 curve flattening, employers around the country are preparing to resume business operations and bring employees back to the workplace.  Of the many unique challenges employers face in the wake of the novel coronavirus, few are as important as maintaining a safe and healthy workplace.  Maintaining a safe and healthy workplace is in everyone’s best interest, as it will boost employee morale, establish trust and confidence among coworkers and the public, and allow…
In reaction to the Coronavirus crisis, states loosened unemployment benefits eligibility rules and the federal government significantly expanded benefits through The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on March 27, 2020. While many viewed such measures as necessary, they have created incentives that are inconsistent with restarting factories and other businesses.  The expansion of benefits has presented challenges for businesses across various industries that are trying to recall workers,…
On Tuesday May 19, 2020, the Occupational Safety and Health Administration (OSHA), issued a new guidance (again) on employers’ obligation to record COVID-19 cases in the workplace.  Specifically, effective on May 26, 2020, OSHA is rescinding its April 10, 2020 guidance to employers on their obligations recording coronavirus in the workplace.  In that soon-to-be superseded guidance, and as we reported here, OSHA was previously not requiring employers to record positive cases outside the healthcare/emergency…
On May 7, 2020, the Equal Employment Opportunity Commission (EEOC) announced that, due to the impact of COVID-19 on workplaces, it would delay collection of EEO-1 reports nearly a year – until 2021. The agency plans to start collecting 2019 and 2020 EEO-1 data in March of 2021.  To refresh the memories of our readers, all private sector employers with 100 or more employees; or employers who have 50 or more employees and are prime…
Employers have had to contend with a flood of new legal considerations amid the COVID-19 pandemic. To survive under various state and local shelter-in-place mandates, employers have instituted remote (or work-from-home) protocols – some willingly and some out of necessity. Now, many states are permitting employers to reopen in phases.  As employers work towards bringing workers back on site, some high-profile employers, like Twitter, have made the business decision to continue to allow their employees…