The Changing Landscape of Union Organizing and Worker Activism
Latest from Larkin Hoffman Employment & Labor Law Blog
The Future of the FFCRA
After much hand wringing, negotiation and name-calling, Congress has passed its second COVID-19 stimulus package, which was signed by President Trump on Sunday, December 27, 2020. For months, clients have been asking whether the Families First Coronavirus Response Act (“FFCRA”) will be renewed or whether it will expire on December 31. We now have the answer.
The FFCRA Mandatory Leave Requirements Expire on December 31, 2020
The mandated leave provision, for both emergency paid sick…
The COVID -19 Vaccine is Here! What’s Ahead?
Now that the first COVID-19 vaccines are being delivered and administered and a second vaccine is close behind, employers are asking whether they can require that employees be vaccinated. In September, Dan Ballintine and I recorded a podcast on mandatory vaccines. On December 16, 2020, the EEOC issued guidance on the ADA and vaccines. Although this guidance does not change the information that Dan and I provided in our podcast, I thought it would…
Conflicting Messages: An Executive Order vs. Affirmative Action
The EEOC has encouraged employers to voluntarily modify employment practices and systems which create barriers to equal employment opportunity, without waiting for litigation or formal government action. The EEOC has said that the principle of nondiscrimination in employment because of race, color, religion, sex or national origin and the principle that each employer should take voluntary action to correct the effects of past discrimination and to prevent present and future discrimination are mutually consistent and…
Department of Labor Brings Some Clarity to the Families First Coronavirus Response Act
On August 14, we wrote a blog post that discussed the impact of a New York court case which invalidated several features of the Final Rule issued by the U.S. Department of Labor (DOL) to implement the Families First Coronavirus Response Act (FFCRA). At that time, it was unclear whether the court’s decision applied throughout the nation, or solely in the state of New York.
In response to the New York case, the DOL has…
The Minnesota Employer’s Guide to Navigating Workplace Issues During COVID-19
To Require Vaccines or Not: That is the Question
Recommendations in Light of New Ambiguity in the Families First Coronavirus Response Act
Effective April 1, 2020, Congress passed the Families First Coronavirus Response Act (FFCRA) obligating employers to provide Emergency Paid Sick Leave (EPSL) and Emergency Family Leave (EFL) to employees who are unable to work because of the pandemic. The U.S. Department of Labor (DOL) issued a Final Rule effective April 6, 2020, expanding on the requirements of the FFCRA that would go into effect.
Following the publication of the Final Rule, the State of New…
Preparedness Plan Requirements Guidance for Construction Revised with Little Real Change
This post is co-written by Phyllis Karasov and Mike Schechter.
On Wednesday, June 24, we wrote an article on the Minnesota Department of Labor and Industry’s guidance that requires a preparedness plan for the construction industry. The guidance was confusing and placed onerous responsibilities on contractors, owners and public entities, including ensuring that plans among owners, generals, subcontractors, and others align. AGC of Minnesota and Housing First Minnesota have been advocating for meaningful clarification and change in the…
Manufacturing Guidelines: New or the Same?
OSHA has been criticized for failing to promulgate a new standard for COVID-19. The AFL-CIO sued OSHA in U.S. federal court, requesting a court to order OSHA to publish an emergency temporary standard covering COVID-19. Last week the D.C. Court of Appeals dismissed the lawsuit and the AFL-CIO has appealed.
Meanwhile in Minnesota, the State has taken the matter into its own hands and published guidance describing what safety, sanitizing and health protocols must be…