We hope that you, your families and colleagues are safe and doing well. We know these are difficult and challenging times for everyone, including US employers.  As always, we are here to help you navigate the complexities of our current — and quickly changing — environment. Click here to view our 40-minute on-demand webinar — COVID-19: 3 Key Areas for US Employers to Master Now In this webinar, several of our US based Labor & Employment partners…

The EEOC recently updated its Pandemic Preparedness in the Workplace and the Americans with Disabilities Act Guidance, first published in 2009, to specifically address the COVID-19 pandemic. The updated guidance is here. Significantly, the EEOC confirms that the COVID-19 pandemic meets the “direct threat” standard for employee medical examinations and disability related inquiries. Accordingly, employers do not violate the ADA by requiring employees to undergo medical examinations, such as temperature checks, or asking employees…

At noon today, San Francisco, Alameda, San Mateo, Santa Clara, Santa Cruz, Marin, and Contra Costa counties extended their Shelter-In-Place Orders until at least May 1, 2020. The original Shelter-In-Place Orders were set to expire on April 7. The joint press release may be found here. These Orders require all individuals ordered to shelter in place in their residences and for businesses to cease all activities at facilities located within the listed counties and…

In February 2020, the NLRB finally unveiled its long-awaited joint-employer rule governing joint-employer status under the NLRA. The final rule returns the test for determining joint employment to the standard the Board applied for several decades before the 2015 Browning-Ferris decision. The test set forth by the new joint-employer rule provides that a business is a joint employer only if it has “substantial direct and immediate control” over another company’s workers and actually exercises that…

A Statewide Executive Order and comprehensive list of Texas counties and cities with shelter-in-place or stay-at-home orders has been complied. Note that this does not cover counties that may have less restrictive orders in place, similar to the restaurant and bar bans that were prevalent last week (i.e., a county or city’s absence from this list does not mean there are no restrictions in place, just that a shelter-in-place order has not yet been issued).…

As a further update to our post here, on Thursday, the DOL issued an additional 22 FAQs on FFCRA, addressing required certifications for leave, healthcare coverage during leave, intermittent leave, teleworking, and several other topics. In a major and unexpected twist, DOL takes the position that FFCRA leave is not available if an employer closes a worksite or furloughs employees due to a lack of work or government closure directives. DOL also takes the…

Harris County, Fort Bend County, Galveston County, Collin County, Tarrant County, and Dallas County have all issued Stay at Home / Shelter-In-Place Orders. Harris County Judge Lina Hidalgo issued a “Stay Home, Work Safe” Order taking effect at 11:59 p.m. on March 24, 2020.  The order requires residents to remain inside except for “Essential Activities,” and requires non-essential businesses close their facilities.  “Essential Activities” includes activities related to health and safety, but also allows people to…