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District Court Hits “Pause” on New NLRB Election Rule

Jackson Lewis P.C. • May 31, 2020
The United States District Court for the District of Columbia has blocked several of the provisions of the National Labor Relations Board’s (NLRB) new election rule. Judge Ketanji Brown Jackson court held that those aspects of the new rule were not lawfully promulgated, because the NLRB did not follow the public notice and comment procedure required to be used by federal agencies when promulgating substantive, as opposed to, procedural rules. The rule was slated to go into effect on May 31, 2020. The court wrote:

Administration Offers Exemption from Restrictions on Entry to Foreign Professional Athletes

Jackson Lewis P.C. • May 31, 2020
To support the Trump Administration’s COVID-19 reopening policies, Chad F. Wolf, the Acting Secretary of Homeland Security, signed an order exempting some foreign professional athletes (and their staff and dependents) who compete in certain leagues, from the COVID-19 travel restrictions that are in place for 30 countries: China, Iran, Ireland, the U.K, and the 26 Schengen Zone countries.

Payroll Protection Program Update: House Passes PPP Flexibility Bill

FordHarrison LLP • May 31, 2020
The CARES Act created the Paycheck Protection Program (“PPP”), which amended the Small Business Act (“SBA”) to provide short term loans to companies with fewer than 500 employees and other companies (such as those in the restaurant and hospitality industry). Such loans may be eligible for full forgiveness if used for payroll and other business expenses and all other statutory requirements are met. The SBA continues to issue guidance on a rolling basis, which can impact a company’s eligibility for the loan, use of the loan, and the level of forgiveness.

A “Sign” of Things to Come: Title IX Coordinators and “Signing” Complaints

Franczek Radelet P.C • May 31, 2020
Although some suggest that the Title IX rules issued earlier this month are a boon for schools, colleges, and universities, those of us working to help schools comply with the new rules know that they are anything but a blessing to educational institutions.

Conducting “Virtual” Workplace Investigations: Practical Suggestions for the Human Resources Professional

Littler Mendelson, P.C. • May 31, 2020
Human resources professionals are focused today on dealing with myriad workplace issues arising out of the COVID-19 pandemic – new leave of absence laws, increased safety concerns, new privacy issues, and so on. In addition, many of the old ways of completing basic human resources tasks have been changed by new remote workforces and the need for physical distancing. One of the areas most impacted is internal workplace investigations.

SBA Issues Final Rules on Loan Forgiveness and Loan Review Procedures

Hirsch Roberts Weinstein LLP • May 31, 2020
Important New Requirement: If employee refuses offer to return to work employer must notify unemployment office within 30 days, follow additional steps, to protect loan forgiveness.

Cities of Minneapolis and St. Paul Issue Face-Covering Orders

Jackson Lewis P.C. • May 31, 2020
The cities of Minneapolis and St. Paul have issued orders mandating that individuals wear face coverings in public buildings. They also direct employers to require their employees to wear cloth face coverings.

City of Chicago Unveils Reopening Guidelines, PPE Exchange Ahead of Transition to Phase 3

Jackson Lewis P.C. • May 31, 2020
Mayor Lori Lightfoot has released the City of Chicago’s industry guidelines for reopening as the City prepares to transition to Phase 3 of the “Be Safe Chicago” plan. Under the City’s plan, which established more strict requirements for progressing from phase to phase than the state-wide “Restore Illinois” plan, various industries will be permitted to reopen in a limited manner on June 3, 2020. City services, including park facilities west of Lake Shore Drive and libraries, will reopen on June 8, 2020. The City’s guidelines are largely similar to the statewide guidelines announced by Governor J.B. Pritzker on May 24.

No More Home Haircuts – Cal/OSHA Updates Reopening Requirements for Barbershops and Hair Salons

Littler Mendelson, P.C. • May 31, 2020
On May 26, 2020, California Governor Gavin Newsom announced that barbershops and hair salons could open with restrictions in counties that meet certain health criteria. Services at barbershops and hair salons must be limited to those that can be performed with both the worker and customer wearing a face covering that covers the mouth and nose, such as haircuts, weaves and extensions, braiding, lock maintenance, wig maintenance, hair-relaxing treatments, and color services. Services that cannot be provided while both the customer and worker wear a face covering remain suspended, including eyelash services, eyebrow threading and waxing, facials, etc.

CAL/OSHA Issues Guidance on Recording and Reporting Requirements for COVID-19 Cases

Littler Mendelson, P.C. • May 31, 2020
On May 27, 2020, the California Division of Occupational Safety and Health (“Division”), also known as Cal/OSHA, issued the following guidance for employers regarding recording and reporting requirements pertaining to COVID-19 cases:
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