Beginning July 1, 2020, the Virginia Workers’ Compensation Commission will begin enforcing a new law that will affect how Virginia employers and their workers’ compensation insurance carriers respond to initial claims for benefits filed by an injured worker.
Archives for June 2020
A Littler Virtual Litigation Podcast: Successful Virtual Mediations
Even though most shelter in place orders have been lifted, and some courthouses are reopening, much of the work in the legal profession is still being conducted remotely. While there may be both advantages and disadvantages to litigating over the internet, virtual litigation is here to stay.
Reversing Course, NLRB Holds Employers Have No Pre-disciplinary Bargaining Obligation
On June 23, 2020, the National Labor Relations Board issued its decision in 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (2020), holding that employers have no duty to bargain over serious employee discipline imposed before the negotiation of a collective
DOL Issues More Guidance on School Closure Issues Related to FFCRA Paid Leave and FLSA Child Labor Limitations
As employers know, Congress recently enacted the Families First Coronavirus Response Act (FFCRA), which requires most public employers and private sector employers with less than 500 employees to provide paid leave to
OSHA Does Not Back Employee Work Refusals in All Circumstances
Since March 2020, workers have expressed elevated concerns about their exposure to COVID-19 on construction sites. As states lift restrictions on construction work, employers should note that the Occupational Safety and Health Administration (OSHA) limits workers’ ability to refuse work.
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IRS Provides Guidance on PTO Donation Programs to Aid Victims of the COVID-19 Pandemic
The novel coronavirus (COVID-19) continues to cause widespread challenges for employers and their employees. Accordingly, employers have implemented a number of policies and programs to assist employees and others impacted by COVID-19.
Texas Businesses Across the State Face Fines for Failing to Comply With Newly-Issued Face Covering Mandates
As Texas has gradually reopened, the number of COVID-19 cases and associated hospitalizations has dramatically increased. In response to local conditions, Bexar County Judge Nelson Wolff recently issued Executive Order NW-10, under which all businesses operating in the county must adopt a health and safety policy that requires both employees
Puerto Rico Extends Due Date for Coronavirus-Related Distributions From Qualified Retirement Plans
On June 23, 2020, the Puerto Rico Department of the Treasury (commonly known by its Spanish-language name, Departamento de Hacienda de Puerto Rico, or Hacienda) issued Circular Letter of Internal Revenue No. 20-29 (CL 20-29), which extends the due date from June 30, 2020, to December 31, 2020, for the
Health Plans Post-Bostock: Mixed Signals on Sex Discrimination?
Most employer-sponsored health plans will be exempt from the primary Affordable Care Act (ACA) provision governing race, color, age, sex, disability, and national origin discrimination under new final rules issued by the U.S. Department of Health and Human Services (HHS). Only plans (or other covered programs and activities) that receive
EEOC Issues Guidance on Antibody Testing in the Workplace
In late-March and April 2020, the Equal Employment Opportunity Commission (EEOC) released guidance addressing various questions with answers concerning COVID-19 and related workplace disability-related issues under the Americans with Disabilities Act (ADA). Recently, on June 17th, the EEOC updated its guidance to include a new question regarding antibody testing.
Most
San Diego County Climate Changes Again on Mandatory Temperature Checks
San Diego County employers that scrambled to find thermometers to comply with the county’s prior health order learned on June 16, 2020 that their efforts were not in vain. One week after the county amended its order to omit onsite temperature checks from its employee health screening requirements, it
IRS Expands and Clarifies CARES Act Distribution Rules
Since March 27, 2020 when the CARES Act was signed into law, many questions have mounted related to implementing the retirement plan provisions. Now, with roughly 3 months under our belts since the issuance of the Act and countless CARES Act distributions and loan suspensions processed, the IRS clarified several
The Intersection of the COVID-19 Pandemic and BLM Presents New Issues for Employers
By: The Intersection of the COVID-19 Pandemic and BLM Presents New Issues for Employers
Employers have been struggling with compliance with rapidly changing federal, state, and local workplace requirements related to the COVID-19 pandemic since March. Now, employers are facing an intersecting issue—how to manage employees who attend mass protests related
CA Court Addresses Compensability of Commute Time for Service Technicians Carrying Employer Tools and Supplies
This week, a California court issued its opinion in Oliver v. Konica Minolta Business Solutions USA, Inc., holding that service technicians using their personal vehicles to carry supplies and tools to and from customer locations
Illinois Supreme Court Agrees with City of Chicago regarding Destruction of Police Officer Misconduct Records
In a decision applauded by citizens of the City of Chicago and its leadership, the Illinois Supreme Court found that a provision in the collective bargaining agreement between the Fraternal Order of Police, Chicago Lodge No. 7 (FOP), and the […]