As the number of new reported cases continues to climb in South Carolina, employers in all industries are confronted with COVID-19 related challenges. Employers look to the Centers for Disease Control and Prevention (CDC) and the South Carolina Department of Health and Environmental Control (DHEC) for guidance on issues associated with the pandemic, as well as other regulatory authorities, including the Equal Employment Opportunity Commission (EEOC).
Archives for July 8, 2020
EEOC Looks to Increase Early Resolutions With Pilot Conciliation, Mediation Programs
The Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process.
More Minnesota Cities Following Suit in Requiring Facemasks
The cities of Edina, Rochester, and Mankato are the most recent in Minnesota to require individuals to wear facemasks in public. They join the growing number of cities and states with the same requirements to prevent the spread of COVID-19 in the United States.
U.S. Supreme Court Rules in Favor of Religious Employers and Trump Administration in Two Important Decisions
Executive Summary: Today, July 8, 2020, the Supreme Court decided two cases – both by a 7 to 2 vote – involving the impact of religion in employment. First, the Supreme Court clarified the applicability of the Ministerial Exemption for religious organizations, including religious schools, from the federal antidiscrimination laws. Second, the Supreme Court upheld as valid two Trump Administration interim rules providing that employers who have sincerely held religious beliefs or moral objections against providing insurance coverage or payments for contraceptive services cannot be required to provide such coverage or payments.
DHS Rolls Back Some Temporary COVID-19 Exemptions for Certain International Students
Executive Summary: The U.S. Department of Homeland Security (DHS) recently announced that it is rolling back some of the temporary COVID-19 pandemic exemptions for international students in F-1 and M-1 status that allowed them to take online classes. For the fall 2020 semester, international students attending schools operating entirely online may not take a full online course load and remain in the United States. DHS plans to publish the new procedures and responsibilities as a temporary final rule in the Federal Register.
Students on F-1, M-1 May Be Removed, ICE Announces
U.S. Immigration and Customs Enforcement (ICE) has announced that students in F-1 or M-1 nonimmigrant status will not be able to remain in or enter the United States if they are taking only online courses during the upcoming fall semester. This is a last-minute change from the flexibility that students
New San Francisco Emergency Ordinance Requires Layoff Notices, Reemployment Rights and Reasonable Accommodation for Eligible Workers
On July 3, 2020, San Francisco Mayor London Breed (D) returned unsigned1 File Number 200455, an emergency ordinance that took effect immediately and now requires employers with 100 or more employees to provide written notice when layoffs occur, grants reemployment rights for employees impacted by COVID-19-related job separations, and prohibits
Mid-Year Safe Harbor Design Changes in a COVID-19 World
As COVID-19 continues its upheaval of nearly all aspects of life, retirement plan administration included (see some of our prior discussions here, here, here and here), the Internal Revenue Service recently issued guidance providing additional relief for the sponsors of certain plans. IRS Notice 2020-52 clarifies requirements for mid-year changes
A ‘Get Out of Masking Free’ Card Based on the ADA?
It should come as no surprise that the masking debate continues to heat up. In the past week, news outlets and social media platforms have been abuzz about face mask exemption cards.
Workforces Stranded Abroad Due to COVID-19 and Presidential Proclamation? Implications of Remote Work When Employees Cannot Enter the United States
COVID-19 has had significant implications on how employers engage a workforce—particularly with respect to U.S. immigration. The employment changes caused by the pandemic, combined with President Donald Trump’s recent proclamation prohibiting certain H1-B, H-2B, L-1, and J-1 visa beneficiaries from entering the United States, may forever change how U.S. employers
CDC Issues COVID-19 Testing Strategy Guidance for Workplaces
On July 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued new guidance entitled “SARS-CoV-2 Testing Strategy: Considerations for Non-Healthcare Workplaces.” The new guidance recommends incorporating COVID-19 testing in five scenarios: (1) testing individuals with COVID-19-related symptoms; (2) testing asymptomatic individuals with a recent known or suspected
Top 15 Questions Employers May Need Answered to Prepare for Chicago’s New Emergency Travel Order
On July 2, 2020, Chicago Department of Public Health Commissioner Allison Arwady, M.D., issued an emergency travel order (Public Health Order No. 2020-10) in an effort “to reduce the spread of COVID-19.”
20 Tips for U.S. Virgin Islands Employers in 2020: Consider the Implications of the Supreme Court’s Bostock Decision
Conducting business in the Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series will offer tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part six of this series addresses workplace rules, orders,
Patrick Peters Authors “LGBTQ+ Rights in Ohio: A Changing Landscape in the Workplace”
Patrick Peters authors “LGBTQ+ Rights in Ohio: A Changing Landscape in the Workplace,” published by the Ohio State Bar Association.
Second Circuit Affirms Use of Fluctuating Workweek Pay Method for ‘Big Box’ Store District Managers
Concluding that the company properly used the fluctuating workweek (FWW) pay method, the Second Circuit Court of Appeals has affirmed summary judgment in favor of retailer Bed Bath & Beyond in a Fair Labor Standards Act (FLSA) collective action brought by a group of former district managers. Thomas v. Bed Bath & Beyond, 2020 U.S. App. LEXIS 18747 (2d Cir. June 15, 2020).