Partner Rick Warren was quoted in the Reporter Newspapers, “Restaurants navigating pandemic guidelines stick to one big rule: build customer trust.”
Judge’s FFCRA Ruling Invalidates USDOL’s “Health Care Provider” Definition and Raises Questions About Paid Leave Eligibility During Pandemic-Related Shutdowns
On August 3, 2020, a federal judge in New York struck down two important limits regarding which employees are eligible for paid leave under the Families First Coronavirus Response Act (FFCRA).
FordHarrison Accolades & Additions: Summer 2020
FordHarrison LLP, one of the country’s largest management-side labor and employment law firms, is pleased to announce the promotion of five attorneys.
Virginia Issues Guidance in Support of Emergency Temporary Standard for the COVID-19 Pandemic
Executive Summary: As first discussed in our July 17, 2020 alert, the Department of Labor and Industry’s (DOLI) Virginia Occupational Safety and Health (VOSH) Program and the Virginia Safety and Health Codes Board have adopted an Emergency Temporary Standard for the COVID-19 Pandemic (ETS). The ETS, which went into effect on July 27, 2020, applies to all private, state, and local government employers and employees covered by VOSH jurisdiction.
Connecticut Creates Rebuttable Presumption that COVID Infection was Work-Related for First Months of the Pandemic
On July 24, 2020, Connecticut Governor Ned Lamont signed his 63rd executive order in response to the public health emergency posed by COVID-19. Executive Order 7JJJ (“the Order”) creates a rebuttable presumption that certain workers who missed at least one (1) day of work between March 10, 2020 and May 20, 2020 and who were diagnosed with COVID-19 contracted the virus on the job.
D.C. Expands Face Mask Requirement – Including Mandate for Employer Provided Masks
Executive Summary: On July 22, 2020, in a response to an increase in reported coronavirus cases in the area, the District of Columbia expanded mask requirements in a Mayoral Order that takes immediate effect.
D.C. Expands Face Mask Requirement – Including Mandate for Employer Provided Masks
Executive Summary: On July 22, 2020, in a response to an increase in reported coronavirus cases in the area, the District of Columbia expanded mask requirements in a Mayoral Order that takes immediate effect.
NLRB Updates Standard on Discipline for Offensive Conduct
Executive Summary: On July 21, 2020, in a unanimous decision, the National Labor Relations Board (“NLRB” or the “Board”) modified the standard for determining whether employees have been lawfully disciplined or discharged after making abusive or offensive statements in the course of activity otherwise protected under the National Labor Relations Act (“NLRA” or the “Act”). See General Motors LLC, 14-CA-197985, 369 NLRB No. 127 (2020). In reaching this decision, the Board announced that all such cases moving forward would be analyzed under the Wright Line standard.
Virginia Becomes First in Nation to Adopt Emergency Workplace Safety Rules in Response to COVID-19
Executive Summary: In what Virginia Governor Ralph Northam described as a response to an “absence of federal guidelines,” Virginia became the first state in the U.S. to establish and implement emergency workplace safety standards in response to the ongoing COVID-19 pandemic.
DHS Rescinds Policy Change on Temporary COVID-19 Exemptions for Certain International Students
After facing a number of lawsuits filed by some U.S. universities and states, the Department of Homeland Security (DHS) has agreed to rescind the policy change announced July 6, 2020 that rolled back some of the temporary COVID-19 pandemic exemptions for international students in F-1 and M-1 status.
California May Pass a Measure for Stronger Privacy Rights Than the California Consumer Privacy Act this Coming November
Introduction: Earlier this year, California’s new consumer privacy law (CCPA) went into effect, and strict state enforcement began on July 1. Since its enactment, the CCPA has undergone several amendments because the plain meaning of the law’s text was not clear.
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.
Lawsuits Against Colleges and Universities for Transitioning from In-Person to Online Classes: The Latest Wave of Covid-19 Litigation
Executive Summary: An Auburn University student claims he did not get what he bargained for in being relegated to distance learning instead of having an in-person educational experience. On June 30, 2020, Steven Bailey filed a federal court class action lawsuit against the university based on the school’s decision to provide online courses instead of in-person instruction during the Spring semester in response to the COVID-19 pandemic. See Bailey v. Auburn University, Case No. 3:20-cv-457-ECM-WC (pending in the Middle District of Alabama).
South Carolina’s New Lactation Support Act
Executive Summary: South Carolina Governor Henry McMaster has signed into law the South Carolina Lactation Support Act (SC Lactation Act or the Act), which requires all South Carolina employers to provide reasonable break time, paid or unpaid, and reasonable space to workers wishing to express breast milk while at work. The Act went into effect on June 25, 2020, and by July 25, 2020, the South Carolina Human Affairs Commission (SCHAC) will post on its website compliance information related to the Act. Employers must comply with the Act within 30 days of SCHAC posting this information.
Social Profiles