Employees—particularly healthcare employees—are increasingly refusing to work because of safety concerns and the need for accommodations related to COVID-19. In certain circumstances, these refusals may trigger protections afforded by the Occupational Safety and Health (OSH) Act, the Americans with Disabilities Act (ADA), and the National Labor Relations Act (NLRA), among
The New Retail and Service Exemption: DOL Revokes Outdated Lists
Effective with the May 19, 2020, publication in the Federal Register, the U.S. Department of Labor’s (DOL) Wage and Hour Division revokes the arbitrary lists it created in 1961 identifying industries that may, or would not, qualify as retail or service in nature “for purposes of an exemption from overtime
COVID-19: 10 Practical Issues for UK Employers When Returning Employees to Work
The UK government has released its roadmap, “Our plan to rebuild: The UK Government’s COVID-19 recovery strategy,” as it looks to ease the lockdown over the coming months.
New Jersey Issues Executive Order No. 142 on Non-essential Construction Projects and Non-essential Retail Businesses
Two weeks after announcing “The Road Back: Restoring Economic Health Through Public Health” plan, New Jersey Governor Philip Murphy signed Executive Order (EO) No. 142 on May 13, 2020, permitting non-essential construction projects and non-essential retail businesses to reopen effective 6:00 a.m. on May 18, 2020. This is Governor Murphy’s
NLRB Rules Against Telephonic R-Hearings Where Witnesses Will Testify
On April 1, 2020, we explained that the National Labor Relations Board (NLRB) would resume processing representation cases on April 6, 2020. Since then, NLRB regional offices have been scheduling and conducting telephonic pre-election hearings and generally have been denying videoconference requests.
New Jersey’s Issues Executive Order No. 142 on Non-essential Construction Projects and Non-essential Retail Businesses
Two weeks after announcing “The Road Back: Restoring Economic Health Through Public Health” plan, New Jersey Governor Philip Murphy signed Executive Order (EO) No. 142 on May 13, 2020, permitting non-essential construction projects and non-essential retail businesses to reopen effective 6:00 a.m. on May 18, 2020. This is Governor Murphy’s
Reopening Missouri: A Look at State and Local Recovery Plans
The “Show Me” state largely sheltered in place on April 6, 2020, when Governor Michael L. Parson and the Missouri Department of Health and Senior Services (DHSS) issued their initial “Stay Home Missouri” order. This came on the heels of Governor Parson’s March 13 Executive Order 20-02 declaring a state
Wisconsin Supreme Court Invalidates State’s ‘Safer at Home’ Order
On May 13, 2020, the Wisconsin Supreme Court issued its decision in Wisconsin Legislature v. Secretary-Designee Andrea Palm, et al. and declared the state’s Safer at Home Order unlawful, invalid, and unenforceable, creating a rush by local jurisdictions to issue orders to prevent the spread of COVID-19, resulting in uncertainty
Governor Walz Issues Executive Order 20-56, Signaling a Reopening of Minnesota
On the evening of May 13, 2020, Minnesota Governor Tim Walz issued Emergency Executive Order 20-56, “Safely Reopening Minnesota’s Economy and Ensuring Safe Non-Work Activities during the COVID-19 Peacetime Emergency.” Executive Order 20-56 provides a loosening of both business restrictions and social restrictions in Minnesota.
Colorado’s Trek Back to Normal: Return-to-Work Orders After the COVID-19 Closures
On March 5, 2020, Colorado reported its first cases of coronavirus, which would multiply exponentially over the following weeks. Since then, the state and various municipalities, including Denver, have actively responded to the COVID-19 pandemic by issuing a series of orders affecting businesses and their requirements with respect to their
House Democrats Unveil HEROES Act, $3 Trillion Bill Responding to COVID-19 Crisis
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
Ninth Circuit Issues Two (Mostly) Pro-Employer Background Check Decisions
The Ninth Circuit recently issued two mostly pro-employer federal Fair Credit Reporting Act (FCRA) background check decisions.
Alabama Reopens Additional Businesses and Provides Immunity to Covered Entities for Certain COVID-19 Claims
On May 8, 2020, Governor Kay Ivey issued an amended Safer at Home order, lifting previous restrictions and providing additional guidance to Alabama businesses. The same day, Governor Ivey issued a separate executive order providing liability protection or immunity to businesses and health care providers.
EEOC Updates COVID-19 Disability Accommodation Guidance to Address Higher-Risk Employees Returning to Work
Since the outset of the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has issued instructions, statements, and guidance to help employers navigate COVID-19’s workplace impact. On May 5, 2020, the EEOC issued an update to its Technical Assistance Guidance on Disability Accommodation to address questions regarding employees at
IRS Updates FAQs to Expand Eligibility for Employee Retention Credits Under the CARES Act
On May 7, 2020, the Internal Revenue Service (IRS) and the Department of the Treasury revised their frequently asked questions (FAQs) guidance on the Employee Retention Credit to allow employers that do not pay wages, but continue to cover the health plan expenses for laid-off or furloughed employees, to qualify