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.
Articles Discussing Workplace Issues Related to the Coronavirus (COVID-19)
To Open or Not to Open? The CDC Issues Long-Awaited Reopening Recommendations
On May 14, 2020, the Centers for Disease Control and Prevention (CDC) issued general guidance for workplaces, schools, youth programs and camps, childcare centers, mass transit systems, and restaurants and bars looking to reopen during the coronavirus disease 2019 (COVID-19) […]
The post To Open or Not to Open? The
Government Guidance on How Ineligible Individuals can Return COVID-19 Stimulus Payment
On May 11, 2020, the IRS issued guidance about how to return an Economic Impact Payment (EIP), also known as a COVID-19 stimulus payment. Ineligible individuals who receive EIPs are required to return them.
COVID-19 Considerations for UK Employers
As the spread of the novel coronavirus COVID-19 continues to accelerate, employers are facing significant challenges to their business and their workforce. Employers are faced with an onslaught of employment law changes – from changes to statutory sick pay to the hot topic of the moment, furlough.
It is
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
House Democrats Unveil “Phase 4” COVID-19 Relief Legislation, Including Expansion of Paid Sick and Family Leave, Hazard Pay, and Unemployment Benefits
On May 12, 2020, the Democratic leadership of the U.S. House of Representatives unveiled its opening bid in the next round of COVID-19 response legislation. As expected, the proposal—the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act—includes a number of labor and employment provisions of great significance to
Virginia Delays Phase One of its Business Reopening Plan in Northern Virginia Region
On May 12, 2020, Virginia Governor Ralph Northam issued Executive Order 62 and Order of Public Health Emergency Four (“Executive Order 62”), which delays the implementation of Phase One of the Commonwealth’s three-phase reopening plan for the Northern Virginia Region until May 29, 2020.
Is Karaoke Dead? An Employer’s Guide to Post-Pandemic Life
From social distancing to temperature checks, Kimberly Doud and Nancy Johnson consider the new workplace environment.
Association of Corporate Counsel
Employers Beware: COVID-19–Related Employment Lawsuits Are Heating Up
For the last several months, employers have been forced to learn how COVID-19 spreads, how to maintain or resume safe work environments, and how to navigate a complex web of new and existing laws and regulations implicated by the pandemic. Employers have also had to contend with a growing wave
Tort Claims for Workplace Exposure to COVID-19: A Coming Wave?
While numerous states are acting to expand the scope of their respective workers’ compensation systems to embrace COVID-19-related workplace exposure claims, a persistent drip of tort claims threatens to breach the exclusive remedy bar. Will courts open the floodgates?
Rise of Imposter Claims for Unemployment
The persistent problem of undocumented workers presenting plausible (but ultimately fraudulent) employment verification documents to employers has taken a new twist in the COVID-19 pandemic: a rise in imposter claims for unemployment insurance.
Imposter claims are a type of identity theft; someone uses someone else’s personal information, including Social Security
SBA Offers Further Guidance — and Certainty — Regarding Good Faith Certification of PPP Loan; Further Extends Safe Harbor Repayment Date
In a significant, and overall welcome, development, on May 13, 2020, the Small Business Administration (SBA) issued additional guidance regarding the required certification by applicants for a Paycheck Protection Program (PPP) loan that the “current economic uncertainty makes th[e] loan request necessary to support the ongoing operations of the Applicant.”
Despite Pandemic, Chicago’s Fair Workweek Ordinance to Take Effect as Scheduled
Chicago passed the Chicago Fair Workweek Ordinance in July 2019. This Ordinance, which is set to take effect on July 1, 2020, requires covered employers to provide advance notice of work schedules to their covered employees, and to pay additional wages if posted schedules are changed within a certain
Small Business Administration (Finally) Clarifies Paycheck Protection Program Necessity Certification
Recent statements by Small Business Administration (SBA) and Treasury Department officials have confused many Paycheck Protection Program (PPP) borrowers and led many to return PPP funds or consider doing so. Finally, the SBA has issued FAQ 46, which should assuage many borrowers’ concerns.
Previously, the SBA notified borrowers through a