The COVID-19 pandemic is creating a host of legal and operational challenges for every workplace.  To help our clients better understand their legal options as they address these issues, our Labor & Employment Group has prepared an ongoing series of S&C Memos, Podcasts and Webinars that outline and explain important employment and labor considerations unique to the COVID-19 crisis.  This includes coverage of the emergency legislation enacted by Congress in response to COVID-19, including the new Families First Coronavirus Response Act; the evolving guidance being issued by various federal agencies, including the Department of Labor, EEOC, and OSHA; legal considerations for workforce restructurings caused by the pandemic; and guidance for employers who are maintaining an in person workforce and/or returning personnel to the workplace.   To receive a notification whenever a new resource is added, sign up for our Legal Developments Affecting the Workplace blog. The situation is rapidly changing and we will be providing timely updates to support our clients. 

Partner Contacts: Nicolas BourtinCatherine M. ClarkinJared M. FishmanJulia M. JordanMarc Treviño and Benjamin H. Weiner


California’s COVID-19 Industry Guidance for Reopening Office Workspaces

June 2, 2020. Under California’s reopening plan, California counties can reopen as they meet certain metrics. Parts of California are currently in Stage 2 of the previously issued Resilience Roadmap. During Stage 2, certain lower-risk workplaces can reopen with adaptations, including: retail, manufacturing, offices (when telework is not possible), outdoor museums and limited personal services.

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Updated: California Governor Newsom Announces Certain Businesses May Begin Reopening on May 8, 2020

June 2, 2020 Update. California has issued industry guidance for office workspaces. More detailed information about that guidance can be found in our blog post, California’s COVID-19 Industry Guidance for Reopening Office Workspaces.

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CDC Issues Interim Guidelines for COVID-19 Antibody Testing

June 1, 2020. On May 27, 2020, the U.S. Centers for Disease Control and Prevention (the “CDC”) issued interim guidelines for COVID-19 antibody testing. While this guidance is primarily intended for healthcare providers, clinical laboratory professionals, and public health officials, the interim guidelines also include information relevant to employers as they consider whether and to what extent to use antibody testing in their reopening plans.

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Week of May 25, 2020

May 29, 2020 – CDC Issues Guidance for Employers in Office Buildings in Response to COVID-19 Pandemic (Blog Post)

May 28, 2020 – Updated: U.S. Department of Treasury and Small Business Administration Release Loan Forgiveness Application Form and Instructions for Paycheck Protection Program (Blog Post)

May 26, 2020 – Updated: N.Y. Governor Cuomo Announces Statewide Mandate that Employees of Non-Essential Businesses Cannot Report In Person to the Workplace, and that Individuals Remain Indoors to the Greatest Extent Possible (Blog Post)

Week of May 18, 2020

May 21, 2020 – S&C Labor & Employment Lawyers Author Employers’ Guide to Return-to-Work Considerations (Article)

May 20, 2020 – Updated:  California Expands Workers’ Compensation in Response to COVID-19 Pandemic (Blog Post)

May 20, 2020 – Updated: OSHA Issues Enforcement Guidance on Recording COVID-19 Cases (Blog Post)

Week of May 11, 2020

May 15, 2020 – Updated: Guidance for Determining Whether Your Business Is “Essential” or “Critical” Under Executive Orders Related to Coronavirus and Relevant Employment Law Considerations (Blog Post)

May 12, 2020 – EEOC Delays Collection of Demographic Data in Light of COVID-19 (Blog Post)

May 11, 2020 – Updated: U.S. Department of Labor's Wage and Hour Division Issues Initial Guidance and Model Employee Notice Regarding the Leave Provisions of the Families First Coronavirus Response Act: Part I (Blog Post)

May 11, 2020 – Updated: U.S. Department of Labor's Wage and Hour Division Issues Additional Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part II (Blog Post)

May 11, 2020 – Updated: U.S. Department of Labor's Wage and Hour Division April 3, 2020 Guidance on Leave Provisions of the Families First Coronavirus Response Act: Part III (Blog Post)

May 11, 2020 – Updated: EEOC Releases Updated Guidance to Employers Regarding ADA-Compliant Practices During the COVID-19 Crisis (Memo)


Week of April 27, 2020

April 29, 2020 – S&C Critical Insights – Return-To-Work Considerations For Employers Following COVID-19 (Podcast)

April 28, 2020 – S&C Critical Insights – The Impact of COVID-19 on the Aviation Industry (Podcast)


Week of April 20, 2020

April 24, 2020 – Updated: Coronavirus Aid, Relief, and Economic Security Act – Key Employer Takeaways (Memo)

April 23, 2020 – Paycheck Protection Program: Stimulus Legislation To Replenish the Paycheck Protection Program by Providing an Additional $310 Billion (Memo)

April 23, 2020 – COVID-19 Response—Return-to-Work Considerations for Employers (Memo)

April 22, 2020 – Updated: U.S. Department of Treasury, IRS, and U.S. Department of Labor Announce Plan to Implement Paid Leave and Tax Credit Provisions of the Families First Coronavirus Response Act (Blog Post)

April 22, 2020 – Updated: Families First Coronavirus Response Act's Leave Provisions: Implementing Regulations (Memo)

April 21, 2020 – Updated: WARN Act Requirements for Workforce Restructuring Caused by the Coronavirus Pandemic  (Blog Post)

April 21, 2020 – San Francisco Mandates COVID-19 Public Health Emergency Leave For Employers with 500 or More Employees (Blog Post)


Week of April 13, 2020

April 16, 2020 – Updated: The City of Los Angeles Mandates COVID-19 Supplemental Paid Sick Leave For Employers with 500 or More Employees Within Los Angeles or 2,000 or More Employees Within the United States (Blog Post)

April 14, 2020 – The City of Los Angeles Orders Mandatory Face Coverings to Protect Certain Essential Employees (Blog Post)

April 14, 2020 – Coronavirus Aid, Relief, and Economic Security Act—U.S. Department of Labor Issues Guidance on Unemployment Provisions (Memo)

Week of March 30, 2020 

April 3, 2020 – California Governor Issues Executive Order Relating to Virtual-Only Shareholder Meeting Requirements for California Corporations (Memo)

April 2, 2020 – How Employers Can Help Assist Workers Furloughed or Otherwise Hurt by the Coronavirus Pandemic (Blog Post)

March 31, 2020S&C Critical Insights – Key Employer Takeaways Under New CARES Act (Podcast)


Week of March 23, 2020

March 26, 2020 S&C Litigators Author Employers’ Guide to FLSA and FMLA During Coronavirus Outbreak (Article)