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 Bourtin, Catherine M. Clarkin, Jared M. Fishman, Julia M. Jordan, Marc Treviño and Benjamin H. Weiner
RECENT CLIENT GUIDANCE
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Updated: OSHA Issues Revised Enforcement Guidance on Recording COVID-19 Cases
Updated July 28, 2020 – On or around July 27, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) revised its COVID-19 Frequently Asked Questions webpage to remove certain guidance on when employers should report work-related COVID-19 fatalities or hospitalizations to OSHA.
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U.S. Department of Labor Issues New COVID-19 Guidance on FLSA, FMLA, and FFCRA LeaveJuly 23, 2020 – On July 20, 2020, the Department of Labor’s Wage and Hour Division (“DOL”) provided additional guidance in its Questions and Answers documents regarding COVID-19 and (i) the Fair Labor Standards Act (“FLSA”), (ii) the Family and Medical Leave Act (“FMLA”), and (iii) the leave provisions of the Families First Coronavirus Response Act (“FFCRA”).
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Updated: California Governor Newsom Announces Statewide Rollback on ReopeningUpdated July 14, 2020 – On July 13, 2020, California Governor Gavin Newsom announced that, due to a rise in COVID-19 cases and hospitalizations, effective July 13, 2020, all counties statewide must close indoor operations for dine-in restaurants, wineries, movie theaters, family entertainment, zoos, museums and cardrooms.
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Week of July 6, 2020
July 6, 2020 – California’s COVID-19 Industry Guidance for Reopening Office Workspaces (Blog Post)
July 7, 2020 Update – U.S. Department of Treasury and Small Business Administration Release Loan Forgiveness Applications and Instructions for Paycheck Protection Program (Blog Post)
July 7, 2020 Update – OSHA Issues General Guidance on Returning to Work (Blog Post)
July 7, 2020 – San Francisco Enacts Back-to-Work Emergency Ordinance Mandating Reemployment for Certain Employees Laid Off Due to COVID-19 Pandemic (Blog Post)
Week of June 29, 2020
June 29, 2020 Update – New York City Provides Guidance for Phase Two Reopening of Offices (Blog Post)
June 30, 2020 Update – New York Imposes Employer Obligations to Provide Leave Related to Quarantines During COVID-19 Pandemic (Blog Post)
June 30, 2020 Update – COVID-19 Pandemic—New York Provides Guidance on Phase Two Reopening (Memo)
July 1, 2020 Update – 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)
July 1, 2020 Update – District of Columbia Issues Phase Two Guidance for Reopening Office Buildings (Blog Post)
Week of June 22, 2020
June 23, 2020 – S&C Critical Insights – Communications Strategies for Corporate Crises – COVID-19 Update (Podcast)
Week of June 15, 2020
June 17, 2020 – Updated: Los Angeles Adopts Right of Recall and Worker Retention Ordinances in Response to COVID-19 Pandemic (Blog Post)
June 17, 2020 – Updated: CDC Issues Interim Guidelines for COVID-19 Antibody Testing (Blog Post)
Week of June 8, 2020
June 12, 2020 – EEOC Releases Updated Guidance to Employers Regarding ADA-Compliant Practices During the COVID-19 Crisis (Memo)
Week of June 1, 2020
June 6, 2020 – The Paycheck Protection Program Flexibility Act of 2020 (Memo)
Week of May 25, 2020
May 29, 2020 – CDC Issues Guidance for Employers in Office Buildings in Response to COVID-19 Pandemic (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)