Election Day 2020 is days away. Early voting records have been shattered, with tens of millions of voters already casting their ballots by mail or in-person early voting. Despite these record early voting numbers, tens of millions more will still vote in person on November 3. Some of those Election Day voters are certain to be your employees.
Continue Reading We Have Enough Battlegrounds: Keep Employee Voting Leave Requests Civil by Following State Law

The City of Chicago has enacted an anti-retaliation ordinance effective immediately aimed at protecting employees from retaliation if they refuse to work at an employer’s premises in compliance with a public health order issued by the City or the State of Illinois. The ordinance also protects employees from adverse employment actions if they do not report to work at the employer’s worksite due to direction from their healthcare provider to stay at home or to care for an individual who has been directed to stay at home.
Continue Reading Chicago’s Anti-Retaliation Ordinance Protects Some Employees from Reporting to Work

Thousands of businesses nationwide are trying to reopen after shutting their doors because of statewide stay at home orders due to COVID-19. Without question, this has created a significant burden on employers whose financial obligations – employee wages and benefits, rent and mortgage payments, among others – have not ceased despite economic uncertainty and decreased consumption across the board.
Continue Reading To Terminate or Not to Terminate? How PPP Loans Impact Termination Considerations for Employers Seeking Loan Forgiveness

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress created a federal unemployment supplement program, Pandemic Unemployment Assistance (PUA), which extends emergency jobless benefits to gig workers and others who may be ineligible for benefits under existing programs, but are out of work because of the coronavirus pandemic.
Continue Reading DOL Issues Guidance on Pandemic Unemployment Assistance Benefits Under CARES Act

The U.S. Equal Employment Opportunity Commission (EEOC) continues to update its guidance on the interplay of COVID-related issues and the Americans with Disabilities Act (ADA).

The EEOC added new FAQs on April 9 (view our summary) addressing issues of confidentiality, reasonable accommodation, hiring, and harassment. On April 17 and April 23, the EEOC added additional FAQs addressing numerous topics, including the permissibility of widespread COVID-19 testing for employees entering the workplace and additional topics involving requests for accommodations during the pandemic and other issues.
Continue Reading EEOC Updates ADA/COVID Guidance Allowing for COVID Virus Testing and “End Dates” to Some Accommodations

The U.S. Equal Employment Opportunity Commission (EEOC) has issued updated FAQs on the Americans with Disabilities Act (ADA) issues relating to confidentiality, reasonable accommodation, hiring, and other pandemic-related topics. The U.S. Department of Labor Occupational Safety and Health Division (OSHA) also remains active, and has updated employer recordkeeping and reporting requirements regarding workplace transmissions of COVID-19.
Continue Reading EEOC and OSHA Update Prior Guidance on COVID-Related ADA Issues and Workplace Transmission Reporting

On April 1, the U.S. Department of Labor (DOL) issued a press release announcing its publication of a Final Rule on the paid sick leave requirements and family leave requirements of the Families First Coronavirus Response Act (FFCRA). Relying on the “good cause” exception of the Administrative Procedure Act (APA), the DOL bypassed the generally required notice and public comment provision before issuing the Final Rule.

The Final Rule supplements and clarifies the multiple FFCRA Q&A publications the DOL has issued over the past several weeks. On April 3, after the Final Rule was released, the DOL updated its prior Q&A guidance incorporating content from the Final Rule. The updated April 3 guidance is available here. This is the most current and comprehensive set of FFCRA Q&As published to date by the DOL. (Our previous summaries of the DOL’s March 25 and March 28 FFCRA Q&As are available here and here, though readers should note that the Q&As contained in those links have now been updated via the April 3 updated Q&As.)
Continue Reading DOL Issues Final Rule and Additional Guidance on FFCRA Leave and Pay Requirements

On March 27 and 28, the U.S. Department of Labor (DOL) released additional question-and-answer style guidance on the emergency paid sick and family leave provisions of the Families First Coronavirus Response Act (FFCRA), which we first reported here. We look below at seven key issues addressed in the DOL’s updated guidance.

Continue Reading Updated Guidance for Employers on Paid Leave Requirements of the Families First Coronavirus Response Act

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the “Relief for Workers Affected by Coronavirus Act” (Title II, Section A) provides for a substantial expansion of unemployment insurance and benefits for workers sidelined for specified reasons associated with COVID-19.  Key aspects of the program are as follows:
Continue Reading CARES Act: Expansion of Unemployment Insurance and Benefits