On April 22, Governor Dunleavy announced Health Mandate 016, reflecting Phase 1 of the Governor’s Reopen Alaska Responsibly Plan. The Governor anticipates issuing information on Phases 2 through 5 of the Plan in the near future. Phase 1 of the Plan permits limited openings of businesses, including restaurants, retail businesses, personal services businesses, and both … Continue Reading
On April 21, Washington’s Governor Inslee remarked that the eventual reopening of Washington will “look more like turning a dial than flipping a switch.” But the timing of that dial turning is still unknown. Governor Inslee did not comment on whether his Stay Home, Stay Healthy order will be lifted on its current end date … Continue Reading
Most employers are aware of the Paycheck Protection Program (“PPP”) created by the CARES Act that could provide assistance with meeting payroll, but the program quickly ran out of money, leaving many without funding. To address that and other issues, the Senate passed the Paycheck Protection Program and Health Care Enhancement Act, see here, to … Continue Reading
Many Washington employers are looking for ways to retain skilled labor until businesses reopen. The Washington Employment Security Department’s (“ESD”) emergency rules may help during the COVID-19 crisis. Employers who plan to rehire employees when businesses reopen may request “standby” status for laid off employees, which has been expanded under the emergency rules. Standby status … Continue Reading
On April 16, 2020, California Governor Gavin Newsom issued Executive Order N-51-20 (the “Order”). Similar to laws recently enacted by local California jurisdictions, the Order entitles certain workers to paid leave for reasons related to COVID-19 who are otherwise ineligible for such paid leave under the Families First Coronavirus Response Act (“FFCRA”). As discussed here, … Continue Reading
The Seattle City Council has expanded Paid Sick and Safe Time (“PSST”) in response to COVID-19. In addition to the usual reasons for which a Seattle employee may use PSST, the new amendments provide that Seattle employees must be allowed to use their accrued PSST: when the employee’s family member’s school or place of care … Continue Reading
We have been counseling employers throughout the COVID-19 pandemic and have encountered several common scenarios. Many of the most frequently asked questions are addressed in our Employer FAQs. This post provides additional information on the interaction between various pandemic-related issues and the Americans with Disabilities Act (“ADA”). An employee known to be suffering from a mental … Continue Reading
For at least the next two months, Washington employers are required to take extra measures to accommodate employees characterized by the Centers for Disease Control and Prevention (CDC) to be at higher than normal risk of severe illness or death if they contract COVID-19. On April 13, Governor Inslee issued Proclamation 20-46, “High-Risk Employees – … Continue Reading
We continue to stay up-to-speed on workplace issues related to COVID-19, including the new federal CARES Act and the Families First Coronavirus Response Act (“FFRCA”). In order to help employers navigate FFCRA, we’ve created this FFCRA flowchart and this FFCRA employee leave request form. Please note that our Employer FAQs, flowchart, and request form provide general guidance and are … Continue Reading
On April 1, 2020, the U.S. Department of Labor (“DOL”) issued regulations for the Families First Coronavirus Response Act (“FFCRA”), which went into effect the same day. The regulations are available here. The majority of the content in the regulations is not new and simply repeats information that is also available in the DOL’s FAQs … Continue Reading
Current Oregon law grants two important rights to manufacturing employees: (1) they are entitled to overtime pay if they work more than 10 hours in a single work day (and can never work more than 13 hours in a day); and (2) they may not work more than 55 hours in a workweek unless they … Continue Reading
In the wake of an onslaught of employee complaints about social distancing in the workplace, the Oregon Occupational Health and Safety Administration (“OR-OSHA”) announced that it would begin workplace inspections in order to enforce the social distancing requirements imposed by Governor Brown’s March 23 Executive Order. Our blog post describing the Executive Order is here, … Continue Reading
*a prior version of this post indicated the House vote was still pending. The House passed this legislation on March 27, 2020. Like you, we are closely monitoring the rapid developments caused by the COVID-19 pandemic. The latest is Congress passing the Coronavirus Aid, Relief, and Economic Security Act (or “CARES” Act). We focus below … Continue Reading
At the direction of Governor Brad Little, the Director of the Idaho Department of Health and Welfare has issued an Order to Self-Isolate for the State of Idaho that became effective on March 25, 2020. The Order is intended to respond to the ongoing COVID-19 public health emergency by ensuring the maximum number of people … Continue Reading
The Families First Coronavirus Response Act (“FFCRA”) requires private companies with fewer than 500 employees, along with most public employers regardless of size, to post a notice summarizing the benefits available under the new law and directs the Department of Labor to prepare and publish a model notice. The Department issued its model notice yesterday. … Continue Reading
The U.S. Department of Labor (“DOL”) has updated its guidance on the Families First Coronavirus Relief Act (“FFCRA”), which was signed into law on March 18, 2020. (A summary of the law is here.) Regulations are coming in April. In the meantime, the DOL’s current resources available are: A tip sheet for employees A tip … Continue Reading
Oregon Governor Kate Brown issued Executive Order 20-12, “Stay Home, Save Lives” (the “Order”), on March 23, 2020 to respond to the ongoing COVID-19 public health emergency. The Order mandates closure, effective at 12:01 a.m. on March 24, 2020, of a list of businesses for which close personal contact is difficult or impossible to avoid, … Continue Reading
On March 19, 2020, California Governor Gavin Newsom issued an Executive Order ordering all California residents to stay at home due to the current public health crisis caused by COVID-19. This Order exempts from its scope employees working in the following federally identified critical infrastructure sectors: Communications Chemical Critical Manufacturing Commercial Facilities Dams Defense Industrial … Continue Reading
The National Labor Relations Board (“NLRB”) announced yesterday that all currently scheduled representation elections – including vote-by-mail elections—have been postponed until at least April 3, 2020 because of the ongoing COVID-19 crisis. Here is what the NLRB had to say: Due to the extraordinary circumstances related to the COVID-19 pandemic, the National Labor Relations Board … Continue Reading
On March 18, 2020, Oregon issued temporary rules to help employees impacted by COVID-19. The Oregon Employment Department issued temporary rules expanding the availability of unemployment insurance to those impacted by COVID-19, while the Oregon Bureau of Labor and Industries (“BOLI”) issued a temporary rule expanding the availability of the Oregon Family Leave Act (“OFLA”) … Continue Reading
On March 18, 2020, the Senate passed the Families First Coronavirus Response Act, (the “Act”), which was passed by the House last week. President Trump swiftly signed the legislation, which is effective in 15 days. All public employers and private employers with under 500 employees are covered by the Act, which provides for emergency paid … Continue Reading
As employers continue to react to and prepare for workplace challenges due to the impact of the COVID-19 outbreak around the country, the EEOC has updated some of its guidance on the Americans With Disabilities Act (“ADA”) and the Rehabilitation Act. The EEOC addresses situations such as whether employer can require that employees showing symptoms … Continue Reading
We are continuing to monitor developing issues facing employers due to the outbreak of COVID-19. The latest is from Congress. On March 13, the US House of Representatives passed the Families First Coronavirus Response Act, (the “Act”) to provide for emergency paid sick and family and medical leave for some employees around the country. Public … Continue Reading
We continue to stay up to speed on workplace-related legal issues as we all navigate this challenging time. Many of you attended the webinar we put on today, Taming the COVID-19 Chaos: What Employers Need to Know. The materials from that presentation are available here. Please join us for another webinar next Wednesday, March 18; … Continue Reading
