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On August 3, 2020, a federal judge in the Southern District of New York held that four provisions of the U.S. Department of Labor’s (DOL) Final Rule (the Final Rule) implementing the Families First Coronavirus Response Act (FFCRA) are invalid.  This ruling is limited for now, as the court did not issue a nation-wide injunction, but its reasoning could be applied in other jurisdictions around the country.  For that reason, employers should be aware that changes to FFCRA obligations may be forthcoming.

As we discussed in a previous post, the FFCRA obligates employers to offer sick leave and expanded family leave to employees who cannot work because of certain reasons related to the pandemic.  At issue here are two major provisions of the FFCRA: Emergency Family and Medical Leave Expansion Act (EFMLEA), which entitles employees to partially paid leave to care for a dependent child due to COVID-19 school or daycare closures, and the Emergency Paid Sick Leave Act (EPSLA), which requires employers to provide paid sick leave to employees who are experiencing one of six qualifying COVID-19-related circumstances.  (See here for additional information.)

After concluding that New York had standing to challenge DOL’s Final Rule, the court considered the validity of four provisions: the work-availability requirement, the definition of health care provider, the prohibition on intermittent leave, and the documentation requirements.
Continue Reading New York Federal District Court Rules Four Provisions of COVID-19 Paid Leave Rule Invalid

The legal landscape continues to shift rapidly during the COVID-19 pandemic.  As we reported here and here, Equal Employment Opportunity Commission (“EEOC”) guidance allows employers to require employee temperature checks, as well as worker testing aimed at detecting COVID-19, even though such testing by an employer would ordinarily raise issues under the Americans with…

Effective January 1, 2020, Oregon law requires employers with six or more employees to make reasonable accommodations for known limitations related to pregnancy, childbirth, or a related medical condition, such as lactation, unless the accommodation would cause an undue hardship. An employer’s accommodation obligations extend beyond those already required by the federal Americans with Disabilities …

The October 1, 2020 deadline for Oregon employers to update their non-discrimination policies is approaching.  In 2019, the Oregon Legislature passed the Workplace Fairness Act (the “Act”), which made significant changes to state law governing discrimination and harassment claims (quick recap here).  Among other provisions, the Act requires employers to adopt a written anti-discrimination…

Employers facing changes in their business or broader economic downturns must find ways to respond and weather the storm.  Typically, this means cutting expenses, while maintaining their ability to operate.  For many (if not most) businesses, payroll is the single largest expense item.  And when business slows, employees are left with excess capacity and are…

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 provide their written consent to work up to a maximum of 60 hours.  In response to the COVID-19 pandemic, the Oregon Bureau of Labor and Industries (“BOLI”) has adopted a new emergency rule that allows manufacturing employers to seek a partial exemption from these requirements as described below.

Under BOLI’s new rule, employers engaged in manufacturing products that “reasonably result in the preservation of life and property” during the coronavirus pandemic may seek the exemption.  (BOLI has also issued a FAQ to help employers determine whether they are making such products, among other guidance.)

Here is what BOLI had to say about what kinds of manufactured product will support the exemption:

“Manufacturers that are part of the supply chain for food or medical equipment and have seen increased demand during the pandemic are great examples. For example, garment factories producing medical personal protective equipment (PPE), scrubs, or gowns may be included, whereas a regular clothing manufacturer may not.”
Continue Reading UPDATED: BOLI Issues New Rule Providing for Emergency Exemption from Manufacturing Hours Limits

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.…

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:

  1. A tip sheet for employees
  2. A

…

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 today approved the suspension of all representation elections, including mail ballot elections, for the next two weeks effective immediately, through and including April 3, 2020. 
Continue Reading NLRB Postpones All Representation Elections Until At Least April 3

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 agencies and employers with fewer than 500 employees are covered by the Act, and can apply for tax credits each quarter to recoup payments made under the Act.

Please note that the Act has not gone into effect yet and is not final.  The Senate must also pass the Act before it becomes effective, and the Senate is likely to make changes.  Subject to those changes, below is a summary of the important items for employers to know about the Act in its current state.

Emergency Family and Medical Leave

Employees are eligible for up to 12 weeks of paid family and medical leave under the Act if they have worked for an employer for at least 30 days, and are absent from work for one of the following reasons:
Continue Reading House of Representatives Takes Steps to Provide Paid Leave to Employees Absent due to COVID-19; Senate Must Still Act