The U.S. Department of Labor (“DOL”) published a final rule addressing independent contractor status under the Fair Labor Standards Act (“FLSA”). Independent contractor status is a critical question under the FLSA because eligible employees are entitled to the law’s protections (for example, minimum wage and overtime for non-exempt employees) but independent contractors are not. Incorrectly
Supreme Court Rules That Title VII Protects LGBT Employees
Today the United States Supreme Court answered the question of whether Title VII, the federal law that prohibits workplace discrimination “on the basis of sex,” protects LGBT employees with a resounding “Yes.” In a 6-3 decision, the Court held that: “The answer is clear. An employer who fires an individual for being homosexual or transgender
Reopening Oregon: Governor Brown Releases Details and Guidance for Businesses
On Thursday, May 7, 2020 – six weeks after Oregon Governor Brown announced a statewide “Stay Home” order – Governor Brown released details for Reopening Oregon over the coming weeks and months. The Governor’s plan follows federal guidance and permits certain businesses to reopen in phases after specific public health prerequisites are met.
In the first phase of the plan, counties that satisfy those prerequisites may permit certain business activities starting on May 15. Phase 1 activities include sit-down dining at restaurants and bars and personal care services. Each phase is required to last at least 21 days to ensure that each health benchmark is met before further loosening restrictions in the next phase.
In her announcement, the Governor also issued guidance for various sectors of the state – the public, employers, outdoor recreation, restaurants & bars, retail stores, and personal services providers. The state’s guidance for employers is summarized below; we provided more detail for many of these concepts in our own Ten Things to Consider in Getting Back to Work.
General Considerations
- Know the signs of COVID-19 illness and have a plan for what to do if an employee develops symptoms at the workplace.
- Follow state and federal guidelines to protect employee health and safety.
- Promote social distancing at work.
- Understand your obligations under state and federal leave laws.
Continue Reading Reopening Oregon: Governor Brown Releases Details and Guidance for Businesses
Ten Things to Consider In Getting Back to Work
As restrictions are easing, employers are planning for and starting to bring people back to work. In these extraordinary times, everyone recognizes that things will not be business as usual. Here is our “Top 10” checklist of things to consider as we move toward the “new normal.”
- Reluctant Returners. Many employees are eager to return
Oregon’s Plan for Reopening
Oregon Governor Kate Brown announced this week that Oregon is developing a multifaceted, step-by-step plan for reopening businesses and relaxing its “stay at home” measures. In accordance with federal guidance, Oregon’s plan has three phases, with gating criteria and core preparedness requirements that must be met before moving to the next phase. Between each phase,
Senate Authorizes Additional Relief for Small Businesses Under the Paycheck Protection Program
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,
UPDATE: Congress Passes Coronavirus Aid, Relief, and Economic Security Act
*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 on the employment-related provisions of the Act, but encourage you to continue checking our COVID-19 Resource Hub for additional updates on other aspects of the Act.
Direct Payments to Individuals
Under the Act, direct payments of $1,200 will be made to single individuals who earn $75,000 or less in adjusted gross income, and $2,400 to married couples who earn $150,000 or less in adjusted gross income, according to their 2018 tax returns or 2019 tax return if already filed. There will be an additional $500 payment per child. These payments scale down as income increases, phasing out entirely for individuals earning $99,000 and joint filers without children earning $198,000.
Increased Unemployment Benefits
The Act also provides assistance to states to administer and expand unemployment benefits.
Continue Reading UPDATE: Congress Passes Coronavirus Aid, Relief, and Economic Security Act
U.S. Department of Labor Updates Guidance on Families First Coronavirus Relief Act
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:
Congress Passes Legislation to Provide Paid Leave to Employees During COVID-19 Emergency
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 family and medical leave as well as emergency paid sick leave, among other provisions including changes to unemployment insurance and food and nutrition benefits.
Much of the final Act tracks the bill originally enacted in the House (discussed here), but there are some significant changes. Below we summarize the key important provisions of the Act as passed by Congress that relate to paid leave.
Continue Reading Congress Passes Legislation to Provide Paid Leave to Employees During COVID-19 Emergency
EEOC Updates Guidance on ADA and the Rehabilitation Act In Light of COVID-19
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