In yet another effort to adapt California law to the current pandemic, on May 6, 2020 California Governor Newsom signed Executive Order N-62-20 (the “Order”). As it pertains to workers’ compensation benefits, the Order provides that any COVID-19 related illness of an employee shall be presumed to arise out of and in the course of
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
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COVID-19 Litigation: The Next Wave
Just when you thought it was safe to go back in the water (or stop sheltering in place anyway), a wave of COVID-19-related employment lawsuits are being filed across the country. At our last count, nearly 50 labor and employment-specific cases have been filed. The first in Oregon was filed earlier this month by a former assisted living facility employee who seeks $950,000 in damages for alleged whistleblower and sick leave retaliation. Although the types of claims being brought by employees are typical—wage/hour, whistleblower, contract, wrongful termination, protected leave and discrimination claims, WARN Act violations—employers now face a perfect storm: defending real-time decisions made to keep their businesses afloat against the backdrop of a global pandemic that has completely disrupted business operations. (And as we all know, “You can’t just call time out and stroll on into the beach if you don’t like the way things are going.”)
As we have mentioned during several COVID-19-related client briefings, courts will now have to wade into murky waters and provide clarity on how newly enacted or amended local, state and federal leave laws such as the Family First Coronavirus Response Act (“FFCRA”) operate, especially where statutory and regulatory guidance has not always been clear. Courts will also need to provide direction on how well-settled legal schemes, such as disability and contract law, apply in the face of a pandemic.
Of particular concern for employers right now are trends in wage and hour class actions suits, which can pose significant risk of crippling wage penalties and plaintiffs’ attorney fees, as well as leave discrimination and whistleblower retaliation claims. These kinds of claims could draw sympathy from jurors and sink a business. Here are a few of examples of employment cases recently filed across the country, and trust us, “You’re gonna need a bigger boat.”
Continue Reading COVID-19 Litigation: The Next Wave
Staying Connected with Your Employees: Temporary Hours Reduction or Work Share Program?
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…
FFCRA Leave for Childcare Closures May Extend Beyond the End of the School Year
Thank you to everyone who attended our webinar on Taming the COVID-19 Chaos, Part 6—Bringing Employees Back to Work. If you missed it, be on the lookout for details on future webinars to help employers navigate these challenging times.
We received some questions about whether employees can continue to use FFCRA leave after the end…
Idaho Governor Announces Guidelines Permitting a Phased Re-opening of Idaho’s Economy
On April 23, 2020, Idaho’s Governor Little adopted “Guidelines” that constitute a “data-driven approach to opening up Idaho’s economy.” The proposed approach is intended to reduce the risk of COVID-19 to the State’s most vulnerable population and preserve capacity in the healthcare system, while opening up businesses safely. The Governor’s action readily acknowledges that employee…
Utah Releases Plan to Reopen Its Economy
Like many states, Utah has begun considering how and when it can return its economy back to more normal activity. On April 17, 2020, Governor Gary Herbert issued his Utah Leads Together Plan, version 2.0 (“Plan 2.0”). This plan was partly in response to legislation passed in a special session of the Utah State Legislature,…
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,…
Governor Dunleavy Issues Phase 1 of the Reopen Alaska Responsibly Plan
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…
Governor Inslee Speaks on Strategy for Reopening Washington
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…