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.
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:
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Oregon Governor Announces “Stay Home” Order
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…
California Governor Issues Statewide Lockdown
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
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NLRB Postpones All Representation Elections Until At Least April 3
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.
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Changes to Oregon Unemployment Insurance and Oregon Family Leave Act in Light of COVID-19
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”) to parents whose children are impacted by school or day-care closures.
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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.
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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…
House of Representatives Takes Steps to Provide Paid Leave to Employees Absent due to COVID-19; Senate Must Still Act
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
COVID-19 – Information Updates
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…