Law and the Workplace

Category Archives: Coronavirus

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[Podcast]: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave Law

In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements. Listen to the podcast.  … Continue Reading

DCFMLA COVID-19 Leave Extended through October 9, 2020

Quick Hit:  The temporary expansion of the DC Family and Medical Leave Act to provide D.C. employees up to 16 weeks of unpaid, job-protected “COVID-19 leave” has been extended through October 9, 2020.   The D.C. Office of Human Rights has published an updated notice reflecting the extended effective date, which employers “must post and maintain… … Continue Reading

DOL Updates FFCRA Regulations in Light of Recent SDNY Decision

On September 11, 2020 the U.S. Department of Labor (“DOL”) issued revised Families First Coronavirus Response Act (“FFCRA”) regulations in response to a federal court decision striking down certain portions of its previous regulations. The FFCRA is a federal law that requires certain employers to provide: (1) two weeks of paid sick leave to employees … Continue Reading

EEOC Updates Its COVID-19 Guidance (Again)

EEOC sealOn September 8, 2020, the EEOC released an updated technical assistance document addressing COVID-19 and the federal anti-discrimination laws enforced by the agency, including the Americans with Disabilities Act (“ADA”). Our previous posts about the EEOC’s prior COVID-19 guidance are available here and here. The updated guidance includes 18 new questions and answers, most of … Continue Reading

Intersection Between Return-to-School and FFCRA

As we have previously reported, the Families First Coronavirus Response Act (FFCRA), which remains in effect through December 31, 2020, provides, among other things, that eligible employees can take up to 12 weeks of FMLA leave if the employee is unable to work (or telework) due to a need for leave to care for their … Continue Reading

CDC Updates Guidance on Travel During the COVID-19 Pandemic

CDC LogoOn August 21, 2020, the Centers for Disease Control and Prevention (“CDC”) updated its guidance on Travel during the COVID-19 Pandemic. Previously, the guidance recommended that travelers self-quarantine for 14 days after: (1) all international travel, and (2) domestic travel to areas with a high concentration of COVID-19 cases. The guidance now recommends that travelers … Continue Reading

Department of Labor Releases Guidance on Lost Wages Assistance Program

On August 8, 2020, the President issued an executive memoranda establishing the Lost Wages Assistance (“LWA”) program, a new unemployment benefit intended to replace the recently-expired $600 per week Federal Pandemic Unemployment Compensation (“FPUC”) payment. As a refresher, the CARES Act created three unemployment benefits programs: (1) Pandemic Unemployment Assistance (“PUA”), providing benefits for those … Continue Reading

SDNY Decision Strikes Down Portions of DOL’s FFCRA Regulations

On August 3, Judge Paul Oetken of the Southern District of New York issued a decision invalidating various portions of the Department of Labor’s rules implementing the federal Families First Coronavirus Response Act (FFCRA). The FFCRA is the federal law that provides emergency relief and support to employees who need to take leave from work … Continue Reading

D.C. Requires Employers To Provide Paid and Unpaid COVID-19 Leave

Quick Hit:  Employees in the District of Columbia are currently eligible for paid and unpaid COVID-19 related leave under measures that temporarily expand the D.C. Family and Medical Leave Act (“DCFMLA”) and D.C. Accrued Sick and Safe Leave Act (“ASSLA”). Key Takeaway:  D.C. employers now must navigate an additional set of paid and unpaid leave … Continue Reading

Virginia COVID-19 Workplace Safety Rules Now In Effect

Quick Hit As we previously reported, Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020.  The final text has now been released and the new rules, which apply to most private employers, went into … Continue Reading

DOL Releases Additional COVID-19 Guidance Related to FFCRA, FMLA and FLSA

As we have previously reported, the United States Department of Labor (DOL) continues to update its COVID-19 guidance. Most recently, on July 20, 2020, the DOL issued additional Q and A guidance related to COVID-19 and the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Families First Coronavirus Response … Continue Reading

OSHA Issues Second Set of Coronavirus-Related Citations

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has now issued its second set of coronavirus-related citations, this time against an Ohio health-care company.  OSHA inspected three of the company’s nursing facilities from April to June after the company reported the coronavirus-related hospitalization of seven employees.  On July 21, 2020, OSHA announced … Continue Reading

Colorado Governor Signs Paid Sick Leave Act into Law

Colorado State SealAmid the COVID-19 pandemic, Colorado Governor Jared Polis signed the Healthy Families and Workplaces Act (“the Act”) into law. Beginning next year (or later for small employers), the Act will require employers in Colorado to provide employees with up to six paid sick days a year – and more if there is a public health … Continue Reading

Virginia Becomes First State to Adopt Mandatory COVID-19 Workplace Safety Requirements

Quick Hit Virginia became the first state to issue mandatory COVID-19 workplace safety rules when the Virginia Safety and Health Codes Board (“VSHCB”) approved an emergency temporary standard on July 15, 2020 by a 9-2 vote.  The final text has not yet been published but the mandatory requirements are expected to include obligations surrounding flexible … Continue Reading

OSHA Releases Additional FAQs Regarding Returning to the Workplace: What Employers Need to Know

The Occupational Safety and Health Administration (OSHA) published additional frequently asked questions regarding returning to the workplace during the COVID-19 pandemic on Thursday. We reported on OSHA’s earlier posted FAQs here. Though the FAQs do not impose any new legal requirements, employers should be aware of OSHA’s recommendations as workplaces around the country continue to … Continue Reading

OSHA Releases Guidance on Reopening Workplaces

On June 18, OSHA issued non-binding guidance to help employers safely reopen non-essential businesses and facilitate their employees’ return to work during the COVID-19 pandemic. The guidance focuses on employers implementing strategies for five main aspects of the workplace: basic hygiene, social distancing, identification and isolation of sick employees, workplace controls and flexibilities, and employee … Continue Reading

Department of Labor Issues Bulletin on FFCRA Leave in Light of Summer Camp and Program Closures

On June 26, 2020, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) issued Field Assistance Bulletin (“FAB”) No. 2020-4, providing guidance on when an employee may take leave pursuant to the Families First Coronavirus Response Act (“FFCRA”) to care for their child whose summer camp, summer enrichment program, or other summer program is … Continue Reading

DC’s Paid Family Leave Benefits Available July 1, 2020: What Employers Need to Know

On July 1, 2020, employees in DC will be able to begin taking Paid Family Leave (“PFL”) pursuant to the DC Paid Family Leave Act (the “Act”).  Here’s a quick primer on what employers need to know ahead of the program’s launch. Eligible Leave Employees who spend more than 50% of their work time in … Continue Reading

EEOC and OSHA Issue New COVID-19 Guidance

As the nation continues to move toward reopening, the EEOC and the Occupational Safety and Health Administration (“OSHA”) issued additional guidance for employers to consider as they plan employees’ return to the workplace. These updates supplement earlier guidance issued by both agencies, which we discuss in our previous posts. EEOC Guidance On June 11, 2020, … Continue Reading

Top Three Takeaways from OSHA Chief’s Testimony Regarding OSHA Enforcement During the COVID-19 Pandemic

OSHA logoAmid growing criticism of the agency’s response to the COVID-19 pandemic, OSHA’s Principal Deputy Assistant Secretary, Loren E. Sweatt (“Sweatt”), testified before the House Education and Labor Committee’s Workforce Protections Subcommittee last Wednesday during which she defended the agency’s actions to protect worker safety during the pandemic. Below, we discuss the top three takeaways from … Continue Reading

UPDATE: Chicago City Council Introduces COVID-19 Anti-Retaliation Ordinance, Reflecting Growing Trend

The proposed Chicago COVID-19 Anti-Retaliation Ordinance (the “Ordinance”) that was the subject of our post on April 27, 2020, has now become law. The Ordinance prohibits Chicago employers from retaliating against employees for obeying a public health order requiring an employee to remain at home as a consequence of COVID-19.  This reflects a growing trend among … Continue Reading

CDC Issues Guidance Warning Against Use of Antibody Testing in Making Decisions Regarding Returning Employees to the Workplace

CDC LogoThe CDC has issued interim guidance on antibody testing for the SARS-CoV-2 coronavirus that causes COVID-19. While the guidance is primarily directed at clinical and public health entities, it does contain some information relevant to employers, educational institutions, and other entities who may be considering whether and to what extent such antibody testing may play … Continue Reading

Illinois May Soon Require “Essential Employers” to Provide PPE for Workers

The Illinois House of Representatives recently introduced House Bill 5769, which would create the Illinois Personal Protective Equipment Responsibility Act (the “Act”).  The Act would require “essential employers” to provide personal protective equipment (“PPE”) to both employees and independent contractors.  The Act defines an “essential employer” as an employer engaged in an “essential business” as … Continue Reading

OSHA Updates Guidance Regarding COVID-19 Recordkeeping Requirements

OSHA logoOn May 19, 2020, the Department of Labor’s Occupational Safety and Health Administration (“OSHA”) issued a memorandum updating previous guidance regarding employers’ obligation to record cases of COVID-19 in the workplace. On May 26, 2020, the previous guidance will be rescinded and OSHA’s updated guidance will go into effect, the key provisions of which are … Continue Reading
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