Labor & Employment

Video: NY Travel Advisory Changes, CA’s COVID-19 Exposure Notice, Executive Order Reversals – Employment Law This Week

As featured in #WorkforceWednesday: This episode looks at how workplace guidance is changing as COVID-19 surges and the executive orders most likely to be reversed by the new administration.

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Maryland Update: Governor Hogan Announces Additional COVID-19 Restrictions

Just one week after ordering new business restrictions to combat the recent surge of COVID-19, Governor Larry Hogan announced further mitigation measures in Maryland that will dial back business operations.

On November 17, 2020, Governor Hogan issued Executive Order 20-11-17-01, which amends and restates Executive Order 20-11-10-01 (which we previously summarized here).  The amended order goes into effect at 5:00 p.m. on Friday, November 20, 2020.

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Michigan COVID-19 Workplace Updates: Three Week “Pause” and Office-Based Enforcement

Michigan recently announced two COVID-19 developments that will impact employers and their workplaces.  Most recently, the Michigan Department of Health and Human Services (MDHHS) issued new restrictions for business operations in the state that are set to take effect on November 18 and last through December 8, 2020 (the “Three Week Pause Order”).  The Three Week Pause Order followed an announcement late last week by the Michigan Occupational Safety and Health Administration (MIOSHA) of a State Emphasis Program (SEP) focused on in-door activities and venues, including office settings.  The Three Week Pause Order and SEP announcements also include an important reminder to employers of the potential liabilities and penalties if they violate the State’s COVID-19 safety requirements.

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Furlough Extended: What are the rules?

As you may be aware, on Saturday 31st October 2020 the UK government announced that, in light of the new lockdown being introduced in England, the furlough scheme is being extended for a further month and will now end in December 2020. This means that the Job Support Scheme previously announced will be postponed and come into effect once the extended furlough ends.

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Video: Pandemic’s Impact on Women and Caregivers: A Wake-Up Call for Employers – Employment Law This Week

As featured in #WorkforceWednesdayEmployers fear that the COVID-19 pandemic could undo recent progress towards workforce equity, with women and caregivers leaving the workforce in droves. Flexible time off, remote work policies, and employee benefits, like on-site child care, are just a few options employers can deploy to retain female talent. Learn more about the legal issues.

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Evolving Considerations for Multinational Employers: COVID-19 Contact Tracing Applications

As the COVID-19 pandemic continues to affect workplaces throughout the world, employers are considering new ways to ensure a safe workplace when employees return to the office. Outside the US, employers must balance their duty of care to protect the health and safety of all their employees with safeguarding employees’ privacy and complying with data protection regulations. Many employers already have analyzed whether they may require or request employees to (i) submit to COVID-19 testing at the workplace, (ii) certify certain health information regarding exposure to COVID-19 and (iii) wear a face covering in the workplace. Another relatively recent development employers outside the US may wish to consider is whether they may require or request employees to download a COVID-19 contact tracing application to their smartphones to track employees’ movements and contacts to enable employers to alert employees if they have been exposed to a co-worker with COVID-19.

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Don’t Be Spooked: D.C. COVID-19 Leave Law Is in Effect and Will Be Enforced

As COVID-19 cases once again surge across the country, Washington, D.C. employers must remember to provide both paid and unpaid leave under the new District of Columbia Coronavirus Support Temporary Amendment Act of 2020 (D.C. Law 23-130) (the “Act”).  Although passed in July 2020, the Act formally became effective on October 9, 2020 and will remain in effect through the end of the declared COVID-19 public health emergency—currently December 31, 2021.  The law repeals the emergency laws that we previously blogged about, but carries over the additional obligations to provide employees with paid and unpaid leave for COVID-19-related reasons.  We have summarized both provisions below.

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JOB SUPPORT SCHEME IN DETAIL

The government recently announced a new Job Support Scheme to take effect on 1st November 2020. Originally announced at the end of September, it was extended to support businesses required to close and, as of last week, has been updated to reduce the costs to employers.

The new scheme will have two strands. The first is a general scheme, known as the Job Support Scheme Open (JSS Open) which will provide support to pay the wages of employees who are working reduced hours.

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Video: CDC Broadens “Close Contact” Guidance – Employment Law This Week

As featured in #WorkforceWednesday: The Centers for Disease Control and Prevention broadened its definition of “close contact.” Now, spending a total of 15 minutes within six feet of an infected individual over a 24-hour period counts as close contact. Previously, it was an exposure period of 15 consecutive minutes.  Attorney Denise Dadika explains what this change means for employers.

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Rule 9: Don’t Discriminate, Don’t Retaliate, and, If Plausible, Accommodate – Return to Work in the Time of COVID-19

Part 9 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19.

If the Rules of the Road: Return to Work in the Time of COVID-19 series has given you any takeaways, it should be that it pays to be prepared, to be safe, and to anticipate workplace issues before they arise. This means taking stock of what has happened in the past year and what challenges lie ahead. There is almost nothing the pandemic has not affected in our lives, or in business and the workplace and the challenges have been daunting. Challenges have included, coping with illness, the stressors of new work arraignments, the impact of physical distancing, adjusting to caregiving responsibilities at home, and simply grappling with the unknowns of the pandemic. In short, it’s been a challenging year. As we turn the corner into 2021, it’s apparent that employers will continue to need to manage their workforces with an understanding of the complexities that the pandemic has thrust upon employees’ lives. The following short statements serve as a quick reminder of what employers should and should not do when returning employees safely to the workplace. If the statements seem familiar (dare we say intuitive), it’s because they are. You have seen them before. These maxims apply with equal force to the workplace today as they did before the pandemic. With all the preoccupying challenges presented by the pandemic, however, we offer these important reminders.

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