Labor & Employment

FAQ: US DOL Releases Regulations Clarifying Employer FFCRA Obligations

The Department of Labor (DOL) has issued revised rules (the Revised Rules) clarifying its prior rules on the Families First Coronavirus Response Act (FFCRA). The FFCRA provides eligible employees with up to 2 weeks of emergency paid sick leave (EPSL) and up to 12 weeks of paid public health emergency leave (EFMLA Leave) for certain covered reasons. The Revised Rules, which took effect on September 16, 2020, were promulgated in response to a Southern District of New York (SDNY) court decision that struck down various aspects of the DOL’s original FFCRA rules. Read more…

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Connecticut Extends Existing COVID-Related Executive Orders and Issues Additional Orders Affecting Employers

At the onset of the COVID-19 pandemic, Governor Ned Lamont declared a public health and civil preparedness emergency in Connecticut.  In connection with this declaration, Governor Lamont has issued numerous Executive Orders throughout the pandemic.  The Executive Orders were set to expire on September 9, 2020, if they were not terminated earlier.

On September 1, 2020, Governor Lamont extended the existing public health and civil preparedness emergency until February 9, 2021. In addition, on September 8, 2020, Governor Lamont issued Executive Order 9A, which reissues and extends all prior Executive Orders to November 9, 2020.  As a result, the Sector Rules, which set forth the rules for workplaces as they reopen in Connecticut, will remain in effect until at least November 9, 2020, and we expect they will be extended further.

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Rule 8: Don’t Waste the Crisis – Return to Work in the Time of COVID-19

Part 8 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19.

If there has been one, singular guiding principle or mantra – that has sustained us, challenged us, and in some cases, inspired us over these last few months, this is it. “Don’t Waste the Crisis.” It is also the mantra that will propel us forward.

Flashback to the eve of Governor Cuomo’s Executive Order in March, shutting down New York State and New York City as the nation and the world watched. In the countdown leading up to its effective date, there was a palpable feeling of existential unrest – that life as we knew it was about to change and the duration of the change was unknown, but the nature and impact of the change felt heavy already.

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OSHA Updates Its COVID-19 Reporting Requirements for All Employers

The U.S. Department of Labor’s Occupational Safety and Health Administration (“OSHA”) recently updated its COVID-19 Frequently Asked Questions (“FAQ”) regarding employers’ reporting obligations during the COVID-19 pandemic.

As previously reported, effective as of May 26, 2020, OSHA has declared COVID-19 a recordable illness for all employers.  Thus, employers are responsible for recording workplace cases of COVID-19 on a OSHA 300 Log if the case:  (1) is confirmed COVID-19, as defined by Centers for Disease Control and Prevention (“CDC”); (2) is work-related, defined as “resulting from events or exposures occurring in the work environment;” and (3) involves one or more of the general recording criteria, which include death, days away from work, medical treatment beyond first aid, or loss of consciousness.  Moreover, employers must report to OSHA any work-related fatalities or hospitalizations due to COVID-19.

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In response to the recent surge of COVID-19 cases, the Ontario government has decided to implement an additional public health measure to help the fight against COVID-19. As of September 26, 2020, all employers, regardless of the sector they belong to, are now required to pre-screen their workers and any essentials visitors prior to their entry into the workplace. “Workers” include students, contractors or volunteers that conduct business or related activities where applicable and appropriate. “Essential visitors” include individuals providing a service in the establishment who are not employees or patrons o f the establishment (e.g., delivery, maintenance, contract workers).

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Notice to Employers: Economic Recovery Benefits and New Protection for Employees in the Event of Absence Related to COVID-19

By Eliab Taïrou, from our Labour and Employment Law Group

October 2, 2020 — On October 1, 2020, An Act relating to certain measures in response to COVID-19 (Bill C-4 — formerly C-2) was passed by the House of Commons of Canada and now awaits Senate support and Royal Assent before coming into force.

This legislation comes following the expiry of the Canada Emergency Response Benefit (CERB) program and includes three financial support measures to assist workers as part of the country’s economic recovery:

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ILN Releases Paper on Paid Leave in North America

Are employees entitled to paid leave due to COVID-19? See what our lawyers in North America had to say. Read more…

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Rule 7: Be Prepared to Improvise – Return to Work in the Time of COVID-19

Part 7 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19.

What can jazz teach us about COVID-19? What lessons can we learn from the great masters like Miles Davis, John Coltrane, and Duke Ellington at this very moment?

As it turns out—a lot.

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ILN Releases Paper on Paid Leave in Central and South America

Are employees entitled to paid leave due to Covid-19? See what our lawyers in Central and South America have to say. Read more…

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International Challenges to Dismissing Employees During the COVID-19 Pandemic

Outside of the United States, terminating employees can be difficult even in “normal” times.  The concept of “at-will” employment is uniquely American, and generally, employers in non-US jurisdictions only may terminate employment for “cause” or for other statutorily permitted reasons.  Moreover, terminated employees in many countries are entitled to statutory notice, severance and other benefits, which is far more the exception than the rule for US employees.

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