October 14, 2020
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.
ILN Today Post
October 7, 2020
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).
October 2, 2020
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:
October 1, 2020
On September 22, 2020, the U.S. Department of Labor (“DOL”) released its highly anticipated proposed rule for distinguishing independent contractors from employees under the Fair Labor Standards Act (“FLSA”).
When evaluating independent contractor status under the FLSA, courts have traditionally applied what is known as the “economic realities” test. The test varies slightly from circuit to circuit, and, perhaps, court to court, but courts generally consider the following factors on a non-exclusive basis: (i) the degree of control that the putative employer exercises over the workers; (ii) the workers’ opportunity for profit or loss, and their investment in the business; (iii) the degree of skill and independent initiative needed to perform the work; (iv) the permanence or duration of the working relationship; and (v) the extent to which the work is an integral part of the putative employer’s business. No single factor is dispositive, and the determination turns on a holistic assessment of the totality of the circumstances (i.e., the economic reality of the worker’s relationship to the putative employer).
ILN Today Post
September 30, 2020
Are employees entitled to paid leave due to COVID-19? See what our lawyers in North America had to say. Read more…
September 22, 2020
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.
ILN Today Post
September 21, 2020
The following paper aims to succinctly address the question “Are employees entitled to paid leave due to Covid-19?” in the EMEA region. Read more…
September 17, 2020
Part 6 of a series featuring our video Rules of the Road: Return to Work in the Time of COVID-19.
Simple in theory. Challenging in practice.
While we all intuitively know that we should stay home when we are feeling unwell, a fall 2019 survey suggests just the opposite—that approximately 90% of workers generally “push through” and come to work anyway. The reality is that employees come to work when they are sick for a myriad of reasons: to stay atop long to-do lists, meet production goals, because they think the business would crumble without them, or that somehow taking a sick day and staying home might be a sign of weakness. Given the current environment, there is also the very real financial reality and concern of missing a day’s worth of pay, particularly for those in economically vulnerable positions.
September 11, 2020
On September 8, 2020, the Equal Employment Opportunity Commission (“EEOC”) released updates to its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws Technical Assistance Questions and Answers (“FAQs”), addressing questions largely focused on return-to-work questions and concerns such as permissible and impermissible inquiries, reasonable accommodation and confidentiality of employee health information.
September 10, 2020
In this installment of Epstein Becker Green’s “Class Action Avoidance” webinar series, attorney Paul DeCamp discusses wage and hour issues that could arise from transitioning out of the work-from-home reality so many businesses have faced and into the return-to-work phase.
Employers across the country should focus on creating a safe working environment. Certain states and localities have required that employers bringing employees back to the workspace provide or pay for any mandatory personal protective equipment (PPE), including thermometers, gloves, and masks. Additionally, employers should be aware of the time employees take for self-screening and employer-provided screening, such as temperature checks, questionnaires, and handwashing upon arrival.