Tag Archives: employment law

Video: Cybersecurity and Other Considerations for Extended Remote Work Models – Employment Law This Week

As featured in #WorkforceWednesday: As the uncertainty with the COVID-19 pandemic continues, many employers are considering extended or permanent work-from-home (WFH) models. Attorneys Brian G. Cesaratto and Shawndra G. Jones share some tips for employers on cybersecurity and other issues to consider when implementing extended WFH models.

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Philadelphia Enacts Protections for COVID-19 Whistleblowers

Philadelphia is making sure employers err on the side of caution when it comes to COVID-19.  As of June 26, 2020, Philadelphia-based employees have additional protections from retaliation through the  unanimously passed the Essential Workers Protection Act (“EWPA” or “Act”), which prohibits retaliation against any employee who speaks out about, or refuses to work due to, the employer’s non-compliance with Pennsylvania and Philadelphia COVID-19 public health orders.  The EWPA applies to all Philadelphia employers, regardless of their size.

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Video: California Employer Playbook, Federal COVID-19 Updates, DOL’s FFCRA Rule Vacated in Part – Employment Law This Week

As featured in #WorkforceWednesday: California provides a detailed COVID-19 employer playbook, and a federal judge vacated parts of the Department of Labor’s Families First Coronavirus Response Act rule.

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Virginia’s Workplace Safety and Health Standards for COVID-19

On July 27, 2020, Virginia became the first state in the nation to implement workplace safety and health standards for COVID-19.  The Safety and Health Codes Board adopted § 16VAC25-220, an Emergency Temporary Standard for Infectious Disease Prevention: SARS-CoV-2 Virus That Causes COVID-19 (the “Temporary Standard”), which is designed to supplement and enhance existing Virginia Occupational Safety and Health (“VOSH”) laws, rules, and regulations that may apply to the prevention and control of COVID-19 in the workplace.  Virginia imposed these standards because the Occupational Safety and Health Administration (“OSHA”), the federal agency responsible for workplace safety, has thus far refused to make its own extensive recommendations mandatory.  Not surprisingly, the Virginia standards borrow heavily from existing OSHA guidance in most areas.

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Video: First Workplace Safety Mandates, COVID-19 Employee Training, Masks Required at Major Retailers – Employment Law This Week

Featured in #WorkforceWednesday: This week, Virginia became the first state to issue workplace safety standards, but with guidance still varying widely, many nationwide businesses have begun requiring masks.

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The U.S. Department of Labor Issues New Guidance on Leave and Wage & Hour Issues Confronting Employers as They Reopen for Business

On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published new guidance for businesses reopening amid the COVID-19 pandemic. The guidance is in the form of additions to the WHD’s existing Frequently Asked Questions (“FAQs” or “Guidance”) and addresses issues arising under two leave laws—the Family and Medical Leave Act (“FMLA”), and the Families First Coronavirus Response Act (“FFCRA”)—and wage and hour matters governed by the Fair Labor Standards Act (“FLSA”).

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U.S. Department of Labor Issues Opinion Letters on the Outside Sales, Administrative, and 7(i) Exemptions, as Well as the Status of Third-Party Payments as Wages

While the COVID-19 pandemic remains a challenge to employers nationwide, the U.S. Department of Labor’s Wage and Hour Division (“WHD”) continues to field non-COVID-related wage and hour questions.  On June 25, 2020, the WHD issued five new opinion letters addressing the outside sales, administrative, and retail or service establishment exemptions under the Fair Labor Standards Act (“FLSA”), as well as the relationship between third-party payments to workers and the FLSA’s minimum wage requirement.  Employers should take note of these useful explanations of key FLSA concepts.

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Seattle Mandates Temporary Premium Pay and Other Benefits for Certain Gig Economy Workers During Pandemic Continue Reading…

As we wrote about in more detail here, the ongoing coronavirus pandemic has brought increased attention to the legal and practical distinctions between employees (who are entitled to various compensation and employment benefits under the law) and independent contractors (who generally are not).  The pandemic has also prompted lawmakers at the federal, state, and local level to explore further legislation designed to provide independent contractors with greater protections under the law.

The Seattle City Council has now passed two ordinances—the “Gig Worker Premium Pay Ordinance” and the “Gig Worker Paid Sick and Safe Time Ordinance”—that will temporarily impose heightened requirements on transportation network and food delivery network companies.

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ILN Today Post

HR BRIEF: HOW WILL THE FURLOUGH SCHEME CHANGE FROM 1ST JULY 2020?

Further to the recently announced changes to the furlough scheme (see our blog on this), detailed guidance has now been published by the government. In this briefing, we look at some key questions relating to the changes.

WHICH EMPLOYEES ARE ELIGIBLE?

The general eligibility requirements as were already in place have not been changed. Read more…

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The Latest COVID-19 Reopening Guidance for Illinois and Chicago Employers

Last week, Illinois moved in to “Phase 4” of the state’s five-stage Restore Illinois Plan (the “Plan”). As part of this transition, the Illinois Department of Commerce and Economic Opportunity issued updated, industry-specific Phase 4 Guidelines (the “Guidelines”).

From an employer compliance standpoint, the transition from Phase 3 to 4 is not a radical change. Rather, the transition primarily involves loosened restrictions for already open businesses, and the reopening of additional industries (such as indoor recreation facilities like bowling alleys and skating rinks). Social distancing and other guidelines introduced in Phase 3 remain in effect. For an in-depth review of these guidelines, please see our advisory on Illinois and Chicago’s Phase 3 Reopening Guidance.

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