Tag Archives: employment law

ILN Today Post

Supreme Court Rules that Federal Law Protects Gay and Transgender/Transitioning Employees from Workplace Discrimination

On June 15, 2020, the Supreme Court issued a landmark decision in a L.G.B.T. civil rights case that is important for employers to note, as it is likely to apply broadly to gender-based policies in the workplace.

In one of the three cases decided by the Supreme Court, it ruled in favor of Aimee Stephens, an employee who claimed that her former employer, R.G. & G.R. Harris Funeral Homes, Inc. (the Funeral Home), had fired her in violation of Title VII of the Civil Rights Act of 1964 (Title VII) when the Funeral Home prohibited her from representing herself, and dressing, as a woman while at work, as she transitioned from male to female. Read more…

Read full article

Video: How Mobile Technology Can Help Employers in a Post-COVID-19 Workplace –Employment Law This Week

As featured in #WorkforceWednesday: Mobile technologies, including contact tracing and screening apps, will help safely bring employees back to work. However, there are a range of employment law and privacy concerns to consider before implementing these technologies. Attorneys Adam S. Forman and Karen Mandelbaum tell us more. You can also read more in a recent Law360 article.

Read full article
ILN Today Post

OSHA Guidance Requires Certain Employers to Record “Work-Related” COVID-19 Cases

The Occupational Safety and Health Administration (OSHA) recently issued new guidance on employers’ obligation to document COVID-19 cases in the workplace for OSHA recordkeeping purposes. Specifically, employers who are required to keep OSHA 300 logs are now required to record cases of COVID-19 (which OSHA considers a respiratory illness) on such logs if the employer determines that the employee’s COVID-19 illness is work-related.

The new guidance went into effect on May 26, 2020 and is an abrupt departure from OSHA’s previous guidance. Read more…

Read full article

COVID-19 Short-Time Working in Luxembourg

Along with many European countries, the COVID-19 pandemic has affected employers and employees in Luxembourg.  On March 17, 2020, the Government of Luxembourg issued a State of Emergency until June 25, 2020 and implemented several measures and guidance to prevent the spread of COVID-19.  Luxembourg’s population of approximately 625,000, reportedly has 4,040 confirmed cases of COVID-19, 110 COVID-19 fatalities and 3,901 individuals who have recovered from the coronavirus.

Similar to other European jurisdictions, Luxembourg provides employers and employees with “short-time” working opportunities in various circumstances, including due to cyclical economic problems, structural economic problems, in the event of force majeure and due to economic dependence.

Read full article

Moscow city Duma proposed to legalise remote work in the Labour Code of the Russian Federation

Deputies of the Moscow city Duma introduced a bill1 suggesting adding provisions for remote work to the Labour Code. The ground for making such amendments are the difficulties in formalising transfer of employees to remote work which the employers faced during the pandemic.

As indicated in the explanatory memorandum to the bill, “at present, a significant part of citizens, due to the current epidemiological situation, temporarily or partially (according to a special schedule) carries out their work in remote form, that is, outside the main stationary workplace”. Indeed, non-working days declared in Russia were only nominative non-working: the majority of employees proceeded to work from home. It was a kind of challenge for many employers, since the existing legislation does not provide for the possibility of remote, rather than distant work (for differences see here).

Read full article

Are COVID-19 Temperature Screenings Compensable Time for Non-Exempt Employees?

As states across the country start to reopen their economies after COVID-19 shutdowns, many businesses are likewise preparing to have employees return to work.

However, before reopening, businesses will need to comply with numerous state and local protocols designed to ensure the health and safety of employees and consumers, including social distancing, maximum occupancy and one-way flow.

Even if not required, many employers are instituting employee temperature checks upon arrival at the workplace. While the U.S. Equal Employment Opportunity Commission recently endorsed the use of temperature checks during the pandemic, such screenings could potentially run afoul of the Fair Labor Standards Act and state wage and hour laws if employers do not pay their workers for the time they spend submitting to temperature screening, particularly where there is potentially substantial waiting time in doing so.

Read full article
ILN Today Post

IRS Provides Cafeteria Plans with Flexibility Due To COVID-19

Employers are rightfully concerned that many of their employees are dealing with a host of serious financial issues caused by COVID-19. Employers have been further frustrated that Internal Revenue Service (IRS) rules have prevented them from relieving their employees’ stress by allowing them to change their employee benefit elections in middle of the year. New IRS rules now allow employers to do just that in a number of ways.  Read more…

Read full article

No Quarter for PPP Lenders

Much ink has been spilled in recent weeks about how some recipients of Paycheck Protection Program (“PPP”) relief obtained their loans through mistakes or false pretenses. Now banks are coming under fire for their lending practices in connection with this hastily prepared and implemented program, which left them grappling with how to properly issue loans in the face of procedural and substantive gaps in the law. Many lenders tried to fill these gaps by supplementing the PPP application to address practical concerns not covered in the law. Two recent cases, however, demonstrate that banks may face legal exposure for supplementing the applicant eligibility requirements published by the Small Business Association (“SBA”). Prudent lenders would do well to consider with counsel the best ways to avoid becoming entangled in such matters.

Read full article
ILN Today Post

Paycheck Protection Program Flexibility Act passes Senate

On June 3, 2020, the Senate approved the Paycheck Protection Flexibility Act of 2020 (H.R. 7010), legislation the House passed on May 28 that makes significant changes to the Paycheck Protection Program (PPP). The Paycheck Protection Flexibility Act is  designed to make it easier for borrowers to obtain PPP loan forgiveness and intended to relax requirements and increase access for small businesses seeking emergency funding under the PPP. Click here for an overview of the most significant changes.

Read full article

More Flexibility Added to the Paycheck Protection Program

On Friday, June 5, 2020, President Trump signed into law the Paycheck Protection Program Flexibility Act of 2020 (the “Act”), which relaxes various rules under the Coronavirus Aid, Relief, and Economic Security Act’s (the “CARES Act”) $670 billion Paycheck Protection Program (the “PPP” or “Program”) managed by the U.S. Small Business Administration (“SBA”). The PPP provides forgivable loans to small businesses to keep their workers on the payroll during the COVID-19 pandemic.

Read full article