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INSIGHTS

“Shelter in Place” Orders from 7 Bay Area Counties: What Does this Mean for Employers?

by Alka Ramchandani-Raj

Mar 18, 2020

In an effort to prevent the spread of COVID-19, seven Bay Area counties—Alameda, Contra Costa, Marin, San Francisco, San Mateo, Santa Clara, and Santa Cruz—issued “shelter in place” orders effective March 17 at 12:01 a.m. through April 7 at 11:59 a.m. Undoubtedly,...

Congress Makes Significant Changes to Proposed FMLA and Sick Leave Requirements in COVID-19 Bill

by Jim Paretti, Michael Lotito & Sebastian Chilco

Mar 17, 2020

On March 16, 2020, the U.S. House of Representatives unveiled legislation revisiting the sweeping COVID-19 response bill it passed only days earlier. While ostensibly styled as “corrections” to the prior legislation, this new bill dramatically changes a number of...

House Passes COVID-19 Legislation to Provide Paid Leave to Employees During Outbreak

by Jeff Nowak

Mar 16, 2020

In the wee hours of the morning yesterday, the U.S. House of Representatives passed legislation designed to give American workers a safety net in response to the spread of the coronavirus (COVID-19) across the United States. Labeled the Families First Coronavirus...

6th Circuit gives employers relief on the evidence employees must present to prove off-the-clock work

by Jon Hyman

Mar 13, 2020

The difficulty in defending certain wage-and-hour cases is that employers are often asked to prove a negative. “I worked __ number of hours of overtime,” says the plaintiff employee. “Prove that I didn’t.” If the hours are for unclocked work, the employer often lacks...

Furloughs and Other Temporary Responses to Coronavirus (COVID-19) Disruptions

by Kerry Notestine

Mar 12, 2020

Among the many issues employers are facing in the wake of the spread of the novel coronavirus (COVID-19) is the possibility of furloughs, temporary office and location closings, and short-term layoffs. A furlough involves reducing the days or weeks that an employee...

Is an employee entitled to FMLA leave to care for the children of a family member with coronavirus?

by Jon Hyman

Mar 11, 2020

Among other qualifying reasons, the FMLA allows an eligible employee to take 12 weeks of annual unpaid leave to care for a family member with a serious health condition. Family member, however, does not mean any family member. It only applies to an employee’s spouse,...

Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19

by Jacqueline M. Damm & Eric C. Stuart

Mar 10, 2020

The COVID-19 outbreak implicates many different laws for employers to consider as they develop and refine their responses to rapidly changing circumstances. The National Labor Relations Act (NLRA) is just one of these laws. Some employer obligations under the NLRA are...

Alcohol in the workplace hic quiz!

Mar 9, 2020

Test your knowledge! How much do you know about alcohol use and abuse in the workplace? Take our quiz and find out! Sure, everyone is giving all the attention to marijuana these days, but the laws surrounding alcohol are, if anything, even more confusing than the laws...

No Good Deed Goes Unpunished: D.C. Circuit Holds Employer That Failed to Implement Its Own Safety Program Violated the General Duty Clause

by Arthur G. Sapper

Mar 6, 2020

The United States Court of Appeals for the District of Columbia Circuit recently issued a decision that should be of concern to every employer and safety professional. The case involved an employer that had ambitious but unimplemented requirements in its written...

Trump nominates 3 to EEOC, 2 to NLRB

by Robin Shea

Mar 5, 2020

Some are old, and some are new. Some are “red,” and some are “blue.” President Trump has announced his nominations for three seats on the U.S. Equal Employment Opportunity Commission and two seats on the National Labor Relations Board. EEOC The...

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