Category Archives: Coronavirus

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EEOC Issues New COVID-19 Guidance For Employers

On March 27, 2020, the EEOC released a webinar addressing frequently asked employer questions regarding federal antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act (“GINA”), during the COVID-19 pandemic … Continue Reading

The San Francisco Bay Area Issues Strengthened COVID-19 Shelter In Place Orders That Have a Significant Impact on Employers and Operations

The New Orders On March 31, 2020, the following six Bay Area counties issued revised “Shelter in Place” Orders (“Orders”) that went into effect that same day at 11:59 p.m.: San Francisco, Santa Clara, Marin, Alameda, San Mateo, and Contra Costa, and the City of Berkeley.  The new Orders revise and replace the existing Shelter … Continue Reading

The CARES Act: A Comprehensive Overview for Employers

On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law.  The CARES Act is the most expansive economic stimulus package in American history.  The Act follows the passage of the Families First Coronavirus Response Act (“FFCRA”), and acts as its counterpart in many ways.… Continue Reading

The CARES Act: What Employers Need to Know About Its Impact on the Families First Coronavirus Response Act

On March 27, 2020, President Trump signed the largest economic stimulus package in American history into law.  Although the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) made several amendments to the Families First Coronavirus Response Act (“FFCRA”), the majority of the amendments were technical corrections that do not impact the substantive provisions of … Continue Reading

States May Have Additional Layoff Notice Requirements Under “Mini-WARN” Statutes

The Workers Adjustment and Retaining Notification (WARN) Act requires employers with over 100 employees to follow certain notice requirements when laying off employees. 20 C.F.R. 693.6.  WARN requires employers with 100 employees or more to give affected workers at least 60 days’ notice of any plant closing or mass layoff, with exceptions for, among others, … Continue Reading

Overview Of The Paycheck Protection Program Under The Cares Act (Title I)

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted, an economic relief package in response to the COVID-19 pandemic. The CARES Act provides economic support at the federal level to the business sector, employees, individuals and families, and specific industries that have been impacted, including air transportation, healthcare, and … Continue Reading

The CARES ACT – Tax Relief

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act” to provide nearly 2 trillion dollars in aid and relief to individuals, businesses, and other entities in the wake of the spread of COVID-19.  Included in the CARES Act are tax and loan provisions … Continue Reading

Coronavirus Response: A Checklist for California Employers

State and federal governments continue to roll out new COVID-19 laws, regulations, and executive orders.  As a result of the ever-changing legal landscape, employers are left confused at the multitude of rules they must follow and obligations they now face.   Are we considered an essential business to remain open for business? Do we reduce employees’ … Continue Reading

Employee Privacy Forecast: Temperature Checks

To slow the spread of the coronavirus, millions of United States workers are under government orders to stay at home.  However, many businesses considered “essential critical infrastructure” continue to operate and their employees are needed to work.  Many of those businesses are administering health tests like temperature checks to ensure the health and safety of … Continue Reading

California Issues Guidance on Conditional Suspension of California WARN Act Notice Requirements

The California Worker Adjustment and Retraining Notification (WARN) Act (Labor Code Section 1400 et seq.) sets forth procedural requirements that a covered employer must follow prior to a mass layoff, relocation, or termination.  On March 17, 2020, California Governor Gavin Newsom issued Executive Order N-31-20, concerning COVID-19 and the conditional suspension of certain requirements under … Continue Reading

COVID-19 and Trade Secrets: Is Your Business Prepared to Protect its Trade Secrets While Your Employees Work From Home?

In response to the COVID-19 outbreak, many businesses (particularly those in states or cities under “stay home” orders) have implemented a work-from-home (“WFH”) directive for employees.  It is important for businesses to address the security of their trade secrets in this new environment in order to reduce the risk of misappropriation.  It is also important … Continue Reading

Massachusetts Statewide Essential Services and Revised Gathering Order: What Employers Need to Know

Massachusetts issued a revised Essential Services and Revised Gatherings Order that goes into effect at noon on March 24, 2020.  The Order is set forth here.  The Order requires that all businesses and organizations that do NOT provide “COVID-19 Essential Services” are to close their physical workplaces and facilities to workers, customers and the public … Continue Reading

DHS Announces I-9 and E-Verify Relief for Employers Due to COVID-19

Temporary I-9 Procedure for New Hires and Reverifications that Cannot Report to the Worksite On March 20, 2020, DHS announced temporary COIVD-19 flexibility for employers to complete an I-9 for new hires or reverifications using video, e-mail, or fax review of their work authorization documents.  Then when normal operations resume, the company must verify the … Continue Reading

Connecticut Tells Employers to “Stay Safe, Stay At Home”

On March 20, 2020, Connecticut Governor Ned Lamont signed Executive Order No. 7H (the “Connecticut Executive Order”) restricting certain businesses from maintaining an in-person workforce.  The Connecticut Executive Order, which is part of Governor Lamont’s Stay Safe, Stay At Home Initiative, requires all non-essential and not-for-profit businesses in the state to reduce their in-person workforce … Continue Reading

New Jersey Governor Murphy Announces Statewide Stay At Home Order, Closure of All Non-Essential Retail Businesses

On March 21, 2020, New Jersey Governor Murphy issued a statewide “Stay-At-Home” Executive Order (EO 107), available here, directing all residents to stay at home and mandating the closure of all “non-essential” retail businesses.  Governor Murphy also signed Executive Order 108 (EO 108), available here, which invalidates any county or municipal restriction that conflicts with … Continue Reading

New York on Pause: Governor Cuomo Orders All Non-Essential Workers to Stay Home

On March 18, 2020, Governor Cuomo signed an Executive Order (the “March 18 Order”) requiring all “non-essential” New York businesses to reduce their in-person workforce at any work location by 50%.  On March 19, 2020, Governor Cuomo issued another Executive Order (the “March 19 Order”), requiring all “non-essential” New York businesses to reduce their in-person … Continue Reading

Illinois Statewide Stay at Home Order: What Employers Need to Know

On March 20, 2020, Illinois Governor J.B. Pritzker issued a mandatory “Stay-at-Home” Order, located here, directing all Illinois residents to stay home or at their place of residence.  The Order takes effect beginning Saturday, March 21, 2020 at 5:00 p.m. CDT and will last through Tuesday, April 7, 2020.  Under this Order, all public and … Continue Reading

Critical Employee Benefit Issues in a Pandemic – Can Employees Take Their Money out of Plans?

In the wake of the COVID-19 pandemic, reductions in hours, furloughs and temporary closures are becoming an increasingly common and unavoidable occurrence.  Employers can expect to encounter questions with respect to employee benefits offered to affected employees.  While the facts and circumstances of each case will vary, common themes exist, a few of which are … Continue Reading

Los Angeles County and City Ban Gatherings and Order Immediate Closure of “Nonessential” Businesses in an Effort to Curb COVID-19: What You Need to Know About L.A.’s Safe At Home Orders

On March 19, 2020, Los Angeles County and City officials issued separate orders which significantly restrict public mobility and business operation in Los Angeles in an effort to curtail the spread of the novel coronavirus.… Continue Reading

Labor Issues Concerning COVID-19 and Government “Stay at Home” Orders

The National Labor Relations Act (“NLRA”) is a federal law that applies to nearly all employers in the United States.  In the wake of COVID-19, there are numerous issues implicating the NLRA, including but not limited to employees engaging in protected concerted activities including work stoppages, the potential duty to bargain with unions concerning COVID-19 … Continue Reading

What Employers Need to Know About the Newly-Enacted Families First Coronavirus Act

On March 18, 2020, shortly after it was passed in the Senate by a vote of 90-8, President Trump signed H.R. 6201, the Families First Coronavirus Act (the “Act”) into law. There are two paid leave provisions of the Act that employers with fewer than 500 employees should be aware of: (1) the Emergency Family … Continue Reading
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