COVID-19

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The National Labor Relations Board’s (“NLRB” or Board”) Division of Advice[1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor practice charge (“ULP” or “charge”) against the employer was warranted.  These advice memos come on the heels of a series of advice memos issued by the Division of Advice in July, which also recommended the dismissal of COVID-19-related charges filed against employers.  Although these advice memoranda do not carry the same weight as a Board decision, they shed light on how the regional offices may view these matters going forward and can be used as a roadmap for employers who are undoubtedly navigating similar issues in their businesses during the pandemic.
Continue Reading NLRB Releases More Employer-Friendly COVID Advice

With some employees returning to the office, and many states now permitting non-essential business travel, business managers are beginning to reassess the feasibility of a mobile workforce.  One barrier to business travel, however, is state by state travel restrictions which vary substantially and may be inconsistent.  In addition, the Centers for Disease Control and Prevention (CDC) continues to recommend that employers “minimize non-essential travel,” and offers guidelines for safer business travel during the Coronavirus pandemic.
Continue Reading Navigating Business Travel Through the Pandemic

On August 3, 2020, U.S. District Judge J. Paul Oetken issued a decision in State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D.N.Y. Aug. 3, 2020), which vacated several portions of the Department of Labor’s (“DOL”) regulations concerning the Families First Coronavirus Response Act (“FFCRA”).
Continue Reading New York Federal Court Vacates Several Portions of DOL Regulations Regarding FFCRA Leave

As Congress grapples with the next tranche of COVID-19 legislation, one key issue that has remained at the forefront of the debate is whether, and to what extent, Congress will limit COVID-19 exposure lawsuits against businesses and non-profit organizations that remain operational during the pandemic. …
Continue Reading With Immunity and Justice For All? Congress Weighs Unparalleled Tort Reform for Businesses in Light of COVID-19 Pandemic

On July 24, 2020, the California Department of Public Health (“CDPH”) issued guidance entitled “COVID-19 Employer Playbook For a Safe Reopening.”  The CDPH then revised the 32-page Employer Playbook a week later, on July 31st.  A link to the most up-to-date guidance is available here.
Continue Reading California Department of Public Health Issues COVID-19 “Employer Playbook”

In light of the COVID-19 pandemic, many employers have been forced to conduct staff layoffs as businesses were closed in compliance with shelter-in-place orders and subsequently rehire employees as lockdown restrictions have been lifted. One concern employers should bear in mind is how the layoffs and later rehiring of employees impact the enforceability of any previously agreed upon restrictive covenant agreements.
Continue Reading 1st Circ. Holds Non-Compete Agreement Unenforceable Against Fired and Rehired Employee

Beginning July 27, 2020, Virginia will become one of the first states to implement comprehensive, mandatory safety regulations for employees returning to work during and post-COVID.  In a press release last week, Governor Ralph Northam announced that the Virginia Safety and Health Codes Board had voted to adopt an emergency temporary standard, §16VAC25-220, which is designed to “control, prevent, and mitigate the spread of” COVID-19.
Continue Reading Safety Protocols in the Face of COVID: What New Virginia Safety Standards Require of Employers

Most employers wrestling with COVID-19 related employment law issues aren’t paying much attention to the labor law issues arising out of the pandemic.  Indeed, because most U.S. employers are non-union, many operate under the mistaken belief that they fall outside the reach of the National Labor Relations Act (Act or NLRA) and don’t have to concern themselves with labor law compliance.  However, the NLRA protects almost all private sector employees regardless of whether they are union-represented or not.  Accordingly, except for those employing agricultural employees or workers covered by the Railway Labor Act, both unionized and union-free employers are subject to the NLRA and must conform their personnel policies, practices and decision-making to the Act.
Continue Reading NLRA “Advice” All Employers Should Consider in a COVID World

On July 3, 2020, San Francisco enacted a temporary emergency ordinance requiring businesses with more than 100 employees to offer reemployment to employees laid off due to the COVID-19 pandemic.  Known as the “Back to Work” emergency ordinance and aimed at mitigating the severe economic harm to individuals who have been unable to work due to the public health emergency caused by COVID-19, this enactment creates a right to reemployment for eligible laid-off workers if their prior covered employer resumes business operations and/or seeks to re-staff.  According to its terms, this statute will remain in effect for only 60 days.  Thus, unless it is extended or reenacted, the statute will remain in effect only through September 1.  However, what its lingering legal effect will be in terms of hiring rights, duties and obligations in San Francisco beyond its expiry remains an open question. …
Continue Reading San Francisco Enacts a Temporary Ordinance Granting Workers Laid Off Due to COVID-19 a Right to Reinstatement

On July 2, 2020, the federal Occupational Safety and Health Administration (“OSHA”) published an FAQ web page based on COVID-19 related inquiries that the agency received from the public.  The FAQ page provides a central location for information and links on a variety of topics related to best practices to ensure worker safety and protect workers’ rights during the ongoing pandemic.  Although the majority of the guidance contained in OSHA’s responses is not new, employers should review the FAQ page to ensure their health and safety policies and procedures follow OSHA’s recommendations.  This article lists the topics covered by the new FAQ page and identifies a few topics that may be of particular interest to employers.
Continue Reading OSHA Publishes Responses to Frequently Asked Questions on Worker Safety During COVID-19 Pandemic