HR & Employee Issues

AUGUST 2020 DEVELOPMENTS:

• Massachusetts Pauses Reopening, Rolls Back Allowable Gathering Size

• EEOC Issues Guidance on Opioid Use by Employees

• EEOC Issues Guidance on How Health Care Providers Can Help Current and Former Patients Who Have Used Opioids Stay Employed

• Travelers from New York Allowed into Trusted Travelers Program Again

• Governor Lamont Provides Update on Connecticut’s COVID-19 Response Efforts

• CDC Issues COVID-19 Communication Plan for Critical Infrastructure Employers

• New York Federal Court Upends Several Employer-Friendly Limitations in the Department of Labor Regulations Implementing the Families First Coronavirus Response Act (“FFCRA”)

• Senate Bill Would Prohibit Private Companies from Collecting Biometric Data without Individuals’ Written Consent, and from Profiting Off of the Biometric Data

• ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester

• Massachusetts U.S. Attorney’s Office Enters into a Memorandum of Understanding with the Office of the Special Inspector General to Investigate and Prosecute Fraud in the Distribution of Funds Authorized by the CARES Act

• Connecticut Insurance Department Issues Guidance Reminding Licensees That the Connecticut Insurance Data Security Law Becomes Effective on October 1, 2020

JULY 2020 DEVELOPMENTS:

• DOL Updates FFCRA Q&A

• California Releases a New Safety Handbook for Employers

• CDC Issues New Guidance on Returning to Work and Ending Home Isolation Due to COVID-19:
  • Return to Work Criteria for Healthcare Personnel with COVID-19
  • Discontinuation of Isolation for Persons with COVID-19 not in Healthcare Settings
    

• Massachusetts to Impose Fines for Non-Compliance with New Travel Restrictions

• US DOL Publishes Additional Guidance on Wage and Hour Rules and Family and Medical Leave

• DOL Issues New FMLA Forms and Guidance on Return-to-Work Issues

• CDC Revises Guidance Applicable to Employees Returning to Work After a COVID-19 Case

• Virginia Becomes the First State to Announce Mandatory COVID-19 Workplace Safety Requirements

• Department of State Issues Guidance on Exceptions to Presidential Proclamations

• OSHA Publishes Additional Responses to FAQs on Worker Safety During COVID-19 Pandemic

• New Jersey Extends Public Health Emergency Until Early August 2020

• Connecticut Updates Capacity Rules for Gatherings and Venues

• CDC Issues COVID-19 Testing Strategy Guidance for Workplaces

• OSHA Releases Additional FAQs on Returning to Work

• Phase III of Massachusetts Reopening Starts July 6

• Connecticut and New Jersey Senators Plan to Introduce Federal Legislation to Eliminate the Use of COVID-19 Student-Athlete Liability Waivers

• New York City Commission on Human Rights Issues Final Rule Regarding Exceptions to Bans on Pre-Employment Marijuana Tests

JUNE 2020 DEVELOPMENTS:

• DOL Issues Five Wage and Hour Division Opinion Letters Concerning a Wide Variety of Topics

• CDC Expands List of Individuals Considered to be At-Risk of Severe COVID-19 Illness

• DOL Issues Guidance Clarifying How the FFCRA Applies Over the Summer Season

• DOL Vows to Refrain from Seeking Liquidated Damages in Most Pre-Litigation Settlements

• Proposed Amendments to the Massachusetts Paid Family and Medical Leave Regulations

• COVID-19 Executive Orders Affecting Business, Labor, and Housing
  

• Presidential Proclamation Suspends Temporary Work Visas and Extends Prior Suspensions

• Massachusetts Updates Sector-Specific Safety Standards for Phase 2 of Reopening Plan 

• OSHA Issues Guidance for Reopening “Non-Essential” Businesses

• Connecticut DMV Partially Reopens by Appointment Only

• Governor Lamont Updates FAQs on the State’s Action Related to COVID-19

• DOL, HHS and Treasury Release Joint FAQs Regarding FFCRA and CARES Act Implementation

• Massachusetts Enters Phase II of Reopening Guidelines on June 22

• EEOC Clarifies That Mandatory Antibody Tests Are Impermissible

• NLRB Issues Guidance Memo Describing Changes to Evidence Collection in Unfair Labor Practice Investigations

• U.S. Immigrations and Customs Extends Form I-9 Requirements Until July 19, 2020

• Delaware Issues Revised Guidance for Employers as State Enters Phase II of Reopening Plan

• EEOC Updates FAQ Guidance on Workplace Accommodations

• EEOC Issues Additional Return-to-Work Considerations for Employers

• EEOC Unveils New Webpage on Commissioner Charges and Directed Investigations

• Federal Motor Carrier Safety Administration Extends Waiver Period for Certain Pre-Employment Drug Tests From 30 to 90 Days

• OSHA Issues FAQ Guidance for Employers Regarding Masks in the Workplace

• Massachusetts Enters Phase 2 of Reopening

• Connecticut Issues Phase 2 Reopening Rules

• Massachusetts Governor Issues New Guidance on Reopening Phase 2

• President Trump Issues Proclamation on the Suspension of Entry as Nonimmigrants of Certain Students and Researchers from the People’s Republic of China

• Massachussetts Releases Reopening Plan and Business Requirements

• Updated CDC Guidance: COVID-19 Employer Information for Office Buildings

• CDC Issues Guidance for Universities and Colleges on Safely Opening Campuses

• New York State Releases Reopening Guidance for Phase 2 Businesses

• The CDC Warns Against Using Antibody Testing Results to Make Workplace Decisions

• OSHA Issues Updated COVID-19 Guidance for Construction Industry Employers
  

MAY 2020 DEVELOPMENTS:

• CDC Issues Guidance to Reopen Businesses, Health Care Facilities and Providers, Schools, Transit and Other Industries

• Connecticut Updates FAQs on State’s Response to COVID-19

• New OSHA Guidance for Recording COVID-19 Cases at Work

• EPA Proposes First Ever Rule to Improve Transparency of Guidance

• DOL Issues Final Rule Permitting Use of Non-Salary Compensation Under the Fluctuating Workweek Pay Method

• COVID-19 Alert: Businesses Must Submit a Self-Certification Prior to Reopening on May 20

• NLRB Division of Judges to Resume Unfair Labor Practice Hearings in June

• DOL Clarifies Entitlement to Additional $600 in Partial Unemployment Context

• OSHA Issues Guidance for Nursing Home and Long-Term Care Facility Workers 

• Office of Federal Contract Compliance Announces August 2020 Deadline to Implement New Disability Self-ID Form

• EEOC Delays EEO Date Collections Due to COVID-19

• CDC Updates FAQs for Business on COVID-19 Procedures

• CDC Issues Guidance on Preparing to Reopen Workplaces, Businesses, and Schools after COVID-19 Shutdown

• CDC Discusses Issues for Employers to Consider When Deciding on Reopening

APRIL 2020 DEVELOPMENTS:

• Is a Global Pandemic a De Minimis Hardship? EEOC Guidance on COVID-19 and Religious Accommodation

• White House Issues Guidelines for Opening Up America Again

• EEOC Provides FAQs Regarding COVID-19 and the Workplace

• FDA Issues FAQs on Diagnostic Testing for COVID-19

• CT DOL Issues Unemployment Insurance FAQs for Employers

• CT DOL Issues Unemployment Insurance Filing Questions for Workers

• CT DOL Issues Paid Sick Leave and Other Absences FAQs

• CT DOL Issues Wages and Hours FAQs

• CT DOL Issues FMLA FAQs

• CT DOL Issues Federal Unemployment Insurance Stimulus Program FAQs

• DECD’s Mandatory Safe Workplace Rules for Essential Employers, April 21, 2020 Update

• Connecticut DOL Issues Over $230 million in Benefits to Connecticut Residents with Continued Automation Programming

• United States Office of Personnel Management Issues Summary of Statutory and Regulatory Requirements in Connection with the Emergency Paid Sick Leave Act

• Connecticut Updates Mandatory Mask Rule in Effect for Essential Workplaces and Stores

• Retail FAQs During the COVID-19 Pandemic

• OSHA’s New COVID-19 Inspection Plan: What Employers Should Expect

• Connecticut Unemployment Insurance FAQs

• Governor Lamont Announces Implementation of New System That Will Significantly Speed Up Unemployment Claims During COVID-19 Emergency

• Managing the Notice and Documentation Requirements Under the New Paid Sick and FMLA Leave Law

• What Can You Do to Help Your Employees Through This Crisis?
  

• What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

• FFCRA Regulations

• Connecticut Department of Labor Guidance for Employers and Employees (CT DOL) across a range of issues, including unemployment compensation, wage and hour, paid sick leave and other absences, family and medical leave, and more.

• Families First Coronavirus Response Act

• Families First Coronavirus Response Act (FFCRA) Paid Leave Goes Into Effect April 1st
  • Notice Requirements in Effect Now (poster included here)

• New DOL Regulations for Families First Coronavirus Response Act (FFCRA)
  

MARCH 2020 DEVELOPMENTS:

• Suspension of CT DOL's RESEA Program: The state Department of Labor is suspending the federal Reemployment Services and Eligibility Assessment work-search program effective immediately.
  • This program involves a more intensive process that mandates recipients of unemployment insurance go to the American Job Centers in person and receive one-on-one help.

• CT DOL anticipated serving 9,030 people this year. Suspending this program will reduce traffic in the centers and help limit in-person contact with the public. The agency still anticipates reaching its goal of serving 9,030 people this year.

• CT DOL Shared Work Program
  

• CT DOL FAQs for Workers & Employers
  • Unemployment Insurance
  • Paid Sick Leave & Other Absences
  • Wages & Hours
  • FMLA

• Effective 3.18.20, the Connecticut Department of Motor Vehicles (DMV) will close all branch offices to the public for the transaction of business. Employees will continue to as