HR & Employee Issues

SEPTEMBER 2020 DEVELOPMENTS:

California Implements New COVID-19 Supplemental Paid Sick Leave Requirement

OSHA Updates Rule on Employee Medical Records Access

DOL Publishes Temporary Rule Amending Various FFCRA Provisions in Response to New York Federal District Court Opinion

EEOC Releases Guidance Stating, in part, That Remote Work is not Automatically a Reasonable Accommodation

New York State’s New Paid Sick Leave Law Goes into Effect September 30, 2020

Massachusetts Issues Updated Paid Family and Medical Leave Regulations

Proposed Safe to Work Act Would Provide Businesses Broad COVID-19 Liability Protections

AUGUST 2020 DEVELOPMENTS:

Connecticut’s Minimum Wage Set to Increase to $12/hour on September 1, 2020

NLRB Releases Employer-Friendly COVID Advice Memo Regarding an Employer’s Ability to Refuse to Engage in Midterm Bargaining over COVID-19 Related Policies (See Memphis Ready Mix)

NLRB Releases Employer-Friendly COVID Advice Memo Regarding Information Requests Related to the Decision to Layoff Employees (See ABM Business and Crown Plaza O’Hare)

NLRB Releases Employer-Friendly COVID Advice Memo Regarding Protected Concerted Activity During the Pandemic (See Marek Bros Drywall Co. and Hornell Gardens, LLC)

DOL Updates Telework Guidance

DOL Publishes Final Rule that Substantially Revises its Practices with Respect to Guidance Documents

DOL Issues New FAQs Regarding COVID-19 and the FFCRA

CDC Updates Guidance on Appropriate Use of Testing for COVID-19

CDC Updates Guidance on Travel During COVID-19

DOL Issues Field Assistance Bulletin Reminding Employers of Obligations to Track and Pay for Remote Work

FDA and OSHA Publish Employee Health and Food Safety Checklist for Human and Animal Food Operations During COVID-19

San Francisco Issues Guidance on COVID-19 Temporary Right to Reemployment Ordinance

USCIS Updates Public Charge Fact Sheet in Light of COVID-19

IRS Issues FAQs on Leave-Sharing Plans to Aid Employees Affected by COVID-19

8th Circuit Concludes that COVID-19 Losses Can Qualify as “Direct Physical Losses”

US DOL Announces Guidance for the Lost Wages Assistance Program

President Trump Issues Memorandum on Temporary Deferral of Employee Payroll Tax Obligations in Light of COVID-19 Pandemic

New York Federal Court Vacates Several Portions of DOL Regulations Regarding FFCRA Leave

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

September 16, 2020
COVID-19: State of Connecticut Governor's Executive Orders
June 8, 2020
COVID-19 Webinar: Preparing A Return To Workplace Plan - Major Elements of a Plan and Relevant Federal and State Guidelines
May 29, 2020
COVID-19 Webinar Series: Open for Business: Preparing for a Successful Reopening Strategy
May 21, 2020
COVID-19 Webinar: Are you Ready to Open in this New World?
May 18, 2020
COVID-19 Alert: Businesses Must Submit a Self-Certification Prior to Reopening on May 20
May 15, 2020
COVID-19 Alert: Mandatory Extensions of Certain Timeframes for Employee Benefit Plans, Participants, & Beneficiaries Affected by COVID-19
April 30, 2020
Single Employer Benefits & Pension Alert - The Coronavirus, Aid, Relief, And Economic Security (CARES) Act
April 1, 2020
COVID-19 Alert: FFCRA Paid Leave Goes Into Effect
April 1, 2020
COVID-19 Alert: DOL Issues Regulations for FFCRA
March 21, 2020
COVID-19: Governor Lamont Issues Executive Order - "Stay Safe, Stay Home"
March 21, 2020
COVID-19 Guidance & Resources
March 20, 2020
COVID-19 Alert: President Signs Emergency Leave Law
March 20, 2020
COVID-19 Alert: State of Connecticut Initiatives
March 17, 2020
Reid & Riege COVID-19 Update: A Message to Our Clients and Friends