Perspectives on Labor, Employment & OSHA

Since last week when we wrote about the “shelter in place” and “stay at home” orders issued in California, New York, and Illinois, many more states have issued similar orders. The general discussion from our prior alert still applies, but below is an up-to-date list of the states that have adopted the stay-at-home approach to fighting the spread of COVID-19.

Like some other states, California has its own state version of the federal Worker Adjustment and Retraining Notification (WARN) Act. 

Yesterday, District of Columbia Mayor Muriel Bowser issued an order aimed at significantly slowing the community transmission of COVID-19. 

On March 20, 2020, Governor Cuomo signed the “New York State on PAUSE” Executive Order (“PAUSE Order”) to ensure safety for residents across New York State. Effective 8PM Sunday, March 22, 2020, all statewide non-essential businesses must close all in-person operations.

As more and more states order businesses to close their physical locations because of the novel coronavirus pandemic, employers are being encouraged by the federal and state governments to work remotely and not have their employees report to worksites unless they fit into the definition of essential

On March 18, 2020, New York Governor Andrew Cuomo signed into law Senate 8091 providing for paid sick leave, family leave, and certain disability leave for employees affected by mandatory or precautionary orders to quarantine or isolate due to the novel coronavirus (COVID-19) pandemic. 

Yesterday, Virginia Governor Ralph Northam issued a state-wide order aimed at promoting health and safety and reducing COVID-19’s spread. The order, which goes into effect today at 11:59 p.m., bans all gatherings of more than 10 people and mandates that certain non-essential businesses close. 

With COVID-19 diagnosed in 21 of Maryland’s 24 counties and the disease’s death toll increasing, Maryland Governor Larry Hogan has issued another order designed to stem the virus’s spread. Effective at 5:00 on Monday evening, all “non-essential businesses” closed until the state of emergency ends.

The Massachusetts Department of Unemployment (DUA) has taken steps to streamline the process for securing unemployment benefits in light of increased demand resulting from the COVID-19 pandemic.

What Does This Mean For Legal Proceedings in New York State?

The disruptions resulting from the novel coronavirus (COVID-19) pandemic present difficult questions for many employers who must decide whether to close offices, furlough employees, or layoff all or part of their workforce.

On March 18, DC Mayor Muriel Bowser signed into law the COVID-19 Response Emergency Amendment Act of 2020. The statute, which the City Council passed unanimously, contains two major workforce protections applicable to employers in the District of Columbia.  

On Wednesday, New York Governor Andrew Cuomo signed A10153, a bill designed to provide paid sick leave and wage replacement for workers who are affected by the coronavirus pandemic.

Earlier this week, we published an Alert that reviews the EEOC’s recent guidance entitled What Employers Should Know about the ADA, the Rehabilitation Act, and COVID-19. This Alert reviews the additional guidance that the EEOC issued on March 19.

On March 10th, the Department of Labor’s Wage and Hour Division issued guidelines that address many Family and Medical Leave Act (FMLA) issues that have arisen due to the COVID-19 pandemic.  

As an update to our post on Monday, yesterday the U.S. Senate overwhelmingly passed the Families First Coronavirus Response Act, H.R. 6201, which the U.S. House of Representatives had passed in a bipartisan vote on March 14 (with further changes made by the House by unanimous consent on March 16).

As the coronavirus pandemic continues to threaten public health worldwide, government officials in the United States are taking new steps to help stop the spread of COVID-19. These steps include new recommendations and guidance for employers navigating the crisis.

As the spread of COVID-19 accelerates across the United States, hospitals, health systems, and other providers face unique challenges. Arent Fox’s Health Care Group analyzes what you need to know about regulatory changes and guidance from the federal government.

The coronavirus pandemic raises vexing issues for employers, including issues under the Americans with Disabilities Act and the federal Rehabilitation Act. The EEOC has addressed several of those issues in its publication What You Should Know about the ADA, the Rehabilitation Act, and COVID-19. 

Questions are being raised if an employer has the legal right to discipline or discharge employees who refuse to work out of concern about the Coronavirus. The definitive legal answer is, “it depends.” There are both legal and employee relations issues at stake here.

Congress is moving quickly to provide relief to employees who are impacted by COVID-19, and the legislation will also have a big impact on most employers.

With the WHO declaring the coronavirus a worldwide pandemic and President Trump declaring a “National Emergency to Fight COVID-19,” it is imperative that employers understand the requirements of the OSH Act and its standards to ensure that work and the workplace are safe for their employees. 

On March 10, the Department of Labor’s Wage and Hour Division issued guidelines that address many Fair Labor Standards Act issues that have arisen due to the COVID 19 pandemic. This Alert identifies some of the highlights.

Congressional leaders in Washington are halfway towards passing a second comprehensive spending package in response to the coronavirus outbreak.

Bloomberg Law