Perspectives on Labor, Employment & OSHA

Your employees may be “essential,” but do they have to work? The answer is, of course, it depends.

Thousands of businesses nationwide are trying to reopen after shutting their doors because of statewide stay at home orders due to COVID-19. Without question, this has created a significant burden on employers whose financial obligations.

The workers’ compensation system was created to ensure that employees who suffer work-related accidents or illnesses are compensated while, at the same time, protecting employers from lawsuits by these employees. 

We previously reported on how the federal Worker Adjustment and Retraining Notification Act (WARN) and its state law equivalents would apply to layoffs, furloughs, and closings during the coronavirus pandemic.

During the current COVID-19 pandemic, one question for employers has been whether employees who contract COVID-19 may be able to recover workers’ compensation benefits. In California, a new Executive Order by Governor Newsom significantly increases that likelihood by presuming that many employees’ C

The Family First Coronavirus Response Act (FFCRA), which took effect on April 1, 2020, provides two paid leave benefits for certain employees, including two weeks of Emergency Paid Sick Leave and up to 12 weeks of Enhanced Family and Medical Leave (FMLA).

Businesses across the country are facing challenges, including lawsuits, as they grapple with how COVID-19 has impacted their operations, work forces, and supply chains. The wave of litigation is rising, and it appears that no industry is immune.

Earlier today, the Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic.  

On May 3, 2020, the SBA and the US Department of the Treasury released new guidance to assist businesses with calculating the forgiveness amount for Paycheck Protection Program (PPP) loans, with respect to employees who reject an offer to be rehired by a PPP borrower.

As government officials begin to discuss reopening the economy, apparel brands should think about what preventative measures need to be implemented prior to reopening their retail locations across the country.

Under the Coronavirus Aid, Relief, and Economic Security (CARES) Act, Congress created a federal unemployment supplement program, Pandemic Unemployment Assistance (PUA), which extends emergency jobless benefits to gig workers and others who may be ineligible for benefits under existing programs.

On April 30, the IRS released guidance providing that Paycheck Protection Program (PPP) loan borrowers may not deduct costs that are paid for with loan proceeds that are forgiven under the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

In this video episode of Fashion Counsel, Arent Fox Fashion & Retail Practice Leader Anthony V. Lupo, Arent Fox Labor & Employment Practice Leader Michael L. Stevens, and Arent Fox Partner Robert J. Ernest discuss the top issues fashion and retail companies need to think about before reopening.

As coronavirus infections begin to abate in some parts of the United States, employers are contemplating how to safely and efficiently return to work.

The CARES Act provides another resource for federal contractors seeking to retain personnel, but actually obtaining the money requires circumspection and strategy.

The Guidance applies to a category of tax-exempt entities known as “Reimbursing Employers,” which are permitted by Congress to self-insure claims for unemployment benefits. 

As coronavirus infections begin to abate in some parts of the United States, employers are contemplating how to safely and efficiently return to work. It will not be easy.

Chambers USA: America’s Leading Lawyers for Business has recognized 29 Arent Fox LLP attorneys as leaders in their field.

Earlier this month, the Occupational Safety and Health Administration (OSHA) issued two memoranda detailing the agency’s plan for conducting enforcement actions during the COVID-19 pandemic.

On April 16, 2020, California Gov. Gavin Newsom issued Executive Order N-51-20 to provide California food sector workers, including agricultural workers, grocery workers, and food delivery workers, among others, supplemental paid sick leave for COVID-19 related reasons.

Yesterday, the Equal Employment Opportunity Commission (EEOC) addressed two important issues that have vexed employers during the COVID-19 pandemic: 

The U.S. Equal Employment Opportunity Commission (EEOC) continues to update its guidance on the interplay of COVID-related issues and the Americans with Disabilities Act (ADA).

San Francisco and San Jose enacted their own ordinances to provide paid leave to employees to whom the FFCRA does not apply. San Francisco added to its existing paid sick leave ordinance to provide “Public Health Emergency Leave,” while San Jose adopted its new “COVID-19 Paid Sick Leave Ordinance.”

President Trump signed an Executive Order, effective at 11:59 p.m. on Wednesday, April 23, 2020 (the “Effective Date”), suspending the processing of certain green card applications for 60 days. The suspension only applies to green card applicants who are outside the US as of the Effective Date and h

The Massachusetts Department of Unemployment Assistance (DUA) recently issued emergency regulations creating a new “standby” status for employees who find themselves out of work as a result of COVID-19.