The Department of Labor (“DOL”) issued revisions to its Temporary Rule implementing the Families First Coronavirus Response Act (“FFCRA”) on Friday, September 11, 2020 (the “Revised Temporary Rule”). The Revised Temporary Rule was issued in response to the decision by U.S. District Judge J. Paul Oetken of the Southern District of New York on August
Federal Judge Vacates Portions of DOL’s FFCRA Regulations
On Monday, August 3, 2020, U.S District Judge J. Paul Oetken of the Southern District of New York issued a Decision and Order striking down portions of the Department of Labor (“DOL”) regulations implementing the Families First Coronavirus Response Act (“FFCRA”). Particularly, the order vacated the following portions of the DOL regulations:
- The requirement that
Businesses Ordered to Implement New Safety and Sanitation Measures
Special thanks to McNees attorneys Steve Matzura and Errin McCaulley for contributing to this post.
On April 5, 2020, the Pennsylvania Department of Health released an Order requiring businesses with in-person operations during COVID-19 to adopt and implement certain safety measures. Businesses covered by the Order include those with facilities of at least 50,000 square
President Trump Signs Families First Coronavirus Response Act to provide Paid FMLA Leave and Paid Sick Leave in Response to COVID-19
Yesterday, President Trump signed into law historic legislation that will have a significant impact on a many employers nation-wide. The legislation, called the Families First Coronavirus Response Act, has many provisions. We will focus this discussion on the workplace issues that most employers can expect to face.
Paid Sick Leave
The law includes the Emergency
An Employer’s Guide to Managing the Coronavirus in the Workplace
According to the Centers for Disease Control and Prevention (CDC), the Coronavirus, or COVID-19 as it has been named, is a respiratory illness that can spread from person to person. COVID-19 is a novel coronavirus that was first identified in late 2019 during an investigation into an outbreak in Wuhan, China. Cases of coronavirus have
ENFORCEMENT OF INDIVIDUAL ARBITRATION AGREEMENTS – SUPREME COURT TAKES TWO STEPS FORWARD AND ONE STEP BACK
Last year, the Supreme Court of the United States issued a significant decision upholding the use of individual arbitration agreements that include class action waivers. The Epic Systems’ Decision provided clarity to employers considering the use of arbitration agreements and class action waivers in the employment context. However, for employers with workers in the transportation
Covered Employers Must Electronically Submit Injury and Illness Data to OSHA by December 15, 2017
Last year, OSHA issued a new electronic reporting rule that requires employers with more than 250 employees in industries covered by the OSHA recordkeeping regulations, as well as employers with 20-249 employees in designated “high-risk industries” (including manufacturing, construction, and many healthcare establishments), to electronically submit injury and illness data from their OSHA 300 logs
White House Office of Management and Budget Hits the Pause Button on EEO-1 Compensation Data Requirement
Employers with 100 or more employees (and federal contractors with 50 or more employees) must submit an EEO-1 Report annually, detailing the race, gender, and ethnicity of its workforce. In September of 2016, the Equal Employment Opportunity Commission (“EEOC”) issued a revised EEO-1 Form, which would have required employers to submit extensive data related to
Medical Marijuana is Legal in Pennsylvania . . . Does Your Drug Testing Policy Have to Go Up in Smoke?
On April 17, 2016, Pennsylvania Governor Tom Wolf signed the Medical Marijuana Act (MMA), which legalizes medicinal marijuana in Pennsylvania. The MMA, which takes effect on May 17, 2016, includes various provisions related to employment, and we have received many questions regarding what employers must, can and cannot do as a result of the new
Job Duty of Getting Coffee for Boss is not Sexual Harassment and Early Departure With Pay is Not Actionable Retaliation
The act of getting coffee is not a gender specific act that can form the basis for a sexual harassment claim according to a recent court decision in Klopfenstein v. National Sales and Supply. The plaintiff had asserted that being compelled to perform what she considered to be a ‘servile task’ was, in and