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Dykema Labor & Employment Law Blog

Dykema Labor & Employment Law Blog

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Coronavirus and Immigration: USCIS Announces Flexibility Regarding Responses to Requests for Evidence and Notices of Intent to Deny

In response to the coronavirus disease pandemic, the USCIS today announced it will exercise some flexibility regarding responding to requests for evidence (RFEs) and notices of intent to deny (NOIDs) dated between March 1 and May 1, 2020. Read More ›

COVID-19 Immigration Updates

Federal authorities have recently issued a large number of new policies, guidance, etc., in response to the coronavirus pandemic. These include the following:

Flexibility in Submitting Required Signatures on Applications

The USCIS has announced it will accept application forms with reproduced original signatures. 

It already accepts certain petition forms electronically for processing and this new announcement will now also accept those that have previously required original / “wet ink” signatures.

Petitioners must retain the documents containing the original / “wet ink” signatures because the USCIS can still request these at any time. Read More ›

Question and Answer: Employee Benefits Triage Amid COVID-19

Dykema has launched a COVID-19 Resource Center to keep our clients up to date on the most recent legal, business and health guidance surrounding the novel coronavirus and how to navigate their businesses through uncertain times. Various firm practitioners are providing timely content that aims at providing guidance for employer’s current issues as well as those unforeseen items that have yet to arise. The site is continually being updated, as state and federal authorities provide guidance on a rolling basis. Read More ›

Families First Coronavirus Response Act Signed Into Law, Imposing Paid Leave Requirements On Small And Medium Employers Beginning April 2, 2020

On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) a few hours after the Senate approved the bill. Among other things, the new law, with which all employers must comply by April 2, 2020, requires employers with fewer than 500 employees to provide two weeks’ paid leave to employees who need to take time off because of an actual or potential illness related to COVID-19, to care for family members who are home ill or quarantined because of COVID-19 exposure or to care for children who are home because of school or care provider closures linked to the ongoing global pandemic. The new law also requires employers to provide employees up to 12 weeks' leave, with 10 weeks paid, for employees who have to take time off to care for children who are home because of school or daycare closure. Notably, in a substantial change from the bill passed by the House of Representatives on March 14, 2020 (discussed here), the law does NOT require paid leave for a longer period for employees home sick or self-quarantining because of potential COVID-19 exposure. Read More ›

House of Representatives Passes Far-Ranging Paid Sick and Family Leave Legislation for Workers Impacted by COVID-19

On March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act (“FFCRA”). While the bill has not yet been passed by the Senate, the White House has indicated that it supports and intends to sign the bill into law once the Senate has an opportunity to address its provisions, which will likely be sometime early this week. Read More ›

Practical Tips to Minimize Labor & Employment Risks Arising From Coronavirus Concerns in the Workplace and Workforce [Part II]

This second alert of a multipart series provides practical tips to minimize legal risk arising from the following legal perils that await any unprepared or ill-informed employer. 

As the world’s information about the Coronavirus (“COVID-19”) continues to quickly update, employers must remain aware of the many potential legal risks that can rapidly arise when grappling with COVID-19 in U.S.-based workplaces and workforces. This second alert of a multipart series discusses the following legal perils that await any employer who is unprepared or ill-informed. Read More ›

Practical Tips to Minimize Labor and Employment Risks Arising From the Coronavirus in the Workplace and Workforce

This first alert of a multipart series provides practical tips to minimize legal risk arising from the following legal perils that await any unprepared or ill-informed employer.  

As the world’s information about the Coronavirus (“COVID-19”) continues to quickly update, employers must remain aware of the many potential legal risks that can rapidly arise when grappling with COVID-19 in U.S.-based workplaces and workforces. In the first alert of a multipart series, the following legal perils await any employer who is unprepared or ill-informed. Read More ›

The NLRB’s Joint Employer Rule Has Arrived

Continuing its trend of restoring standards to the pre-Obama Board era, the National Labor Relations Board issued its final joint employer rule, returning the Board to its pre-2015 joint employer rules, albeit with a bit more guidance. The five-member Board currently has two vacancies.

The rule, published on February 26, 2020, and effective April 27, 2020, takes the Board back to the “substantial direct and immediate control” joint employer test it employed before the 2015 Browning-Ferris decision. Under Browning-Ferris, a business that only exercised “indirect control” over the employees of a contractor or franchisee could be considered a joint employer. This test greatly expanded the circumstances in which a business could be considered a joint employer. The new rule rolls back Browning-Ferris and provides clarity to employers who should now be breathing a sigh of relief. Read More ›

The NLRB Ends 2020 With a Bang!

Over the past few weeks, the National Labor Relations Board issued a series of employer-friendly decisions overturning a number of Obama-Board precedent-changing decisions. While not all of these recent decisions totally restored the law to what it was before the Obama Board’s changes, they all significantly move the pendulum back to near the center. The Board also issued its final rule regarding representation case procedures, something employers have been anxiously awaiting. The following summarizes what has occurred.

1. The Obligation to Deduct Union Dues Ends When the Collective Bargaining Agreement Expires (Again) Read More ›

January 1, 2020, Means New Pay Rules – Are You Ready?

On January 1, 2020, a number of new pay rules will become effective. While these changes may not directly impact many employees, they could cause pay compression under many compensation plans. Pay compression issues trigger employee morale issues, and adapting to those issues may mean that more than just those at the bottom of pay scales will need to have their pay adjusted. This ripple effect, of course, could be costly. Further, if the employees are covered by union contracts, how these new rates are rolled in, and whether pay compression concerns may be addressed, are mandatory subjects of bargaining. While a union contract cannot violate the law, the effects triggered by compliance are subjects of bargaining.

The following will briefly summarize what employers should be aware of and address in some form: Read More ›