COVID-19

Subscribe to COVID-19 via RSS

The United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made it clear that they will act to protect employees on the front lines of the battle against COVID-19. On the one hand, as we explained in a prior client alert, they previously announced pre-clearance procedures and other guidelines intended to make it easier for companies to collaborate in legitimate, pro-competitive ways. In their latest announcement, the DOJ and FTC warned that they would not hesitate to protect all employees from companies that use COVID-19 as an excuse to collude in fixing wages, benefits, hours worked, or other aspects of employment. Given the government’s prior focus on antitrust issues in the labor market, including their prior indication that they will pursue criminal remedies where appropriate, employers must be more careful than ever to ensure that they do not run afoul of antitrust laws in this area.
Continue Reading Employers Beware: COVID-19 Will Not Excuse Wage or Labor Fixing Agreements

In an apparent attempt to further reduce the spread of COVID-19 in Michigan, on Friday, April 3, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which provides protection to all employees who stay home when they are at “particular risk” of infecting others with COVID-19. While this latest Order is well-intentioned, as implemented it may create significant impediments for employers who are attempting to staff positions in critical industries, and particularly for private sector employers with fewer than 500 employees who are required to provide benefits under the recent federal paid leave laws.
Continue Reading Michigan Governor Issues Executive Order Creating Protected Class of COVID-19 Positive Employees

As employee complaints about safety and the availability of personal protection equipment (“PPE”) mount, employers should remember that the law protects employees engaged in concerted action. Specifically, the National Labor Relations Act (“NLRA”) protects the right of employees “to engage in… concerted activities for the purpose of… mutual aid or protection.” These protections apply to both unionized and non-unionized employees.
Continue Reading A Timely Reminder: Employee Complaints About Working Conditions Are Protected

On April 1, the DOL provided employers with further clarity on the FFCRA by publishing temporary regulations. These regulations will be effective from April 1, 2020, until December 31, 2020—the same effective period of the FFCRA. Also relevant to employers, the IRS issued guidance regarding the FFCRA tax credit. As with our other alerts on the FFCRA, the following highlights key aspects of the new regulations:
Continue Reading In the Nick of Time: Department of Labor Issues Temporary Regulations Interpreting the Families First Coronavirus Response Act

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.
  • USCIS Offices Closed from March 18—April 1
  • The USCIS has halted all in-person services at its field offices, asylum offices and Application Support Centers (ASCs) until April 1, 2020.
  • It will send notices to those with scheduled appointments affected by the closures and issue new notices when matters are rescheduled.

Continue Reading COVID-19 Immigration Updates

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

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

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