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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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The New Reality: The Remote Workplace Is Here—Maybe Permanently!
A recent survey conducted by the Society of Human Resource Managers revealed that one of the top employment issues businesses face today is how best to train supervisors to effectively manage a remote workforce. Close behind supervisory training is the … Continue reading
President Biden Focuses on Strengthening COVID-19 Workplace Compliance
Occupational Safety & Health Administration (OSHA) issues and proposed actions took center stage in the first week of the Biden Administration. The President called for greater enforcement by OSHA of more stringent worker safety standards. Central to this call is greater … Continue reading
Can Companies Use the Outside Sales Exemption During a Pandemic?
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading
Posted in California, DOL, FLSA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, DOL, Fair Labor Standards Act, Outside Sales Exemption
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Cal-OSHA Emergency COVID-19 Regulation
On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on November 20, 2020. OAL will have 10 days … Continue reading
Posted in California, OSHA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, OSHA
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Mail or In-Person Voting? The NLRB Issues Guidance on Representation Elections During the COVID-19 Pandemic
As with many other facets of life, the COVID-19 pandemic is impacting how the National Labor Relations Board (NLRB) handles representation cases. This week, in Aspirus Keweenaw & Michigan Nurses Ass’n, Petitioner, 370 NLRB No. 45 (2020), the NLRB adopted a … Continue reading
Posted in Labor, NLRB, Snell & Wilmer
| Tagged Coronavirus, COVID-19, Elections, NLRB, Unions
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CDC’s New Definition of “Close Contact” May Affect Workplace COVID-19 Response
Most employers are now familiar with pandemic-related terms such as quarantine, isolation, and social distancing, and by now you may have a response plan that incorporates those and other concepts for addressing COVID-19 in the workplace—if you don’t, then now … Continue reading
California Mandates COVID-19 Supplemental Paid Sick Leave for Employers Not Covered by the FFCRA
Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring employers with 500 or more employees and … Continue reading
Posted in California, Sick Leave, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, Paid Sick Leave
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Eligibility for Families First Coronavirus Response Act Leave Under Different School Reopening Models
The Families First Coronavirus Response Act (“FFCRA”) provides covered employees with up to 10 days of emergency paid sick leave and up to 12 workweeks of expanded family and medical leave, 10 workweeks of which are paid, if they cannot … Continue reading
Posted in DOL
| Tagged Coronavirus, COVID-19, DOL, FFCRA, School Reopening, USDOL
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President Trump’s Four Executive Actions Extend Certain Coronavirus Relief Programs, but Create Legal Uncertainty
On August 8, 2020, President Trump issued four executive actions–one executive order and three Presidential Memoranda–aimed at extending various coronavirus relief programs that have already expired, or are set to expire, in the absence of congressional action. These executive actions … Continue reading
Court Rules That DOL Exceeds Authority in Its Coronavirus Paid Leave Regulations
On Monday, August 3, 2020, a federal judge in New York ruled that the U.S. Department of Labor (DOL) exceeded its authority by limiting employees’ eligibility for paid coronavirus leave under the Families First Coronavirus Response Act (FFCRA). While portions … Continue reading