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Federal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage
Hunton Andrews Kurth LLP, August 2020

On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”), collectively referred to at the Families First Coronavirus Response Act...

Office of the Future: COVID-19 is Changing How and Where we Work
Waller, August 2020

COVID-19 is having a transformational impact on American workplaces, which has short- and long-term consequences. Waller partners Bo Campbell and Aron Karabel join this episode to address the transformation. Campbell, a leader on Waller's real estate team, discusses the impacts on commercial leasing and how the work-from-home phenomenon will impact office trends and future development projects. Here is a transcript of the conversation: Morgan Ribeiro, Host Welcome to PointByPoint...

IRS Confirms Use of COVID-19 Leave-Sharing Plans
Bradley Arant Boult Cummings LLP, August 2020

The Internal Revenue Service (IRS) has recently published frequently asked questions addressing leave-sharing plans related to the COVID-19 pandemic. Following IRS Notice 2006-59, the IRS has confirmed that employers may set up leave-sharing plans to permit their employees to deposit leave in an employer-sponsored leave bank for use by other employees who have been adversely affected by the COVID-19 pandemic...

New Rules on Temporary Unemployment as of 1 September 2020: Start Making Preparations Now
ALTIUS/Tiberghien, August 2020

From 1 September 2020, new rules on temporary unemployment will enter into force.  Companies and sectors that are substantially impacted by the Covid-19 crisis can continue to apply the current and simplified ‘Covid-19 force majeure’ temporary unemployment regime until 31 December 2020. The list of in-scope sectors is yet to be determined by the Minister of Work...

Are Parts of Paid COVID-19 Leave Regulations in Jeopardy? Federal Court Rejects Parts DOL’s FFCRA Regulations, Employers Brace for Possible Fallout
Dykema, August 2020

On Monday, August 3, 2020, a New York federal judge issued a decision invalidating portions of the DOL’s regulations implementing the Families First Coronavirus Relief Act (“FFCRA”). The decision’s impact changes the legal landscape employers confront as they strive to comply with the FFCRA—a landscape that is unstable as the DOL and the courts sort out the legality of the disputed regulations...

Emergency Parental Leave is Published
Carey, July 2020

On Monday July 27th, Law No. 21,247 which establishes special benefits for some parents and children’s guardians (the “Law”) in the context of the COVID-19 pandemic, was published on the Official Gazette. The main aspects regulated by the Law, are the following:   I. Preventive parental leave It consists in the granting of preventive leave for taking care of children whose parents were making use of the parental postnatal leave...

California Issues New COVID-19 Employer Playbook for a Safe Reopening
Hanson Bridgett LLP, July 2020

On July 24, 2020, the California Department of Public Health issued a new guidance document for all employers within California, entitled “COVID-19 Employer Playbook For a Safe Reopening...

IRS Provides Rules for W-2 Reporting of COVID Paid Leaves
Hanson Bridgett LLP, July 2020

Key Points Small employers (with fewer than 500 employees) and governmental employers who are required to provide employees with paid sick and expanded family leave related to COVID-19 are required to report the amounts paid on Form W-2. IRS guidance provides information about how to report paid leave on employees’ Forms W-2...

DOL Releases Updated FMLA Forms
Dinsmore & Shohl LLP, July 2020

The Department of Labor’s Wage and Hour Division (WHD) recently released streamlined forms employers may use to coordinate leave under the Family and Medical Leave Act (FMLA)...

Supreme Court Orders Cancellation of Automatic Sick Leave Certificates for Quarantined Employees
Fischer Behar Chen Well Orion & Co., July 2020

In March, due to the spread of the coronavirus (COVID-19) the Ministry of Health established that an employee required to quarantine at home in accordance with Ministry of Health guidelines would automatically receive a sick leave certificate which could present to the employer and receive sick pay for the quarantine period...

The Department of Labor and Center for Disease Control Issue New Guidance Related to COVID-19
Dinsmore & Shohl LLP, July 2020

As workplaces continue to reopen, the U.S. Department of Labor (DOL) and Centers for Disease Control and Prevention (CDC) issued additional guidance addressing various return to work issues and leave under the Family and Medical Leave Act (FMLA) and Families First Coronavirus Response Act (FFCRA). The new DOL guidance, summarized below, appears on the DOL’s FFCRA Questions and Answers page...

Five Priorities for Enhancing Risk Culture in a COVID-19 World
MinterEllison, July 2020

As organisations start planning their post COVID-19 workforce arrangements, leaders need to consider how these new and amended work practices will help or hinder their efforts to strengthen their risk culture. While having a distributed workforce increases some challenges to improving risk culture, it also provides opportunities which need to be embraced. It is becoming increasingly clear that the post COVID-19 workplace will be very different to what it was before the pandemic...

Wrongful Termination in Good Faith - Reconciling the Authorities in the Context of Force Majeure
Haynes and Boone, LLP, July 2020

In the rush to seek relief under force majeure clauses following the devastating impact of the Covid-19 pandemic, it is likely that some claims were made incorrectly, albeit in good faith.  Particularly in circumstances where force majeure relief is linked to a purported termination, the party seeking to terminate needs to comply with any contractual requirements and ensure that the event relied upon is capable of being caught by the force majeure clause...

Addressing the Privacy Challenges with Workplace COVID-19 Screening
Lawson Lundell LLP, July 2020

As we have outlined in Part 1 and Part 2 of our blog series, ‘Returning the Workplace to Safe Operation’, employers have a duty to reduce the risk of COVID-19 in the workplace as much as reasonably practical. Consequently, employers may determine it is appropriate to conduct certain active screening, such as questionnaires, temperature screening, and testing...

Industrial Court Rules LIFO is Not Applicable to a Retrenchment Involving Skilled Employees
Shearn Delamore & Co., July 2020

In two recent Awards of the Industrial Court involving the retrenchment of 7 Claimants, Mizman Bin Ngadinan & Others v City Facilities Management Sdn Bhd (Award 989 of 2020) and Roslan Bin Mohd Tahir & Others v City Facilities Management Sdn Bhd (Award 990 of 2020), the Industrial Court found that the LIFO principle was inapplicable where the selection criteria and process adopted by the Company involving specialised skills sets and the competency of the employees was upheld...

COVID-19: Exceptional Cases in which Population and Immigration Authority will Allow Foreigners to Enter Israel
Fischer Behar Chen Well Orion & Co., July 2020

Due to the COVID-19 outbreak, as of March 2020, Israel prohibited foreign nationals from any country from entering its borders, including citizens who held any kind of visa. Only foreign residents who could prove that their 'life centre' was in Israel could enter the country. In June 2020 the Population and Immigration Authority published a list of exceptional cases in which it will allow foreigners into the country...

In Case You have Nothing Else to Do, the DOL has Changed Their Approved FMLA Paperwork (but It's Not that Big of a Deal)
Spilman Thomas & Battle, PLLC, July 2020

While most employers and HR departments still are addressing issues related to the COVID-19 pandemic, the U.S. Department of Labor ("DOL") issued new standard forms for handling Family and Medical Leave Act ("FMLA") claims. Specifically, there are new forms for FMLA notice of eligibility, designation notice, and medical certification for employees to use. At first glance, the new forms look quite different than their predecessors, but there are no major changes...

Planning Layoffs? Don’t Overlook These 2 Key Laws
Bradley Arant Boult Cummings LLP, July 2020

In this unprecedented COVID-19 world, employers may need to consider layoffs, furloughs, or even closures to get through to the other side (whenever that comes). If you have done all you can to weather the government-mandated shutdowns and now have to consider letting people go, you are not alone...

Virginia Becomes First State to Enact COVID-19 Occupational Safety Requirements
Waller, July 2020

Virginia is now the first state in the nation to enact mandatory occupational safety standards regarding COVID-19. The Virginia Department of Labor and Industry’s health and safety board voted 9-2 on July 15 to adopt an “Emergency Temporary Standard” which requires employers to implement measures to protect employees from COVID-19...

Reflections on the Supreme Court — Past and Present
Waller, July 2020

When I became a judicial law clerk right out of law school, my boss, a federal judge in Houston, Texas, explained to me that the goal of his job (and therefore mine) was to find the right answer and do the right thing. That was, in a sense, easy enough. Research the law, and figure out how it applies to the particular facts of each case — because following the law is the right thing to do. Of course, judges will disagree about how the law should apply...

China Effectively Strengthens Fight Against Malicious Trade Marks
Han Kun Law Offices, July 2020

A focus for Chinese trademark law and practice in recent years has been strengthening the fight against malicious trademarks...

Virginia is the First State in the Nation to Approve COVID-19 Workplace Safety Standards
Spilman Thomas & Battle, PLLC, July 2020

Yesterday, Virginia approved temporary emergency workplace safety standards related to COVID-19, making it the first state in the nation to do so. While final language has yet to be approved, the standards are expected to go into effect in late July and will remain in effect for six months unless extended pursuant to state law. A current draft of the regulations is available here...

Importance of Conducting a Well-Executed Domestic Inquiry
Shearn Delamore & Co., July 2020

Introduction In the recent Industrial Court Award between Malaysia Airports Sdn Bhd and Suhaimi bin Mohammad Haniff [Industrial Court Award 895 of 2020], the Industrial Court had underlined the significance of a well-executed Domestic Inquiry where the evidence of a witness during a domestic inquiry was given sufficient weight in adjudicating the matter.  Brief material facts  In the present matter, the Claimant was dismissed for assisting his colleague, Ms...

Mandatory Mask Requirements in Michigan—Executive Order No. 2020-147
Dykema, July 2020

Executive Order No. 2020-147 sets forth new face covering requirements for all individuals in Michigan as well as new requirements for any business open to the public. When is face covering required under Executive Order No...

U.S. Department of Labor Proposes New (Simpler) Fiduciary Rule Exemption
Lowenstein Sandler LLP, July 2020

What You Need To Know: The Proposed Exemption reaffirms the long-standing five-part test used prior to the vacated fiduciary rule to determine whether an investment adviser is a fiduciary for purposes of ERISA and the Internal Revenue Code (Code)...

 

 

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