Tag Archives: employment law

USDOL Amends Temporary Regulations; Healthcare Employers Who Have Excluded Employees from COVID-related Leave Benefits under FFCRA Must Reconsider

The United States Department of Labor’s (DOL) initial temporary regulations that interpreted and implemented the Families First Coronavirus Response Act (FFCRA) permitted employers to elect to exclude healthcare provider employees from eligibility for the COVID-related leave benefits made available under FFCRA. The initial DOL regulations provided a broad definition of healthcare provider, allowing most employees working for a healthcare provider employer to be excluded from FFCRA leave benefits, including Paid Sick Leave (PSL) and Extended Family and Medical Leave (EFMLA). After a federal district court decision struck down parts of the DOL’s prior final rule, the DOL now has issued revised regulations, which became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

To read the full text of this post by Duane Morris attorneys Jennifer Long and Nicholas J. Lynn, please visit the Duane Morris Health Law Blog.

New Workers’ Compensation Rules for COVID-19 in California

In what could be a sign of things to come across the country, a new workers’ compensation insurance law recently took effect in California that may make it easier for employees to obtain workers’ compensation insurance benefits if they become ill from COVID-19.

To read the full text of this Duane Morris Alert, please visit the firm website.

Department of Labor’s Temporary Rule Revises FFCRA Regulations in Response to Federal Court Decision

On September 11, 2020, the United States Department of Labor (DOL) issued revised regulations for the Families First Coronavirus Response Act (FFCRA) after a New York federal district court decision struck down parts of the DOL’s prior final rule interpreting and implementing the FFCRA. The revised regulations became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

Philadelphia to Expand Emergency Sick Leave Benefits to More Workers

On September 10, 2020, the Philadelphia City Council voted 16-1 in favor of a bill that expands paid sick leave benefits to Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA). The bill will broaden the scope of Philadelphia’s Promoting Healthy Families and Workplaces sick leave law by providing paid “public health emergency leave” to more people who work within the geographic boundaries of the city, including individuals workings for companies with 500 or more employees, independent contractors and “gig economy” workers. Mayor Jim Kenney’s administration has indicated he supports the bill, and thus we expect he will sign it.

To read the full text of this Duane Morris Alert, please visit the firm website.

California’s Large Employers Are on the Hook for Supplemental Paid Sick Leave

Employers with workers in California, take note. A new supplemental paid sick leave law related to COVID-19 takes effect this month. On September 9, 2020, California Governor Gavin Newsom signed AB 1867 (now known as Labor Code section 248 and 248.1) into law. Beginning September 19, 2020, all employers with more than 500 employees or who are otherwise exempt from the requirement to provide paid leave under the Families First Coronavirus Recovery Act (FFCRA) are now required to provide up to 80 hours of supplemental paid sick leave to employees for COVID-related reasons.

To read the full text of this Duane Morris Alert, please visit the firm website.

California Announces New “Blueprint For A Safer Economy” That Includes Significant Changes to Reopening Guidance

By Brooke Tabshouri

After being the first state to shut down its whole economy in mid-March response to the COVID-19 crisis, California began reopening in May.  After attempting to do so on a statewide basis, reopening was primarily driven at the county level, with some counties permitted to reopen various parts of the economy before others.  The state then experienced a huge surge of cases shortly thereafter, leading to a reimposition of many restrictions, particularly with regard to bars and restaurants and indoor operations across a number of industries.  It created a monitoring list that tracked six key factors regarding reopening, including positive test rates, hospital and ICU capacity, number of available ventilators and personal protective equipment available for hospitals, and cases per 100,000 people.

To allow a continued reopening without an accompanying surge in cases, effective August 31, 2020, California has a new, phased reopening that applies statewide called the Blueprint for a Safer Economy. Continue reading California Announces New “Blueprint For A Safer Economy” That Includes Significant Changes to Reopening Guidance

Significant Changes to COVID-19 Leave Provisions After Court Vacates Some DOL Regulations Interpreting Paid Leave Under the FFCRA

Judge J. Paul Oetken of the Southern District of New York found the United States Department of Labor exceeded its authority when it limited eligibility to leave under the Families First Coronavirus Response Act. The decision affects employers in New York (unless the court issues a stay pending appeal) and vacates the definition of “health care provider” and provisions regarding leave eligibility if an employer does not have work for the employee, intermittent leave approval of the employer and providing leave documentation prior to taking FFCRA leave.

To read the full text of this Duane Morris Alert, please visit the firm website.

 

Travel Restrictions Are Back, but with State-by-State Twists

At the beginning of the COVID-19 pandemic, U.S. employers were asking employees to report if they had visited certain countries and, if the answer was yes, the employees were subject to at least a 14‑day quarantine. As the pandemic resurges after the U.S. effectively has gone green, travel-related quarantines are now back after visiting certain states within the U.S.

To read the full text of this Duane Morris Alert, please visit the firm website.

Paternalistic Employers, Beware: EEOC Addresses Employer Concerns for Workplace Safety via Mandated Accommodations

On June 11, 2020, the Equal Employment Opportunity Commission (EEOC) released additional Q&As in “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” As businesses reopen during the COVID-19 pandemic, employers continue to grapple with how to safely return employees to the workforce, particularly those employees with certain underlying conditions identified by the CDC, as well as pregnant employees and those over the age of 65.

To read the full text of this Duane Morris Alert, please visit the firm website.