Tag Archives: employment law

Chicago City Council Passes Two COVID-19 Employee Protection Ordinances

On May 20, 2020, Chicago City Council passed two ordinances intended to respond to the COVID-19 pandemic: a COVID-19 anti-retaliation ordinance and an amendment to the Chicago Fair Workweek Ordinance, which provides employers with a six-month delay to the implementation of the private litigation rights provision of the ordinance.

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

CDC Issues ‘Decision Tree’ to Assist Employers with Reopening Decisions

On May 14, 2020, the Centers for Disease Control and Prevention (CDC) finally published guidance in the form of a one-page workplace decision tree. Although the document―entitled “Workplaces During the COVID-19 Pandemic”―provides high-level recommendations for employers to consider when reopening, it largely defers to state and local guidance and is a far cry from the substantially more detailed guidance documents that the CDC reportedly had been considering in recent weeks.

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

Considerations for Posting PERM Notice for Remote Workers After COVID-19

Rapid changes in remote work requirements and availability are playing havoc with the PERM process for employers (the process under which employers must conduct a test of the U.S. labor market as part of the green card process for their foreign national employees). Due to rising unemployment and availability of U.S. workers, increased audits and scrutiny  by the DOL are expected in the short and long term, making it imperative that employers have all of their I’s dotted and T’s crossed when completing the PERM steps.

To read the full text of this post by Duane Morris attorney Susanne Heubel, please visit the Duane Morris Immigration Law Blog.

Employment Law and COVID-19: Things to Watch

The City of Chicago City Council committee with responsibility for employer-related issues has advanced two separate ordinances intended to respond to the COVID-19 pandemic.  The full City Council is expected to vote on both of these proposed ordinances on May 20, 2020.  Watch for our follow up report after the City Council vote for further developments and additional compliance tips. Continue reading Employment Law and COVID-19: Things to Watch

EEOC Revisits – and Revises – COVID-19 Return to Work Guidance on Accommodating Employees with Underlying Medical Conditions

The Equal Employment Opportunity Commission continues to update its guidance regarding the interplay between COVID-19, the Americans with Disabilities Act and other EEO laws. Divided into seven sections, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws addresses employers’ frequently asked questions on disability-related inquiries and medical exams, hiring and onboarding, reasonable accommodations and returning to work in light of the COVID-19 pandemic.

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

 

California Executive Order Presumes Employees Who Contract COVID-19 Are Eligible for Workers’ Compensation Benefits

By Brooke B. Tabshouri

On May 6, 2020, Governor Gavin Newsom issued Executive Order No. N-62-20. The order states that employees will be presumed to have contracted COVID-19 in the course and scope of employment for purposes of workers’ compensation benefits if all of the following conditions are satisfied:

  • The employee contracts it within 14 days of performing labor at the employer’s direction and at the employer’s worksite;
  • If such work occurred on or after March 19, 2020;
  • The worksite was not the employee’s home; and
  • The positive test is confirmed by a physician within 30 days.

Continue reading California Executive Order Presumes Employees Who Contract COVID-19 Are Eligible for Workers’ Compensation Benefits

How to Respond to Employee Refusal To Return To Work in Face of COVID-19 in UK

The effects of the Coronavirus pandemic on the workplace continue.  It is undeniable that the potential litigation arising out of COVID-19 will be far-reaching and there will be several areas that employers need to consider now and when the return to work phase commences in earnest.

In a matter of months the Coronavirus pandemic has not only changed the way millions of employees work but also the way they may now view the workplace, particularly how safe they feel within their workplace.

To read the full text of this post by Duane Morris partner Nic Hart, please visit the Duane Morris London Blog.

EEOC: Employers Can Screen for COVID-19

The Equal Employment Opportunity Commission (EEOC) updated its guidance on April 23 on the Americans with Disabilities Act (ADA) and coronavirus, explaining that employers may screen employees for COVID-19. Any mandatory medical test must be job-related and consistent with business necessity, the EEOC explained. […]

Questions about testing are “increasingly on the minds of employers,” said Christopher Durham, an attorney with Duane Morris in Philadelphia. […]

In an April 17 update to the same guidance, the EEOC clarified what constitutes an undue hardship preventing an employer from reasonably accommodating an individual with a disability in a pandemic. The agency stated that “it may be significantly more difficult in this pandemic to conduct a needs assessment or to acquire certain items, and delivery may be impacted, particularly for employees who may be telecommuting.” […]

The factors impacting what constitutes an undue hardship are going to be motivated by a vastly different operational and financial reality for some businesses than was the case prior to the pandemic, said Linda Hollinshead, an attorney with Duane Morris in Philadelphia.

To read the full text of the article, including further commentary by Mr. Durham and Ms. Hollinshead, please visit the SHRM website.

COVID19 Planning – Ramping Up vs. Flipping a Switch: Getting Back to Business as Usual?

Duane Morris will host a webinar, “COVID19 Planning – Ramping Up vs. Flipping a Switch: Getting Back to Business as Usual?,” to be held on Tuesday, April 28, 2020 at 1:00 p.m. Eastern time. Duane Morris attorneys Meagan E. Garland, Teodora D. Purcell and Brooke B. Tabshouri will be the speakers. For more information and a link to register, please visit the firm website.