On March 26, 2020, the Department of Labor updated its Families First Coronavirus Response Act: Questions and Answers to provide more guidance about the paid sick leave and expanded Family and Medical Leave Act (FMLA) requirements under the Families First Coronavirus Response Act (FFCRA). The DOL addressed a number of open issues of significant interest to employers. Additionally, as we mentioned in our March 26, 2020 E-lert, the DOL released the mandatory notice, and it has now followed up with guidance on its posting and distribution.

Continue Reading DOL Answers More Burning Questions and Provides a Poster About Families First Coronavirus Response Act

The Department of Labor has issued several resources on the Families First Coronavirus Response Act: a fact sheet for employers, a fact sheet for employees and a Questions and Answers resource. In particular, the last of these resources answers many, although certainly not all, of the multitude of questions that have arisen in the wake of the enactment of the FFCRA and its paid sick leave and expanded Family and Medical Leave Act requirements, which we discussed in our March 19, 2020 E-Lert.

Continue Reading DOL Provides Guidance on the Families First Coronavirus Response Act

As Maryland businesses know, Governor Hogan signed an Executive Order closing all non-essential businesses to the general public at 5 p.m. Monday, March 23, 2020. His office has since provided three separate Interpretive Guidance memos, listing the types of businesses deemed essential. The latest Guidance also provides further information regarding what actions non-essential businesses can continue to engage in, as well as how to determine whether a business is essential or not.

Continue Reading Is Your Business “Essential”? More Guidance From Governor Hogan’s Office

As the COVID-19 pandemic continues to worsen, the Equal Employment Opportunity Commission has declared it a “direct threat,” thereby loosening the restrictions on employee medical testing and inquiries under the Americans with Disabilities Act. It has updated its 2009 pandemic guidance and its “What You Should Know About the ADA, the Rehabilitation Act, and COVID-19” resource accordingly.

Continue Reading EEOC Declares COVID-19 a “Direct Threat,” Updates 2009 Pandemic Guidance

On Wednesday, March 18, 2020, President Trump signed the Families First Coronavirus Response Act into law. This law makes sweeping changes to an employer’s legal obligations: (1) imposing a paid sick and safe leave (“PSL”) mandate for COVID-19-related reasons on most employers with fewer than 500 employees; (2) temporarily expanding coverage for school and child care closures associated with COVID-19 and imposing a paid leave requirement under the Family and Medical Leave Act (“FMLA”) on these same employers; (3) encouraging states to extend unemployment benefits for reasons associated with COVID-19; and (4) giving a payroll tax credit to employers for the paid sick leave and paid family and medical leave mandates.

While we had previously provided a summary of the Act as it was originally passed by the House, and then another on the House’s substantive “technical amendments” to the Act, we are now summarizing the final law here.


Continue Reading The Families First Coronavirus Response Act Has Been Signed Into Law– What This Means for Employers

In a rare show of bipartisanship, the U.S. House of Representatives has passed legislation providing a wide scope of benefits and rights to individuals impacted by the COVID-19 national emergency. This legislation makes sweeping changes to an employer’s legal obligations: (1) imposing a general paid sick and safe leave mandate on all employers, with additional time for public health emergencies; (2) temporarily and vastly expanding coverage and imposing a paid leave requirement under the Family and Medical Leave Act for reasons associated with COVID-19; (3) making unemployment benefits available for reasons associated with COVID-19; and (4) giving a tax credit for paid sick and paid family and medical leave. Given that President Trump has already tweeted his support for the bill and the Senate is expected to follow suit, it is likely to be enacted in the coming days and would need to be immediately implemented by employers.

Continue Reading What The “Families First Coronavirus Response Act” Means To Employers

The Equal Employment Opportunity Commission has now directly addressed the coronavirus (COVID-19) outbreak by issuing “What You Should Know About the ADA, the Rehabilitation Act and the Coronavirus.” In this release, the EEOC noted that the rules under the Americans with Disabilities Act and the Rehabilitation Act (the counterpart to the ADA for federal employees and contractors) still apply, but do not interfere with workplace guidance from the Centers for Disease Control (CDC) (which we discussed in detail in our February 2020 Top Tip).

Continue Reading The EEOC Weighs in on COVID-19

The National Labor Relations Board (“NLRB” or the “Board”) announced a Final Rule on joint-employer status under the National Labor Relations Act that retreats from the broad expansion of the joint employment principle in recent years and returns to its prior, more restrictive standard, which it describes as “carefully balanced.” This Rule will take effect on April 27, 2020.

Continue Reading NLRB Issues Final Joint Employer Rule, Making Such Findings Less Likely

And with that obvious (and rather snarky) statement, the U.S. Court of Appeals for the Fifth Circuit made the obvious point that an employee who was asleep or unconscious on the job was unable to perform the essential functions of his job and therefore not qualified for the position under the Americans with Disabilities Act! Now, as my regular readers know, I enjoy a good snark and my blog posts about various court decisions often contain snide comments. But in this case, the (usually quite proper) Fifth Circuit took care of that all on its own…

Continue Reading “[M]aintaining consciousness is a basic element of any job.”