We just got a call from a client who was notified by the state of a claim for unemployment benefits for one of their employees. Actually, their CEO. Who is still employed. And who therefore had not filed a claim for benefits. Unfortunately, they were the victims of a scam involving fraudulent unemployment benefits claims.

Continue Reading No, Your CEO Did Not Really File For Unemployment Benefits

As offices and other workplaces reopen, employers are struggling with the issue of masks and face coverings in the workplace. There has been much confusion about whether and when cloth face coverings are required, and what are an employer’s obligations with regard to their use.

Continue Reading Masks/Face Coverings in the Workplace Uncovered! What Can Employers Require?

Several federal agencies have recently issued additional COVID-19 guidance of interest to employers, including the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), and the Small Business Administration (SBA). We summarize these developments below.

Continue Reading COVID-19 Agency Update: OSHA Issues Guidance on Reopening for Non-Essential Businesses; EEOC Addresses Antibody Testing and Reasonable Accommodations, Harassment and Discrimination; SBA Provides New PPP Application

The killing of George Floyd, an African American, at the hands of a white Minneapolis police officer, was a tragic moment in our country’s history.  It has sparked weeks of public protests in cities and states across the U.S.  Individuals have gone to the streets to voice their concerns about the issues of racial injustice in American society.  While police brutality may be at the forefront, the movement is aimed at shedding light on all areas of racial inequality.  Many high-profile figures, from politicians to stars to professional athletes, have been vocal about their condemnation of racial bias.  They have further indicated in no uncertain terms that any individual, company, or organization that remains silent on issues of racial inequality is in fact complacent and part of the problem.

Continue Reading The Important Role Employers Play in Addressing Racism in Light of the George Floyd Tragedy

As the United States still struggles with testing capacity for active COVID-19 infections, employers are increasingly asking “may we require our employees be tested for the presence of COVID-19 antibodies?” This is particularly true following the Equal Employment Opportunity Commission’s position that employers were permitted to test for the presence of active COVID-19 infection, set forth in its What You Should Know About COVID-19 resource (Q&A 6).

Continue Reading COVID-19 Antibody Testing:  Useful Screening Tool or Impermissible Medical Examination?

Without fanfare on May 27, 2020, the Centers for Disease Control and Prevention (CDC) issued guidance for employers of office workers (as well as updated guidance for restaurants and bars). This is the first guidance that is targeted at white collar workers, with the message that employers will need to “[c]hange the way people work.”

Continue Reading CDC Issues Reopening Guidance for Offices – “Change the way people work”

In the COVID-19 recession, many employers made reductions in force en masse, thus avoiding selection decisions that might be challenged as discriminatory.  If the same employers recall or rehire employees en masse, they will continue to avoid such decisions.  But what if the employer’s need to recall or rehire is partial or gradual, such that some employees are brought back before others?  Such choices can give rise discrimination claims.  To protect itself, an employer will need to apply and document a non-discriminatory method of choosing among employees.

Continue Reading Selecting Employees for Recall or Rehire

Apparently inspired by the tidying up trend, the Department of Labor threw out two sections of its interpretation concerning the commission sales exemption from overtime that no longer gave it joy.  The commission sales exemption covers sales employees who are primarily paid by commission.  To come under the exemption, the employee must be employed in a “retail or service” establishment, must earn at least 1.5 times the minimum wage, and more than half the employee’s compensation for a representative period (not less than one month) must represent commissions.

Continue Reading DOL Streamlines Its Regulation Interpreting Commission Sales Exemption from Overtime

Various federal agencies have recently issued additional COVID-19 guidance of significance (more or less) to employers, including the Centers for Disease Control and Prevention (CDC), the Occupational Safety and Health Administration (OSHA), the Equal Employment Opportunity Commission (EEOC), the Internal Revenue Service (IRS), the Department of Labor (DOL), and the Federal Emergency Management Administration (FEMA). Some of this guidance applies to workplaces and employers generally, while others target specific industries, such as bars and restaurants, manufacturing, child care, schools, and mass transit. We summarize these developments below.

Continue Reading COVID-19 Agency Update: CDC and OSHA Issue Reopening Guidance, EEOC Explains Accommodation of High-Risk Workers, IRS Expands Employee Retention Credit, DOL Adds to FFCRA Q&As, FEMA Provides Exercise Starter Kit for Reopening

As businesses slowly begin to reopen, workers are being recalled to the workplace. Some of them are expressing reluctance to return due to increased health risks from COVID-19 based on underlying medical conditions or age. Others are struggling with child care issues as schools remain closed for the remainder of the academic year and summer care programs are canceled. Some employers have asked what are their obligations to such workers under the law? Can they terminate them, or do they have to accommodate them?

Continue Reading Recalled Workers Don’t Want to Return Because of Health Risks or Child Care – Now What?