By Heather Sager, Brittany Sachs, Jill Ripke, and Lauren Kulpa

The U.S. Equal Employment Opportunity Commission (EEOC) issued new questions and updated its guidance on September 8, 2020, covering a range of topics including keeping employee medical information confidential while employees are working remotely, whether employers can ask employees who are

By Heather Sager, Brittany Sachs, Jill Ripke, Lauren Kulpa, Matthew Goldberg

In response to the COVID-19 pandemic, the U.S. Department of Labor (DOL) issued a Field Assistance Bulletin No. 2020-5 (Bulletin) in late August 2020 that addressed the subject of an employer’s obligation under the Fair Labor Standards Act (FLSA) to exercise reasonable diligence in tracking the hours of work for non-exempt employees working remotely. The Bulletin recognizes the need under the FLSA for employers to pay employees for all hours worked, including work performed at home. But it also recognizes that when non-exempt employees work remotely at locations not controlled by the employer that it may be difficult to define what an employer actually knows with regard to the time worked.
Continue Reading DOL Issues Guidance for Tracking Non-Exempt Remote Workers’ Time

By Heather Sager, Brittany Sachs, Jill Ripke, Lauren Kulpa, Matthew Goldberg

As California continues to navigate the quagmire of reopening the state amidst an unrelenting global pandemic, Governor Gavin Newsom unveiled a new “Blueprint for a Safer Economy” (Blueprint) to determine when businesses can and cannot open. The new metric employs a color system, where each county is assigned a color based upon “risk-based criteria.” Under the system, lower risk activities or sectors can open sooner and high-risk activities and sectors cannot open until later phases. The scheme is as follows:
Continue Reading California Unveils a New “Blueprint for a Safer Economy” to Manage the Pandemic

By Heather Sager, Brittany Sachs, Lauren Kulpa and Jill Ripke

On April 1, 2020, the United States Department of Labor (DOL) promulgated its Final Rule implementing the Families First Coronavirus Response Act (FFCRA). The FFCRA requires covered employers to offer emergency paid sick leave (EPSLA) and emergency family and medical leave (EFMLEA) to employees under various circumstances related to the COVID-19 pandemic, summarized in more detail here.

Since implementation, employers have scrambled to understand their obligations under the FFCRA and to provide the leave required under the new legislation. Shortly after the DOL issued its regulations, the State of New York filed a lawsuit in the Southern District of New York, State of New York v. United States Department of Labor, Case No. 20-CV-3020 (JPO), and simultaneously moved for summary judgment, attacking various requirements set forth in the regulations. On April 28, 2020, the DOL cross-moved for summary judgment and to dismiss for lack of standing.[1]

Continue Reading New York Federal Court Vacates Portions of the Department of Labor Regulations Regarding the Families First Coronavirus Response Act