Practical Advice for Employers Responding to COVID-19 Contact Tracers

In mid-April 2020, which in the age of COVID-19 feels like eons ago, President Trump announced his Opening Up America Again plan, designed to restart the U.S. economy by encouraging state and local governments to lift stay-at-home restrictions put in place to slow the spread of COVID-19. And many state and local governments followed the …read more »

EEOC and OSHA Answer Important Questions Regarding Workplace Reopenings

The EEOC continues to periodically update its technical assistance document entitled “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” with the latest updates made on June 17, 2020.  The same day, OSHA released its “Guidance on Returning to Work,” which makes new recommendations in addition to what …read more »

Employers May Now Offer Bonuses and Other Supplemental Pay Under the Fluctuating Workweek Method of Calculating Overtime Pay

Employers are required by the Fair Labor Standards Act (“FLSA”) to pay overtime for hours worked over forty (40) in a single week to non-exempt employees based on the employee’s “regular rate.” This general principle has led to both complicated and nuanced questions in application when non-exempt employees are paid on other than an hourly …read more »

Before Implementing a Layoff, Consider an Unemployment Workshare Program

As employers begin to plan for their employees’ return to work, many are unable to maintain the size of their workforces in light of the ongoing economic downturn. As they plan for layoffs or long-term furloughs, employers should also be aware of the possibility of an unemployment workshare program. The main difference between a layoff …read more »

As States Begin to Reopen, Employers Must Continue to Minimize Safety Risks

Texas, like many states, is allowing more businesses to reopen and at greater capacities as it moves into Phase II of its COVID-19 pandemic response plan. See Executive Order GA-23, available at https://gov.texas.gov/uploads/files/press/EO-GA-23_phase_two_expanding_opening_COVID-19.pdf. This is good news for business and the economy, but also presents several unique challenges as employers must continue to ensure the …read more »

Understand the WARN Act’s Oft-Misunderstood “Unforeseeable Business Circumstance” Defense and its Potential Applicability to Your Layoffs

As the novel Coronavirus, COVID-19, continues to impact employees and employers alike, employers must make difficult decisions to protect their businesses. The United States is facing what some predict to be the worst economic downturn since the Great Depression. Many employers are finding it necessary to reduce their workforce to stay afloat. The federal Worker …read more »

Confirm that Your FFCRA Leave Request Forms Align with DOL Regulations AND the IRS Guidance on Claiming Tax Credits for Leave

Since the passage of the Families First Coronavirus Response Act (“FFCRA”), there has been confusion regarding what “documentation” that employers can and should request from employees who qualify for FFCRA leave. Some of the confusion was addressed in the DOL’s regulations clarifying the documentation requirements. Under the regulations, for both emergency paid sick leave and …read more »

Zoom May Be Here to Stay, but Are You Ready to Produce the Recordings in Discovery?

Videoconferencing—through productivity tools like Zoom, Webex, and Microsoft Teams—has become part of the new normal. Matters that as recently as six weeks ago would have been handled by conference call are now routinely, in some cases almost exclusively, addressed in videoconferences. And while not every employee has embraced Zoom and its analogs, consensus among employers …read more »

Core Wage and Hour Issues Relating to COVID-19

As the COVID-19 pandemic sweeps across the nation, it brings not only consternation related to individual health but also a plethora of issues for employers. Although this is a highly dynamic situation changing daily as various governmental agencies issue and revise guidance and Congress passes additional legislation, this article endeavors to highlight several wage and …read more »