Management Update

Volume 9, Issue 4

May 2020

Does The FLSA “Emergency” Exception Apply To You?

Many businesses have been in an “all hands on deck” mode for several weeks now.. Employees are being asked to do whatever is necessary to keep our businesses running. Some workers are being asked to perform duties outside the usual scope of their jobs and financial constraints are forcing some of us to change the way that we compensate our employees. Neither of these things poses a real problem when dealing with a non-exempt employee. However, if we require an exempt employee to perform “non-exempt” duties or if we significantly reduce or change the manner in which we pay an exempt employee, we run the risk of losing the exemption for that employee. The FLSA contains a seldom-used exception that can provide some partial protection right now. For the full article visit here.

EEOC and OSHA Regarding COVID-19

The Equal Employment Opportunity Commission (“EEOC”) and Occupational Safety and Health Administration (“OSHA”) both released updated guidance regarding COVID-19 and its effects on workplace practices. The EEOC has released guidance addressing how COVID-19 effects the Americans with Disabilities Act, the Rehabilitation Act, and other equal employment laws. OSHA’s guidance addresses an increase in discretion provided to employers regarding its efforts to protect employees, the recording of COVID-19 as a work-related illness, and the shortage of personal protective equipment across the country. For the full article visit here.

Department of Labor Regulations on the FFCRA: Summary

The Department of Labor (“DOL”) has issued regulations codifying the DOL’s prior guidance on the Families First Coronavirus Response Act, summaries of which can be found at our Firm’s Coronavirus Research Center, and providing additional clarifying regulations regarding the FFCRA’s implications for employees and employers. For the full article visit here.

Expansion of Unemployment Benefits in the CARES Act

The Coronavirus Aid, Relief, and Economic Security Act or the “CARES Act” was signed into law on March 27, 2020 and provides $2 trillion in funds available in response to the COVID-19 pandemic. Included in the CARES Act, the “Relief for Workers Affected by Coronavirus Act” provides an estimated $260 billion in enhanced and expanded unemployment insurance (UI) to workers because of the COVID-19 pandemic and the public response to it. For the full article visit here.

CARES Mid-Sized Business Loans; The Union Neutrality Trade-Off

While the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) provides important assistance to businesses throughout the United States, mostly through essential loan opportunities backed by government dollars, it carries a serious drawback for non-union mid-sized businesses. The CARES Act specifically addresses the development of a loan program for mid-sized businesses. However, in order to receive these loan opportunities developed under the CARES Act, mid-sized businesses are required to “remain neutral” regarding any union organizing during the term of the loan. This requirement makes non-union, mid-sized employers an open target for union organizing efforts, and so employers must use this time to create a program to proactively legally reduce the risk to union organizing by communicating to their employees why unions are not in the best interest for themselves, their careers, or their families. For the full article visit here.

Solving the Pay Puzzle: Wage and Hour Issues During the Coronavirus Pandemic

The novel coronavirus continues to cause frustration for employers whose workforces are being impacted by the rapid spread of the virus, leading to a sharp increase in medical leave and disability accommodation requests, necessary employee layoffs, and a host of other legal issues. As businesses enter into the fray of personnel issues resulting from COVID-19, there are several steps that should be taken and issues that should be noted at the outset to place you in the best position to avoid unnecessary wage-and-hour liability. For the full article visit here.