Category: Employment and Labor Law
New Executive Order Requires Immediate Attention by Covered Entities
Yesterday July 8th, the Governor issued the expected Executive Order regarding changes to enforcement of face coverings. The Order applies to retail stores with over 50,000 sq feet of shopping space, eating establishments, bars, tasting rooms, and lodging operations and accommodations in certain areas of Maine (the Counties of Cumberland, Hancock, Knox, Lincoln, Sagadahoc, Waldo …
The US Supreme Court Rules that Discrimination Based on LGBT Status is Prohibited by Title VII
On June 15, the U.S. Supreme Court ruled that Title VII of the Civil Rights Act of 1964 prohibits employment discrimination against gay, lesbian or transgender employees based on sexual orientation or gender identity. Justice Neil M. Gorsuch, who authored the opinion, wrote that “we must decide whether an employer can fire someone simply for …
OSHA Issues New Guidance on Reporting COVID cases
May 21, 2020 We had previously reported on OSHA’s April 10, 2020 guidance on making a determination as to whether a COVID diagnosis was reportable. A new memorandum was issued on May 19, which provides an update to that interim guidance with respect to the recording of COVID-19 cases. This updated guidance takes effect as …
OSHA Issues New Recordkeeping Requirements for COVID Situations
April 13, 2020 Under OSHA’s general recordkeeping requirements, COVID-19 is a recordable illness and employers are responsible for recording cases of COVID-19, if the case: • Is confirmed as a COVID-19 illness; • Is work-related as defined by the regulations; and • Involves one or more of the general recording criteria in the regulations, such …
Coronavirus-Related Resources Available to Small Businesses
Since the coronavirus has become a pandemic, small businesses have been hit with mandatory closures and hefty safety measures to help “flatten the curve.” While this is an unprecedented time, this is certainly not a time to panic. Thanks to the stimulus package passed by the United States Congress, and the work completed by the …
Your Contractual Obligations in the Wake of COVID-19.
April 6, 2020 About a month ago, I would head to work in the morning where I’d be meeting clients at my office, introducing myself and shaking their hand. I might meet up with colleagues over lunch at a local eatery and spend an afternoon sitting side-by-side with my client in the courtroom. On my …
Interpretation of the DOL’s FFRCA and IRS Regulations: What Documentation is Required?
April 3, 2020 The DOL issued more regulations on April 1 providing additional interpretation of the FFRCA. One of the issues addressed was the notification employers can require for an employee requesting leave under either the additional paid sick leave or the expanded FMLA provisions. For both forms of leave, an employer may require employees …
Paycheck Protection Program (PPP) Summary
April 2, 2020 With many businesses struggling during the COVID19 pandemic, we wanted to highlight one of the major components of the CARES Act that was recently passed by the federal government; namely, the Paycheck Protection Program. This program is found in Title I – Keeping American Workers Paid and Employed Act, and it is …
COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
Issued by the IRS March 31, 2020 An Eligible Employer will substantiate eligibility for the sick leave or family leave credits if the employer receives a written request for such leave from the employee in which the employee provides: 1. The employee’s name; 2. The date or dates for which leave is requested; 3. A …
Guidance from DOL to Interpret FFCRA: Intermittent Leave
March 31, 2020 This is the second installment of reporting on the DOL’s Questions and Answers interpreting the FFCRA, which we are addressing in increments. The question for today is whether the FFCRA allows for intermittent leave time. As a preliminary matter, paid sick leave for qualifying reasons related to COVID-19 must be taken in …