Category: Employment and Labor Law
Important Caregiver Leave Law Update
This is an update to the email blast we provided last week reminding employers that Maine’s Employment Leave for Caregivers and Persons Affected by Extreme Public Health Emergency law will likely apply to pandemic related issues. One question that came from that is whether and how that law applies to parents whose children are either …
Breaking News: DOL Releases new FAQ’s Addressing FFCRA Leave for Remote Schooling
Yesterday, the federal DOL released three separate FAQ’s addressing the issue of FFCRA’s application to remote learning situations. This is an area that had been lacking clarity so the new FAQ’s are particularly welcome and timely, given the impending start of school. We know that the FFCRA applies to eligible employees where a child’s school …
Employers Must Remember to Consider all Potential Protected Leave for COVID-related Issues
A lot of information has been circulating about leave for parents who are struggling with the return to work issues in light of the COVID-related school and child care situations. Most of the focus has been on FFCRA rights. However, employers must remember that there is an additional State law that may come into play …
CDC Issues Guidance on Dealing with Workplace Violence Associated with COVID-19
The CDC issued guidance on August 24, 2020, specific to handling violent situations in retail, services, and other customer-based business settings. The stated purpose of the guidance is to “offer strategies to limit violence towards workers that may occur when businesses put in place policies and practices to help minimize the spread of COVID-19 among …
Several Significant DOL Regulations Interpreting the FFCRA are Held Invalid by NY Court
Within the last few days, there has been a major development as to the DOL’s regulations interpreting the FFCRA. Its overall implications remain unclear, as I note at the end here, but you should be aware of it. A federal district court in New York has ruled that several of the Department of Labor’s regulations interpreting …
OSHA Revises COVID Reporting Requirements
OSHA has issued an updated FAQ that changes the requirement for reporting a hospitalization due to contraction of COVID at work. The prior instruction from OSHA was that under §1904.39(b)(6), employers are required to report an inpatient hospitalization only if the hospital admission “occurs within twenty-four (24) hours of the work-related incident.” This has been interpreted …
New Executive Order Requires Immediate Attention by Covered Entities
On July 8, 2020, the Governor issued the expected Executive Order regarding changes to the enforcement of face coverings. The Order applies to retail stores with over 50,000 square 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, …
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
Updated on 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 …
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 …