Beltway Buzz, August 7, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.
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The ‘Restoring Balance in Alberta’s Workplaces Act’: Bill 32 Proposes Key Changes to Labour and Employment Legislation
On July 7, 2020, the Government of Alberta proposed important changes for workplaces through Bill 32, the Restoring Balance in Alberta’s Workplaces Act, 2020 (Bill 32). The stated purpose of Bill 32 is to increase investment in Alberta’s workforce and to reduce the administrative burden for employers. On July 29, 2020, Bill 32 received Royal Assent.
New York Federal Court Says DOL ‘Jumped the Rail’ When It Issued FFCRA Regulations
On August 3, 2020, the United States District Court for the Southern District of New York upended several employer-friendly limitations in the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the court struck down the DOL’s regulations regarding: (1) the requirement that employers actually have work available for employees in order to be eligible for leave; (2) the broad definition of “health care provider” under the final rule; (3) the requirement that employees obtain employer approval for intermittent leave; and (4) the requirement that employees provide documentation prior to taking FFCRA leave.
OFCCP’s Veterans’ Focused Reviews are Here, Along With Resources for Covered Contractors
In August 2018, the Office of Federal Contract Compliance Programs (OFCCP) informed the contractor community of its intent to conduct compliance reviews focused solely on the Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA) regulations. Since Directive 2018-04 was published, OFCCP released its 2019 Corporate Scheduling Announcement Letter (CSAL) supplement, which identified 500 contractor establishment locations for future VEVRAA focused reviews.
CDC Issues COVID-19 Communication Plan for Critical Infrastructure Employers
On August 4, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued a communication plan titled “COVID-19 Communication Plan for Select Non-healthcare Critical Infrastructure Employers.” The purpose of the plan is to outline actions certain critical infrastructure employers may consider to disseminate COVID-19 messages with employees more effectively.
COVID-19 Orders Upon Orders—What Does It All Mean for St. Louis County Businesses?
Since March 2020, St. Louis County Executive Dr. Sam Page, and the county’s acting director of the Department of Public Health (DPH), Dr. Emily Doucette, have issued more than 20 orders and “safe operating guidelines” regarding COVID-19. On July 29, 2020, with an effective date of July 31, 2020, the DPH issued its third amended public health order setting forth its current “Business and Individual Guidelines for Social Distancing and Re-Opening.” In some respects, this third amended order is a significant step backwards toward stricter requirements compared with the county’s original reopening guidelines.
Mexico’s COVID-19 Traffic Light Monitoring System: News for August 3–16, 2020
As part of Mexico’s national response to the COVID-19 pandemic, the federal government of Mexico has instituted a weekly traffic-light monitoring system with four criteria that each state must meet before proceeding to the next phase of the country’s reopening plan. Below is a map for the week of July 20, 2020, indicating the COVID-19 risk level in Mexico’s 32 states.
School’s Out for … Fall? Managing Employees’ Need to Care for Children When School Is Virtual
In March 2020, everyone thought we just need to occupy our children at home for a few weeks, maybe through spring break, and we would be fine. Then it was “just make it to summer.” Now summer is winding down and many kids are not going back to school full-time (at least not in person) any time soon. This creates tremendous challenges for families as well as employers.
Wisconsin Becomes a Hotbed for ERISA Class Action Claims
In recent months, Wisconsin federal courts have witnessed a dramatic increase in class litigation raising breach of fiduciary duty claims under the Employee Retirement Income Security Act of 1974 (ERISA). These claims target sponsoring employers and individuals who oversee plan investments and plan fees for employer-sponsored 401(k) plans.
USCIS Announces Fee Increases and Process Changes
On July 31, 2020, the U.S. Department of Homeland Security (DHS) announced a final rule that will adjust fees for specific immigration and naturalization benefit requests to “ensure U.S. Citizenship and Immigration Services [USCIS] recovers its costs of services.”
Upcoming Changes to the UK Immigration System: Further Details for Employers
On 13 July 2020, the UK Home Office published further details on the UK’s points-based system through a detailed policy statement regarding the changes to the UK immigration system due to come into effect from 1 January 2021, once freedom of movement with the European Union has ended. The document builds on the policy statement published in February 2020 and aims to provide “more detail to applicants, employers and educational institutions on the draft requirements and conditions underpinning the key immigration routes in the Points-Based System.”
FDIC Loosens Requirements for Employment With Financial Institutions
On July 24, 2020, the Federal Deposit Insurance Corporation (FDIC) released a final rule to revise and codify into the agency’s regulations the FDIC’s Statement of Policy (SOP) on Section 19 of the Federal Deposit Insurance Act. Section 19 generally prohibits any person from participating in banking who has been convicted of a crime “involving dishonesty, breach of trust, or money laundering, or who has agreed to enter into a pretrial diversion or similar program in connection with a prosecution for any such offense,” without first obtaining written consent from the FDIC. The SOP provides guidance relating to Section 19 and the FDIC’s application of the statute.
Wisconsin Masks Up: Governor Evers Issues Statewide Face Covering Order
On July 30, 2020, Wisconsin joined 31 other states—including Alabama, California, and Pennsylvania—with a statewide face covering order. Governor Tony Evers issued Emergency Order #1, requiring all individuals in Wisconsin over the age of five and medically able to do so to don cloth face coverings (not including face shields or mesh coverings) any time they are “indoors or in an enclosed space, other than a private residence,” and in the presence of others outside their households.
San Francisco Issues Order Requiring Face Coverings in Public and in Workplaces
On July 22, 2020, Health Officer Tomás J. Aragón of the City and County of San Francisco issued Public Health Emergency Order No. C19-12c, entitled, “Order of the Health Officer of the City and County of San Francisco Generally Requiring Members of the Public and Workers to Wear Face Coverings.”
NLRB’s New Decision Cuts Ties Between Abusive Conduct in the Workplace and Protected Conduct
On July 21, 2020, the National Labor Relations Board issued its decision in General Motors LLC, 369 NLRB No. 127 (2020), overruling decades of precedent granting employees considerable freedom to engage in abusive or offensive conduct in connection with union or other protected concerted activity.
20 Tips for U.S. Virgin Islands Employers in 2020: Accommodating Disabled or High-Risk Employees During the COVID-19 Pandemic
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part nine of this series addresses the laws relevant to accommodating disabled or high-risk employees in the workplace.
ICE Issues Updated Guidance and Restricts Online Options for New Students for Fall 2020 Semester
On July 24, 2020, U.S. Immigration and Customs Enforcement’s (ICE) Student and Exchange Visitor Program (SEVP) issued updated guidance for international students pursing education programs in the United States. The follow-up guidance states that active students in F-1 and M-1 status, as well as schools certified by SEVP, should abide by SEVP guidance originally issued in March 2020, enabling schools and students to engage in distance learning in excess of regulatory limits during the COVID-19 public health emergency.
Louisiana Enacts Reforms During the COVID-19 Pandemic: Limits on Liability, Damages, and Changes to Evidentiary Rules
Louisiana Governor John Bel Edwards recently signed into law Act 336 of the 2020 Regular Session, which was filed in the Louisiana State Legislature as House Bill 826. The new act limits the liability to which Louisiana businesses and employers could be exposed due to the ongoing COVID-19 public health emergency. Specifically, the law creates two statutes—La. Rev. Stat. § 9:2800.25 and La. Rev. Stat. § 29:773—that limit the potential liability of businesses and employers operating in Louisiana for COVID-19 contractions and related injuries.
DHS Limits Scope of DACA—No New Applications, Restrictions on Advance Parole, Shortened Renewals
On July 28, 2020, only six weeks after the Supreme Court of the United States blocked the U.S. Department of Homeland Security’s (DHS) attempt to end the Deferred Action for Childhood Arrivals (DACA) program, DHS issued a memorandum announcing plans to limit the scope of the DACA program, pending a comprehensive program review by the Trump administration.
Virginia Enacts Pregnancy Antidiscrimination Law Imposing Mandatory Requirements on Employers
The labor and employment law revolution in the Commonwealth of Virginia has provided robust protection against unlawful discrimination as well as a comprehensive enforcement scheme. As part of that revolution, the state enacted Senate Bill 712, which amended the Virginia Human Rights Act (VHRA) to require a covered employer to provide reasonable accommodation for the known limitations of an employee related to pregnancy, childbirth, or related medical conditions, unless such an accommodation would impose an undue hardship on the employer.
The Ogletree OFCCP Bulletin: July 2020
Here are the latest developments from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP).
Now You See Them, Now You Don’t: OSHA Removes Recently Published FAQs on Reporting Hospitalizations and Fatalities Due to COVID-19
The U.S. Occupational Safety and Health Administration (OSHA) has withdrawn from its website—without public explanation—a controversial interpretation of its requirement to report in-patient hospitalizations of employees who contracted work-related cases of COVID-19.
Mexico’s COVID-19 Traffic Light Monitoring System: News for the Week of July 27, 2020
As part of Mexico’s national response to the COVID-19 pandemic, the federal government of Mexico has instituted a weekly traffic-light monitoring system with four criteria that each state must meet before proceeding to the next phase of the country’s reopening plan. Below is a map for the week of July 20, 2020, indicating the COVID-19 risk level in Mexico’s 32 states.
20 Tips for U.S. Virgin Islands Employers in 2020: Addressing COVID-19 Concerns When Employees Return From Vacation
Conducting business in the U.S. Virgin Islands poses unique challenges not often encountered in the states, but also unique opportunities. This 20-part series offers tips for doing business in the U.S. Virgin Islands, covering a broad array of topics affecting employers. Part eight of this series addresses COVID-19 concerns that may arise when employees return to work from vacation.
California Releases ‘COVID-19 Employer Playbook for a Safe Reopening’
On July 24, 2020, the State of California released its “COVID-19 Employer Playbook for a Safe Reopening.” According to the playbook, its purpose is to help employers “plan and prepare for reopening their business[es] and to support a safe, clean environment for workers and customers.” The Employer Playbook’s table of contents lists four major areas that the playbook addresses: (1) steps employers can take to open safely; (2) what to do if a COVID-19 case occurs in the workplace; (3) enforcement and compliance; and (4) worker education. In addition, the playbook includes three appendixes consisting of employer and worker resources, enforcement and compliance contacts, and case studies illustrating the playbook’s principles.
California Issues Employer COVID-19 Playbook Guidance for Enforcing Mask Requirements
The State of California and many California counties mandate the use of face coverings in the workplace and elsewhere. California considers the issue important enough to include a section entitled “Guidance for Employers and Workers in Enforcing Mask Requirements” in its “COVID-19 Employer Playbook for a Safe Reopening,” newly released on July 24, 2020.
Out in Public in Pennsylvania? Face Coverings Required!
On July 1, 2020, Pennsylvania Secretary of Health Dr. Rachel Levine signed an order expanding face covering–wearing requirements in Pennsylvania. Under the order, face coverings must now be worn almost any time an individual leaves home, including in most outdoor settings.
Illinois Department of Human Rights Publishes FAQs on Workplace Transparency Act Reporting Mandate
Our September 10, 2019, article on the Illinois Workplace Transparency Act (IWTA) focused on various provisions of the expansive legislation signed into law by Governor J. B. Pritzker on August 9, 2019. Though most provisions of the IWTA took effect on January 1, 2020, some were only recently activated. Among the most significant are new reporting requirements for Illinois employers.
Virginia Issues COVID-19 Emergency Temporary Standard
On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board approved an Emergency Temporary Standard for COVID-19 to be enforced by the Virginia Occupational Safety and Health program (VOSH). Virginia is the first state to adopt a specific standard intended to protect workers and “to control, prevent, and mitigate the spread of [COVID-19]” in the workplace.
Beltway Buzz, July 24, 2020
The Beltway Buzz is a weekly update summarizing labor and employment news from inside the Beltway and clarifying how what’s happening in Washington, D.C. could impact your business.