Beltway Buzz, September 18, 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.
Blog
Families First Coronavirus Response Act: DOL Gets Back on the Rail
On September 11, 2020, the U.S. Department of Labor (DOL) partially ended the mystery of when and how it would respond to the August 3, 2020, decision from the United States District Court for the Southern District of New York in which the court—stating that the DOL had “jumped the rail”—struck down several provisions of the DOL’s final rule implementing the emergency family leave and paid sick leave provisions of the Families First Coronavirus Response Act (FFCRA).
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.
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.
Reopening Missouri: A Look at State and Local Recovery Plans
The “Show Me” state largely sheltered in place on April 6, 2020, when Governor Michael L. Parson and the Missouri Department of Health and Senior Services (DHSS) issued their initial “Stay Home Missouri” order. This came on the heels of Governor Parson’s March 13 Executive Order 20-02 declaring a state of emergency and followed other Missouri counties’ and cities’ own stay-at-home declarations.
City of St. Louis and St. Louis County Issue Stay Home Orders
On March 21, 2020, St. Louis County joined various other state and local municipalities, (including most recently, Illinois) in issuing orders for citizens to stay at home or “shelter in place” to contain and combat the spread of COVID-19.
Missouri Governor Greitens Signs Bill Amending MHRA, Bringing State Law More Into Line With Federal Law
On June 30, 2017, Governor Greitens signed a bill which makes sweeping reforms to the Missouri Human Rights Act (MHRA). The MHRA is the state of Missouri’s primary anti-discrimination statute. The MHRA codifies for the state many of the federal anti-discrimination provisions found in the Americans with Disabilities Act, Age Discrimination in Employment Act, and Title VII of the Civil Rights Act of 1964.
The Missouri Human Rights Act—The Playing Field Has Been Leveled
The Missouri Human Rights Act (MHRA) is the state of Missouri’s primary anti-discrimination statute. The MHRA codifies for the state many of the federal anti-discrimination provisions found in the Americans with Disabilities Act, Age Discrimination in Employment Act, and Title VII of the Civil Rights Act of 1964. On May 8, 2017, the Missouri House of Representatives passed Senate Bill 43 (SB 43). The bill, which significantly modifies the MHRA and also codifies and limits workplace “whistleblower” liability, is now on the desk of newly-elected Governor Eric Greitens, who is expected to sign the legislation.
Attention—The DOL Has Made its FMLA Poster More “Reader Friendly”!
Generally, the Family and Medical Leave Act (FMLA) provides eligible employees of covered employers with up to 12 workweeks of unpaid leave for certain family and medical reasons, with continuation of group health insurance coverage for an employee under the same terms and conditions as if the employee had not taken leave. The law also provides certain family military leave entitlements. Employers generally are required to preserve the jobs of employees on FMLA leave and to restore those employees to their positions upon expiration of the FMLA leave.