DOL Workplace Posters: Same Requirements, Higher Consequences for Noncompliance

Most employers are familiar with the long-standing U.S. Department of Labor (DOL) requirement to post summaries of applicable federal labor and employment laws in the workplace. As a general matter, employers must place posters where they are conspicuous to or “clearly seen” by employees, often in the break room or employee cafeteria. Providing workers access to posters ensures they are informed of their rights under various employment and labor laws.

Supreme Court Provides Additional Guidance on FCRA Standing

On June 25, 2021, the Supreme Court of the United States issued a ruling that provides additional guidance related to the Fair Credit Reporting Act (FCRA), a federal law that regulates the collection of consumers’ credit information and access to their credit reports. In the employment context, the FCRA most frequently applies to background checks, including class actions alleging the most common background check claim—unlawful disclosure and authorization screens/forms (usually because of too much or too little information)—resulting in an informational injury.

South Carolina Governor Signs Liability Shield Legislation Into Law

As expected, on April 28, 2021, Governor Henry McMaster signed the “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) into law. The act, which provides protection from “coronavirus claims” to a broad class of covered entities and covered individuals, went into effect immediately and “appl[ies] to all civil and administrative causes of action that arise between March 13, 2020, and June 30, 2021, or [180] days after the final state of emergency is lifted for COVID-19 in [South Carolina], whichever is later, and that are based upon facts occurring during this time period.”

South Carolina Expected to Implement Liability Shield Law to Protect Businesses From Certain COVID-19–Related Claims

The “South Carolina COVID-19 Liability Immunity Act” (Senate Bill 147) is expected to reach Governor Henry McMaster’s desk early this week for his signature. Senate sponsors initially introduced the act on December 9, 2020, and it received final approval in the House of Representatives on April 23, 2021. Similar to its previously introduced predecessors, House Bill 5527 and Senate Bill 1259, the act provides liability protections against coronavirus-based claims for a limited time period for businesses that follow public health guidance in response to the coronavirus public health emergency.

New Jersey Enacts COVID-19 Workers’ Compensation Presumption Bill for Essential Workers

On September 14, 2020, New Jersey Governor Phil Murphy signed Senate Bill (SB) 2380 into law. SB 2380 creates a rebuttable presumption of workers’ compensation coverage for COVID-19 cases contracted by “essential employees” during a public health emergency declared by an executive order of the governor. The law is effective immediately and retroactive to March 9, 2020.

South Carolina Begins to Reopen

South Carolina has joined the growing number of states that have begun to reopen their economies following weeks of closure due to the coronavirus pandemic. On May 1, 2020, Governor Henry McMaster announced that he would lift certain mandatory provisions of his April 6, 2020, statewide “home or work” order and the state would restore health and safety standards to voluntary status effective May 4, 2020.

States Create Presumptions for Essential Workers to Become Eligible for Workers’ Compensation Benefits During Pandemic

A number of states have recently passed or proposed amendments to their workers’ compensation statutes (or have issued other authority) to make it easier for healthcare workers, first responders, and other essential workers to receive workers’ compensation benefits in connection with COVID-19.