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Top Five Labor Law Developments for April 2020
  1. The National Labor Relations Board (NLRB) has signaled its intention to amend its criteria for ordering mail-ballot elections, even as some regional offices are directing mail-ballot elections due to the COVID-19 pandemic. In Western Wall Systems, LLC, Case 28-RC-247464 (Apr. 16, 2020), the NLRB rejected an employer’s appeal of a Regional Director’s dismissal of objections to a mail-ballot election that included numerous reports of irregularities.
Responding to COVID-19 Concerns as a Retailer

The COVID-19 pandemic is challenging retailers in ways unique to the business. Not only do they have to ensure the health and safety of both customers and workers with effective strategies, they are struggling with managing the changing state and local business restrictions, pervasive staffing changes, and unanticipated supply chain shortages.

Top Five Labor Law Developments for March 2020
  1. Employers affected by the COVID-19 pandemic may receive some financial relief from the Coronavirus Aid, Relief, and Economic Security (CARES) Act, but the assistance comes with union-related strings attached for some employers. The CARES Act, signed into law on March 27, provides that the Secretary of the Treasury may create a loan program for mid-size companies, including non-profit organizations, that employ between 500 and 10,000 employees. Under that provision, eligible businesses would have to remain neutral in any union organizing effort for the term of the loan.
Department of Labor’s Temporary Rule for Families First Coronavirus Response Act

The Department of Labor (DOL) has promulgated temporary regulations to implement provisions of the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) which were enacted as part of the Families First Coronavirus Response Act, Public Law 116-127 (FFCRA),  in response to the COVID-19 pandemic.

The Rule is effective from April 1, 2020, through December 31, 2020.

Department of Labor’s Latest FAQs Expand ‘Health Care Providers’ and Define ‘Emergency Responders’ Under FFCRA

The Department of Labor has been hard at work issuing FAQs to try to explain the provisions of the Families First Coronavirus Response Act (FFCRA) before it goes into effect on April 1, 2020. The latest FAQs bring the current total to 59 and include a number of helpful provisions for employers, particularly those in the health care field, some of which are different than what had previously been reported. 

President Trump Signs Coronavirus Aid, Relief, and Economic Security Act (CARES)

CARES is expected to infuse approximately $2.2 trillion into the U.S. economy. The Act addresses a multitude of ways in which the federal government seeks to support businesses impacted by the pandemic and employees affected by COVID-19. Key areas of interest for employers relate to business loans, unemployment benefits, retirement plans, tax credits and executive compensation.

Temporary E-Verify Policies Announced for Delays Due to COVID-19

E-Verify has modified its policies temporarily due to coronavirus (COVID-19) pandemic to ease the burden on employers and employees.

E-Verify is an internet-based system that allows employers to determine the work eligibility of employees by verifying employees’ information against federal databases.

The temporary policies are as follows:

Department of Homeland Security: Temporary Flexibility for Employers’ I-9 Compliance


The Department of Homeland Security (DHS) has announced that, because of the National Emergency due to the coronavirus (COVID-19) pandemic, employers may temporarily inspect Form I-9, Employment Eligibility Verification, Section 2 documents remotely (e.g., over video link, fax or email, and so on) and obtain, inspect, and retain copies (rather than originals) of those documents until normal business operations resume. 

The New Employer Obligations under the Slightly Revised Families First Coronavirus Act (H.R. 6201)

The “Families First Coronavirus Response Act” (H.R. 6201) has passed the Senate and been signed by President Donald Trump.

This article discusses the paid Family and Medical Leave Act (FMLA) and paid sick leave provisions of the Act.

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