The Department of Homeland Security’s COVID-19 flexibility regarding the physical presence requirements for I-9 inspection ends on July 19, 2020, for companies that are still operating 100-percent remotely. Unless further extended, the three-day rule to review the original documents in person will kick in on that date.

The U.S. Supreme Court has held that LGTBQ+ employees are protected from workplace discrimination under Title VII of the Civil Rights Act of 1964.

1. The National Labor Relations Board (NLRB) implemented several parts of its new election rule that were not enjoined by a federal district court judge. The new rule aims to reform the controversial Obama-era “quickie election” regulations. The entire rule was scheduled to go into effect on May 31, but its implementation fell into question after U.S. District Court Judge Ketanji Brown Jackson enjoined parts of the rule that, in the court’s view, were not lawfully promulgated. AFL-CIO v. NLRB, No. 20-CV-0675 (D. D.C. May 30, 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.

A temporary suspension of entry by certain employment-based, family-based, and other immigrants has been enacted. President Donald Trump signed the “Proclamation Suspending Entry of Immigrants Who Present Risk to the U.S. Labor Market During the Economic Recovery Following the COVID-19 Outbreak” on April 22, 2020. The Proclamation goes into effect at 11:59 p.m.

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.

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.

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.

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. 

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.