The federal district court in New York struck down four provisions in the Department of Labor’s (DOL) Families First Coronavirus Response Act (FFCRA) regulations on August 3, 2020, four months after the regulations went into effect, and five months before the FFCRA is set to expire. State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D. N.Y. Aug. 3, 2020).

The National Labor Relations Board (NLRB) General Counsel (GC) has weighed in on several COVID-19-related issues under the National Labor Relations Act (NLRA).

The GC’s opinions are contained in Advice Memoranda that reflect an understanding that unionized employers must have flexibility to deal with pandemic-related issues quickly.

As cases of COVID-19 continue to spike across the country and many jurisdictions have begun to require the use of face coverings in public, the Occupational Safety and Health Administration (OSHA) has unveiled and updated its Frequently Asked Questions discussing masks in the workplace.

The Equal Employment Opportunity Commission (EEOC) has announced two six-month pilot programs to expand its mediation program and increase the effectiveness of its conciliation process.

While the EEOC’s press release was short on details, it signals that the agency may be placing more emphasis on pre-suit settlements and taking a step back from making splashes through litigation.

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.