California Leads the Way for Pay Data Collection and Reporting

With the Equal Employment Opportunity Commission’s (EEOC) announcement that it would abandon current efforts to collect the controversial Component 2 pay data, California has taken the first step in filling the void left behind by seeking to enact a state law requirement to collect employee compensation.

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SDNY Vacates DOL Regulations Implementing the Families First Coronavirus Response Act

On August 3, 2020, the Southern District of New York’s August 3, 2020, ruling in New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 vacated portions of the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). The following Q&A details the many ways in which the ruling will impact employers, including which DOL regulations were struck down by the order, the conditions under which employees can take FFCRA leave and the emergence of FFCRA-related lawsuits.

For the full alert, visit the Faegre Drinker website.

What Does New Jersey’s Lifting of the Stay-At-Home Order Mean for Office-Based Workers? … Not Much.

On June 1, 2020, New Jersey Governor Phil Murphy announced that the state is on track and expected to enter Stage/Phase 2 of the Restart and Recovery Plan on June 15, 2020, which will permit nonessential retail businesses to reopen to the public and permit in-person outdoor dining, so long as required social distancing and other mitigation protocols are followed. Personal care service providers, such as hair salons, nail salons and barber shops are scheduled to reopen on June 22, 2020.

On June 9, 2020, Governor Murphy signed Executive Order No. 153, lifting the stay-at-home order that had been in place since March 21, 2020. Executive Order No. 153 states, among other things, “Paragraph 2 of Executive Order No. 107 (2020), which requires New Jersey residents to remain home or at their place of residence with limited exceptions, is hereby rescinded.”

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Return to Work in the Time of COVID-19: Considerations for Retailers

In the latest update to our Q&A guide to returning to work in the time of COVID-19, we lay out considerations and action items for retailers — including bars and restaurants, personal health and beauty service providers, and clothing and big box stores — as they prepare to safely reopen their doors to customers.

For the full guide, visit the Faegre Drinker website.

Question & Answer Employer Guide: Return to Work in the Time of COVID-19

As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business restrictions expire or are modified. What are the various considerations employers must keep in mind when reopening their physical work locations?

This Question and Answer Guide describes a number of COVID-19 employment and return-to-work considerations. Because the COVID-19 pandemic is a fluid situation and highly dependent on jurisdiction- and sector-specific considerations, we anticipate that additional guidance will be coming from the federal, state and local governments as plans to allow businesses to open are developed in the coming days and weeks.

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New Jersey Delays Amendments to the New Jersey WARN Act and Provides Relief to Employers Amid the COVID-19 Pandemic

New Jersey employers facing difficult decisions given business challenges posed by the COVID-19 pandemic have been hoping for some relief from the amendments to New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (NJ WARN Act), set to take effect on July 19, 2020. Simply put, those amendments will lower the bar such that the NJ WARN Act will be triggered by reductions in force that impact 50 or more employees (either full-time or part-time) at or reporting to an establishment (a single location or group of locations within the state) during any 30-day period. In addition, the amendments require employers who lay off employees on or after July 19, 2020, to give employees 90 days’ notice, rather than the 60 days previously required by state law and by the federal Worker Adjustment and Retraining Notification (WARN) Act.

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