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.

Virginia’s Emergency Temporary Standard Addressing COVID-19 and Workplace Safety Takes Effect

On July 27, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board published its Emergency Temporary Standard on Infectious Disease Prevention: SARS-CoV-2 That Causes COVID-19 (§16 VAC 25‐220) (the Standard). In doing so, Virginia became the first state to enact comprehensive COVID-19 workplace safety requirements.

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Minnesota Businesses Should Prepare to ‘Mask Up’ Under New Executive Order

Effective July 25, 2020, Minnesota Governor Tim Walz’s Executive Order 20-81 requires Minnesotans to wear face coverings in indoor business and public settings, as well as when unable to maintain six-foot social distancing outdoors, riding on public transit, and as required by industry-specific guidance.

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Virginia Department of Labor and Industry Issues Near-Final COVID-19 Workplace Safety Standard

On July 15, 2020, the Virginia Department of Labor and Industry’s Safety and Health Codes Board voted to approve an emergency temporary standard on infectious disease prevention (§16 VAC 25‐220), becoming the first state to enact comprehensive COVID-19 workplace safety requirements. The regulation comes after Virginia Governor Ralph Northam directed the creation of enforceable workplace safety regulations in May. The final standard will become effective upon publication, which is expected next week.

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San Francisco Enacts Temporary ‘Back to Work’ Ordinance in Response to COVID-19 Layoffs

On June 23, 2020, the San Francisco Board of Supervisors passed a “Back to Work” Emergency Ordinance guaranteeing reemployment to certain employees laid off due to the COVID-19 pandemic. The ordinance requires covered employers to provide written notice when layoffs occur while also prohibiting discrimination against, and requiring reasonable accommodations for, employees who experience a family care hardship.

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Remote Working During COVID-19 (and Beyond?): Frequently Asked Questions

Many state and local orders continue to require certain employees to work remotely or telecommute during the COVID-19 pandemic. And even where employees are beginning to return to the workplace, employers may face an increase in requests from employees to work remotely on an extended basis. With a likely uptick in its remote workforce, employers should consider whether to allow its employees to work remotely, and if so, how to best accomplish the task, including whether to implement a remote work policy and/or enter into individual remote work agreements with its remote employees during this pandemic and, perhaps, beyond.

For the full alert, visit the Faegre Drinker website.