Donning, Doffing and PPE: The Compensability of Pre-Shift and Post-Shift Activities

The Fair Labor Standards Act (FLSA) and state wage and hour laws require businesses to record and pay their nonexempt employees for all “compensable time,” including certain activities that occur before an employee begins his or her principal activities during the work day. During the COVID-19 pandemic and after retail employees “return to work,” workers may be required (or choose) to engage in certain tasks at the start of their shifts and throughout the workday.

For the full alert, visit the Faegre Drinker website.

OFCCP Revises Voluntary Self-Identification Disability Form

The OFCCP announced on May 8, 2020 that it completed its awaited update to the Voluntary Self-Identification of Disability Form, which was recently approved by the Office of Management and Budget (OMB) and expires on May 31, 2023. Covered federal contractors and subcontractors have until August 4, 2020 to replace the old form.

Continue reading “OFCCP Revises Voluntary Self-Identification Disability Form”

EEOC Pushes Back EEO Data Collections Until January and March 2021

The Equal Employment Opportunity Commission will delay the opening of the 2019 EEO-1 Component 1 (Employer Information Report), the 2020 EEO-3 (Local Report) and the 2020 EEO-5 (Elementary-Secondary Staff Information Report) until 2021, in light of COVID-19. Accordingly, EEO-1, EEO-3 and EEO-5 filers should begin preparing to submit data in 2021.

For the full alert, visit the Faegre Drinker website.

New York City Ban on Pre-Employment Drug Testing Takes Effect May 10, 2020

New York City employers should review their existing drug-testing policies to confirm that they are in compliance with the new law taking effect May 10, 2020 that prohibits them from requiring prospective employees to submit to testing for the presence of marijuana or tetrahydrocannabinols (or THC, the main psychoactive component of marijuana).

Continue reading “New York City Ban on Pre-Employment Drug Testing Takes Effect May 10, 2020”

OFCCP Issues Directives Regarding Mediation Procedures and Audit Efficiency

The Department of Labor Office of Federal Contract Compliance Programs (OFCCP) released three new directives on April 17, 2020 that formalize its mediation procedures, seek to further increase the efficiency of its compliance evaluations (audits) and expand the role of the agency’s Ombudsman. The OFCCP’s recent directives were designed to further reduce the burden on federal contractors, and further confirms that the agency remains operational and committed to its enforcement efforts.

For the full alert, visit the Faegre Drinker website.

More States and Municipalities Impose Mandatory Face Covering and Other Workplace Protections

After an initial wave that saw a focus on closing or limiting “non-essential” or “non-life sustaining” businesses and limiting individual travel, states and municipalities have shifted their attention to protections for those who are continuing to work and travel as they perform essential personal and professional functions. The primary, but not only, area of such focus is on mandating the use of cloth or fabric masks. This change has come as more has become known about how the highly infectious coronavirus spreads, with the Centers for Disease Control and Prevention (CDC) now recommending that cloth face coverings be worn “in public settings where other social distancing measures are difficult to maintain,” such as grocery stores and pharmacies, “especially in areas of significant community-based transmission.”

These new orders vary in their scope and strictness. The Pennsylvania Department of Health, for example, has issued an order requiring masks to be worn by employees of businesses authorized to maintain in-person operations and further requiring employers to provide such masks. The Pennsylvania order also requires most shoppers to wear masks before entering most stores.

Continue reading “More States and Municipalities Impose Mandatory Face Covering and Other Workplace Protections”

©2025 Faegre Drinker Biddle & Reath LLP. All Rights Reserved. Attorney Advertising.
Privacy Policy