Laborsphere

Frequently Asked Questions on COVID-19 Personal Injury Litigation

Plaintiffs’ attorneys are advertising for plaintiffs infected by COVID-19, and new COVID-19 personal injury lawsuits are being filed at a steady clip. In recent lawsuits, for example, employees and customers have sought to recover for financial and emotional damages caused by long-lasting COVID-19 symptoms and, in some cases, death. These developments suggest that companies will likely see increased personal injury litigation alleging the transmission of COVID-19. Below are some common questions and considerations about this new type of litigation.

For the full alert, visit the Faegre Drinker website

DOL Proposes New Rule Clarifying the Test for Classification of Workers

On September 22, 2020, the U.S. Department of Labor (DOL) issued a new proposed rule that would substantially simplify the test for determining whether persons are employees or independent contractors under the Fair Labor Standards Act (FLSA).

Because the FLSA does not actually define “employee,” courts have traditionally filled the void by applying an “economic realities” test that balances several factors. But in issuing a new proposed rule, the DOL noted that the current balancing test is difficult to apply, creates confusion, and is out of step with modern technology and working relationships.

For the full alert, visit the Faegre Drinker website.

Immigration Updates: Visa Processing, Travel Bans and the New USCIS Fee Schedule

Read on for an overview of updates on immigration and global mobility issues, including those involving visa processing at U.S. embassies and consulates, restrictions on travel and the new U.S. Citizenship and Immigration Services (USCIS) fee schedule.

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Pennsylvania Federal Judge Strikes Down Key Provisions in Governor Wolf’s COVID-19 Orders

In a decision issued on September 14, 2020, U.S. District Court Judge William S. Stickman IV ruled that certain restrictions ordered by Pennsylvania Governor Tom Wolf to slow the spread of COVID-19 were unconstitutional. Judge Stickman’s decision comes after several other Pennsylvania courts upheld the restrictions as being within Wolf’s authority and courts in other states had upheld similar types of orders.

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OFCCP Publishes the 2020 Corporate Scheduling Announcement List for Upcoming Federal Contractor Audits

Applicable federal contractors should immediately review the 2020 Corporate Scheduling Announcement List (CSAL), released by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit.

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Revised DOL FFCRA Rules Narrow Health Care Provider Exemption, Ease Advance Notice Requirements

The Department of Labor (DOL) issued revisions to its Families First Coronavirus Response Act (FFCRA) paid leave rules on Friday, in response to a New York federal court ruling that struck down portions of the original rule issued in April. FFCRA, enacted by Congress in March as a stimulus measure, provides eligible workers for up to two weeks of paid leave, subject to caps, for certain coronavirus-related absences, and up to an additional 10 weeks of paid leave to care for children who are at home due to school or day care closures. The rule updates are scheduled to go into effect September 16.

For the full alert, visit the Faegre Drinker website.