Laborsphere

Complying With WARN Act Requirements During the Coronavirus Pandemic

In response to the COVID-19 (coronavirus) pandemic, major retail chains, manufacturers, hospitality providers and other employers have been reducing hours/pay or closing employment sites. For many employers, these layoffs are expected to be temporary while the virus runs its course, but economic challenges could turn short-term layoffs into events that trigger notice obligations under the federal Worker Adjustment and Retraining Notification (WARN) Act or state “mini-WARN” Acts. This article answers employers’ common wage and hour and WARN Act questions caused by the coronavirus.

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Congress Considers Expansive Coronavirus Package, Including Paid Leave and Free Testing

Early in the morning on Saturday, March 14, 2020, the U.S. House of Representatives passed Congress’ second sweeping legislative package in response to the COVID-19 epidemic, with a bipartisan 363-40 vote. The legislation, The Emergency Families First Coronavirus Response Act (H.R. 6201), is the result of swift negotiations between Treasury Secretary Steve Mnuchin and Speaker Pelosi. The bill includes not only public health and health sector provisions but also paid leave and other policies intended to help American families in the coming weeks. This latest action comes after President Trump signed an $8.3 billion public health bill into law earlier this month to expand access to care, support local public health departments and fund vaccine research development.

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COVID-19: Need-to-Know Employer Information on Data Privacy and Recent Governmental Actions

As employers respond to the daily influx of information about coronavirus/COVID-19, Faegre Drinker continues to update its Employer’s Action Guide and monitor dynamic federal and state developments. Some governmental agencies have provided guidance or adopted rules to assist employees and employers through these uncertain times. This information will help you stay current and compliant. We will continue to monitor developments.

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Coronavirus: An Employer’s Action Guide – Part III

As the coronavirus continues to spread, employers should continually evaluate whether their prevention and response efforts are sufficient and appropriately tailored based on the latest information on the virus and their own business considerations. Here is our latest guidance, which may further inform your own response plan.

This is a follow up to our posts on March 4, 2020 and February 14, 2020. Our full Employer’s Action Guide can be found here.

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Coronavirus: An Employer’s Action Guide – Part II

Daily headlines about the growing coronavirus threat have many employers concerned that they are not doing all they should to protect employees without undue disruption to operations. Here are some answers that may inform your own response plan.

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NLRB Tightens Standard for Joint Employer Status

A business is a joint employer of another employer’s employees only if the two employers share or codetermine the employees’ essential terms and conditions of employment, according to a recently unveiled and long-awaited final rule from the National Labor Relations Board (NLRB) that will take effect on April 27, 2020. By tightening the legal test the NLRB uses to determine whether workers are jointly employed by affiliate businesses, including franchisors and franchisees, the rule provides welcomed clarity for franchisors, and will allow them to provide more operational support and guidance to franchisees.

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