Laborsphere

Legal Considerations for Reopening the Workplace

On March 18, 2020, Governor Andrew Cuomo enacted Executive Order 202.6, temporarily closing all nonessential businesses in response to the coronavirus outbreak. In late April, Governor Cuomo issued guidance announcing a phased approach to reopening businesses that requires regions across New York State to satisfy seven criteria involving a drop in the infection rate, increased capacity in healthcare systems, increased ability to administer diagnostic tests and isolate new cases, and a capacity to implement contact tracing. With eight out of the state’s ten regions satisfying Governor Cuomo’s criteria, municipalities and businesses around the state prepare to return to work.

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U.K. Immigration Update: Coronavirus May 2020

U.K. immigration policy continues to make significant developments including new quarantine rules for international travelers, visa extension guidance, immigration health surcharge, U.K. Visa and Citizenship Application Centres (UKVCAS) and other developments.

For the full alert, visit the Faegre Drinker website.

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.

Not Just ‘Clear and Unmistakable’: NLRB and Courts Embrace Contract Coverage Waiver Standard

Last fall, the National Labor Relations Board (NLRB) moved away from the strict “clear and unmistakable” standard when determining whether unions and their members waived certain rights. Since issuing its MV Transportation, Inc. decision in September 2019, the NLRB no longer requires employers to demonstrate that a union clearly and unmistakably waived its right to bargain over the subject of a unilaterally implemented change. For a detailed analysis of last September’s NLRB decision, please see our September 2019 MV Transportation, Inc. alert. In the eight months since that decision, some courts have begun to apply elements of the new waiver standard.

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The U.S. Bans Entry of Foreign Nationals Coming From Brazil

In accord with travel bans previously issued by President Trump against foreign nationals coming from Europe’s Schengen Area, the United Kingdom, Ireland, China and Iran, on May 24, 2020, President Trump issued a Proclamation suspending entry to the U.S. of foreign nationals who have been in Brazil in the 14-day period preceding planned entry to the U.S. The ban was originally set to be effective on Thursday, May 28, 2020 at 11:59 p.m. U.S. Eastern Time. However, on May 25, the White House advanced the effective date to Tuesday, May 26, 2020 at 11:59 p.m. U.S. Eastern Time.

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Coronavirus Lawsuits on the Horizon: Termination and Discrimination

As the COVID-19 pandemic spread throughout the country, many employers responded to this unprecedented and uncertain situation by furloughing and laying off some or all of their workforce. These actions already have spurred labor and employment lawsuits. And more are likely on the horizon, including as employees start returning to work.

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