Laborsphere

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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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.

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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.