On March 27, 2020, the Coronavirus Aid, Relief and Economic Security Act (CARES Act) was signed into law, providing an estimated $2 trillion stimulus package to address the COVID-19 pandemic. Although the CARES Act has a number of employment-related provisions (as discussed here), a central piece of the legislation expands existing unemployment insurance programs, making far more individuals eligible and providing greater benefits than existing programs. As employers consider workplace actions during this time of uncertainty, understanding the impact of the new unemployment insurance landscape and the options available will inform employers as they make critical decisions suited to their circumstances and workforce.
NLRB Finalizes Significant Changes to Union Election Procedures
On April 1, 2020, the National Labor Relations Board finalized and enacted several significant changes to union election procedures. These changes, which largely target procedures that unions have used to maintain or implement union representation despite opposition from employees, will take effect early this summer.
For the full alert, visit the Faegre Drinker website.
COVID-19 Issues for Unionized Employers
The COVID-19 pandemic has caused unprecedented disruption for U.S. businesses of every size and in every industry. As state and local governments have ordered companies to cease nonessential operations and directed consumers to quarantine, isolate or otherwise “shelter in place,” the very survival of many of today’s businesses depends on their abilities to develop new operational and business strategies for addressing changing consumer needs, altered distribution channels and a depressed economic market.
No More “Quickie Elections”: NLRB’s New Election Procedures Delayed Until May 31
Beginning May 31, 2020, the time from petition to union election is slated to double, creating new opportunities for employers. The National Labor Relations Board has issued several important changes related to how it will process union certification and decertification elections. These changes include a relaxation of the timelines that guide union elections and an expansion of parties’ rights that could further lengthen the timeline.
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Pennsylvania Grants Waivers Allowing Non-‘Life-Sustaining’ Businesses to Resume Operations
On March 19, 2020, Governor Tom Wolf ordered all Pennsylvania businesses that are not considered “life-sustaining” to shut down their physical operations by March 21 at 12:01 a.m., which was later amended to March 23, 2020 at 8 a.m. Governor Wolf’s order will remain in effect until further notice. Although there are several industries that are listed as non-life sustaining, the Pennsylvania Department of Community and Economic Development (DCED), has granted several waivers permitting specific businesses in industries that are not life sustaining to continue operating. For example, although construction companies generally must cease construction, they are permitted to construct health care facilities and conduct emergency repairs.
COVID-19 State and Local Employment Law Developments
As COVID-19 cases have swept across the country, state and local governments have reacted by issuing various orders and guidance affecting employers and their employees. Although it is not possible to discuss all related state and local developments that have occurred, this update provides a brief overview of some of these developments to help you maintain compliance for your organization.
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