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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“Hair Love” Coming to a Jurisdiction Near You

With the Oscar win for best animated short film, Hair Love shone a spotlight on California’s CROWN Act (Create a Respectful and Open World for Natural Hair), which prohibits discrimination based on natural hairstyles and textures. Bills addressing hairstyle discrimination are now pending in 21 statehouses around the country, with several municipalities considering their own legislation. With companion bills already pending in the U.S. Senate and House of Representatives, a version of the CROWN Act is likely to become law in a jurisdiction near you soon.

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U.K. Immigration Update: Government Unveils New Post-Brexit Points-Based System

The British government released a policy statement on 19 February 2020 about the future of the United Kingdom’s (U.K.) immigration system, and the proposed changes will make it very costly for U.K. companies to employ European Union (EU) citizens. Following the U.K.’s departure from the EU last month, freedom of movement for EU citizens to the U.K. and for U.K. citizens to and within the EU will cease at the end of the transition period on 31 December 2020. The government will also scrap the labour market test and the cap on the number of visa applicants.

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