Independent Study of EEOC 2017 and 2018 Pay Data Underway

On July 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that the National Acad­emies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) will conduct an independent study of the EEOC’s Employer Information Report (EEO-1 Report) Component 2 data, which was collected last year. Pursuant to a court order, covered employers were required to provide new Component 2 EEO-1 data reports for two years of their employees’ W-2 wage information and total hours worked in 12 pay bands by gender, race and ethnicity. The collection ultimately sought pay data for fiscal years 2017 and 2018 and was due on September 30, 2019.

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What Does New Jersey’s Lifting of the Stay-At-Home Order Mean for Office-Based Workers? … Not Much.

On June 1, 2020, New Jersey Governor Phil Murphy announced that the state is on track and expected to enter Stage/Phase 2 of the Restart and Recovery Plan on June 15, 2020, which will permit nonessential retail businesses to reopen to the public and permit in-person outdoor dining, so long as required social distancing and other mitigation protocols are followed. Personal care service providers, such as hair salons, nail salons and barber shops are scheduled to reopen on June 22, 2020.

On June 9, 2020, Governor Murphy signed Executive Order No. 153, lifting the stay-at-home order that had been in place since March 21, 2020. Executive Order No. 153 states, among other things, “Paragraph 2 of Executive Order No. 107 (2020), which requires New Jersey residents to remain home or at their place of residence with limited exceptions, is hereby rescinded.”

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The COVID-19 Toolkit: What Businesses Need to Know as States Reopen

As return-to-work orders begin to take effect across the country, businesses have started to emerge from the shadow of COVID-19. This can be a daunting challenge. Extended shutdowns have put many companies on unsure financial footing, leading to a rush to reengage in revenue-generating activities. At the same time, the risk of disease transmission remains potentially high, and businesses must protect their workforces and customers from unnecessary exposure. Balancing these competing forces, while also remaining legally compliant, is no small task.

For the full alert, visit the Faegre Drinker website.

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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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.

Question & Answer Employer Guide: Return to Work in the Time of COVID-19

As government authorities look to implement business reopening measures, employers are now planning to move employees back into the workplace as state and local stay-at-home orders expire and other COVID-19 business restrictions expire or are modified. What are the various considerations employers must keep in mind when reopening their physical work locations?

This Question and Answer Guide describes a number of COVID-19 employment and return-to-work considerations. Because the COVID-19 pandemic is a fluid situation and highly dependent on jurisdiction- and sector-specific considerations, we anticipate that additional guidance will be coming from the federal, state and local governments as plans to allow businesses to open are developed in the coming days and weeks.

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