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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EEO-1 Update: Pay Data Now Due September 30, 2019

As we previously reported, the Equal Employment Opportunity Commission (EEOC) now requires employers to disclose equal pay data on its Employer Information Report (EEO-1). The equal pay data, otherwise known as “Component 2” of the EEO-1, has been the subject of ongoing litigation. Most recently, the EEOC requested court approval to extend the deadline for employers to report Component 2 data until September 30, 2019—later than the deadline for other EEO-1 data, which is due May 31, 2019. Several organizations supporting equal pay initiatives had argued that the agency should collect the data by May 31, but the agency told the court that the May 31 deadline was not feasible.

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EEO-1 Update: EEOC Requests Pay Data Extension

Background
The Equal Employment Opportunity Commission’s (EEOC) revised Employer Information Report (EEO-1) is now open via the EEOC’s online portal. As we previously reported, the revised EEO-1 now requires employers to aggregate W-2 wages and hours worked by job category, race, sex, and ethnicity. The new requirements were stayed in 2017, but a federal judge lifted that stay on March 4, 2019.

Update
In a new filing on April 3, 2019, the EEOC requested court approval to extend the deadline for reporting pay data until September 30, 2019—later than the current EEO-1 deadline of May 31, 2019. In making its request, the EEOC noted that it needs additional time “in order to accommodate the significant practical challenges” related to collecting the pay information. The agency support the request with an affidavit from its recently appointed Chief Data Officer, Samuel Christopher Haffer.

Judge Tanya S. Chutkan is expected to rule on the agency’s request in the coming weeks. Subscribe to LaborSphere for updates.

2016 Presidential Election Aftermath: What Can be Expected in the Labor & Employment Law Space

We continue to analyze and assess what the 2016 election results mean in the Labor & Employment Law space, and what we can expect from a GOP White House, House and Senate.  The last two times that this GOP alignment was present were 1929 and 2007 (let’s hope that the financial events that followed those two occasions – the Great Depression and the Great Recession – do not repeat themselves this time around).

It is difficult to predict what President Donald J. Trump’s actual agenda will be, because his campaign was long on broad concepts and very short on serious, detailed policy presentation. While Candidate Trump said many things, including contradictory things, about many topics, some themes can be discerned from pre-election and post-election comments.  Also, some issues have been on the GOP wish list for some time, but until they could have the alignment of White House and Congress that will be in place in January, those wish list items, as a practical matter, were just wishes.  Here are our impressions about what changes will occur.

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