Federal Contractors Should Be on the Lookout for Change in 2021, But Plan for Now

Posted on December 14, 2020 by Debra Friedman — No Comments ↓

Commentators are speculating on how quickly the Biden Administration may reverse course on three (3) of 2020’s significant developments at the Office for Federal Contract Compliance Programs (“OFCCP”):

On September 22, 2020, President Trump issued Executive Order 13950, “Combating Race and Sex Stereotyping,” which the OFFCP described as an Order designed against promoting “race or sex-stereotyping or scapegoating” and prohibiting “federal contractors from inculcating such views in their employees in workplace diversity and inclusion trainings.”
On September 29, 2020, the OFCCP issued requests for information to Microsoft and Wells Fargo concerning their announcements to increase the hiring of Black employees.
On December 7, 2020, the OFCCP issued a final rule expanding the exemption from Executive Order 11246’s nondiscrimination requirements for federal contractors who are religious corporations, associations, educational institutions, or societies. The final rule will take effect on January 8, 2021.

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Posted in Contractors, Discrimination, Federal Government

Enhanced Employer Record-Keeping Requirements Relating to COVID-19

Posted on November 9, 2020 by Peter Ennis — No Comments ↓

One subject that has not received a lot of attention relating to COVID-19 requirements for employers is the obligation to make and preserve certain records. Depending on what the record is, and who is making it, these mandates will require employers to maintain records for longer periods of time than under many, if not most, record-keeping policies. As a result, employers should be reviewing and updating if necessary, their record-keeping policies when it comes to employee monitoring, leaves of absence, and sick pay.

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Tagged with: FFCRA, OSHA, Record Keeping
Posted in COVID-19

Top 5 Tips for Managing Remote Employees

Posted on November 05, 2020 by Arielle Eisenberg, Nandini Sane

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The COVID-19 pandemic has forced many companies to switch to a remote workforce. This rapid shift has reshaped the landscape of the American workforce, and will likely have far-reaching consequences. Although for many employers, remote working is just a temporary response to the global pandemic, several large companies have recently announced a permanent or long-term move to a remote workforce. While there can be many benefits to working from home, there are some unique challenges. Below are five practical tips employers should consider when managing a remote workforce.

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Posted in COVID-19, Wage and Hour, Work from Home

Top 5 Tips For Managing Employees During The Election Season And Beyond

Posted on October 23, 2020 by Arielle Eisenberg, Nandini Sane

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If you could not tell from the political commercials, candidate signs on every lawn, and nonstop news coverage, the 2020 election is in full swing. Early voting has started in many states and over 20 million people have already voted. This election, however, seems to be all-consuming and rather controversial. Companies are seeing a surge in issues surrounding morale and productivity as a result of the constant election coverage and there is no indication any of that will end come November 4. In an effort to make the work environment a little less stressful through and after the election, here are five practical tips employers should consider when managing employee relations in regards to the election.

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Posted in Labor & Employment, Politics at work

Employers Should Prepare for Wave of COVID-Related Wrongful Death Lawsuits

Posted on September 1, 2020 by David Barron — No Comments ↓

The latest projections estimate that nearly 300,000 Americans will die from COVID-19 by the end of 2020. Many of those individuals will be employed when they contract the virus, and a significant number will be workers in front line businesses such as retail, manufacturing, or healthcare, where the risk of exposure is significant. Faced with the tragic loss of a loved one during unprecedented economic turmoil, many of these workers’ families will understandably choose to file wrongful death claims seeking to recover for their loss.

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Tagged with: COVID-19
Posted in COVID-19

The Duty to Bargain When Reopening

Posted on May 28, 2020 by John H. Feldmann, III — No Comments ↓

Our May 4, 2020 blog – Employers With Unionized Workforces Need to be Prepared – discussed how employers with collective bargaining agreements (CBA) should start preparing for a union’s response to the Coronavirus (COVID-19). Click here to view that blog. This blog discusses an employer’s duty to bargain with a union over the decision to implement new policies that are required by either federal, state, and/or local directives to reopen, and the duty to bargain over the effects of those policies on employees covered by a CBA.

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Posted in COVID-19

What to Do When a Union Calls

Posted on May 13, 2020 by John H. Feldmann, III — No Comments ↓

Last week we posted a blog that discussed how employers with and those without unionized workforces should prepare for a union’s response to the Coronavirus (COVID-19). Click here to view the blog. This blog discusses what an employer with a non-unionized workforce should do when a union calls. It applies to employers subject to the National Labor Relations Act (NLRA), which covers most private sector employers, including manufacturers, retailers, private universities, and health care facilities. The National Labor Relations Board’s (NLRB) jurisdictional standards are available here. If an employer makes mistakes in responding to a union organizing campaign, the employer might inadvertently voluntarily recognize the union as the employees’ exclusive collective bargaining representative, or if the employer engages in a pattern and practice of unfair labor practices, that could lead to an NLRB decision that orders bargaining with the union. Either of those mistakes could forfeit employees’ right to decide, by a secret ballot election as the NLRA provides, whether or not they wish to be represented by a union.

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Tagged with: COVID-19, NLRB, union
Posted in COVID-19, NLRB, Union

Employers With Unionized Workforces Need to be Prepared

Posted on May 4, 2020 by John H. Feldmann, III — No Comments ↓

With Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties beginning to loosen restrictions on the operation of certain businesses operating primarily outdoors, including resuming construction, effective on May 4, 2020, employers with collective bargaining agreements (CBA) and those without one should start preparing for a union’s response to the Coronavirus (COVID-19). If any of your employees are covered by a CBA, their union will be requesting information about what new policies and procedures you are implementing to ensure that the workplace is safe during this pandemic and post-pandemic. And, those policies will have an impact on the employees’ wages, hours and other terms and conditions of employment. Under the National Labor Relations Act (NLRA) those policies and procedures must be provided to the union and discussed with it. The union may even question whether or not you have the right to make those changes. Your CBA may give you that right, but if it doesn’t, you should be able to convince the union to negotiate over the changes in order to comply with government guidelines and regulations to provide a safe workplace.

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Tagged with: COVID-19, union
Posted in COVID-19, Union

It’s Springtime for Wage and Hour Rights: Worker-Friendly Changes to Wage & Overtime Regulations Are Blooming in Colorado

Posted on April 13, 2020 by Jake Rubinstein, James Mackey

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In the midst of growing alarm over the coronavirus pandemic and an almost all-consuming focus on public health, workplace and legal developments related to the pandemic, many Colorado employers may have missed the significant changes in Colorado wage and hour laws recently ushered in by the Colorado Department of Labor and Employment (CDLE). These changes are contained in the March 16, 2020 Colorado Overtime and Minimum Pay Standards Order #36 (“COMPS”) Order #36.

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Tagged with: Wage & Hour
Posted in Wage and Hour

Considerations for Addressing Coronavirus and Other Epidemics in the Workplace

Posted on February 27, 2020 by John Ho — No Comments ↓

As the evolving coronavirus virus (COVID-19) first discovered in China continues to grow in both China and other countries including the United States, businesses here need to consider a number of factors in preparing a response plan. One of the most challenging issues in dealing with any epidemic affecting the workplace is that there is no one-size-fits-all approach. A multitude of factors needs to be considering in formulating an appropriate response plan including but not limited to the nature of the epidemic, size of the business, the specific industry, the demographics of the workforce, and operational needs. In addition, there are numerous laws which must be carefully considered in any response plan such as OSHA, Title VII, the Americans with Disabilities Act (ADA) and the Family Medical Leave Act (FMLA) to name just a few.

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Tagged with: Coronavirus, COVID-19
Posted in Labor & Employment, paid sick leave