This is one of the fastest evolving areas for employers. Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related employment complaints filed approaches 1,000. As discussed above, employers should send the employee home and take all appropriate steps to inform other employees of potential exposure without disclosing the identity of the affected employee. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} Employers have a duty to protect their employees from discriminatory or retaliatory behavior by other employees if they are suspected to have COVID-19 or have self-reported. The law … "Under the law, an employer can force an employee to get vaccinated, and if … #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} Citizenship and Immigration Services (USCIS) has suspended all in-person interviews, including adjustment of status interviews and biometrics appointments in the U.S., and further service disruptions are likely to occur. If you would also like to be kept updated please complete the form below. Other state and local governments are rapidly enacting COVID-19-specific legislation regarding employers and employees, and employers should stay alert to these changes to the extent possible. FFCRA will help the United States combat and defeat COVID-19 by reimbursing American private employers that have fewer than 500 employees with tax credits for the cost of providing employees with paid leave taken for specified reasons related to COVID-19. OSHA guidance on preparing workplaces for COVID-19, COVID-19 accentuates the need for employee financial wellness, As Supreme Court takes up ACA, Democrats point to COVID-19 impact, Self-funded employers don’t have to cut health coverage due to coronavirus. Because state laws vary, employers seeking to report to public health authorities should consider state law on how to do so. However, new federal legislation provides 10 days of paid leave for eligible employees of covered employers to take for certain COVID-19 related reasons, including for employees who have already exhausted previously-offered paid leave. Given the border closings, travel restrictions and immigration agency closures, what are the special considerations for employers with foreign national employees? Employment Law Alert. We use cookies on our website. .manual-search ul.usa-list li {max-width:100%;} To supplement these documents, the EEOC posted a pre-recorded webinar addressing questions arising under any of the Federal Equal Employment Opportunity Laws and the COVID-19 pandemic. October 20, 2020. 10 questions employers have about COVID-19, Expanded paid sick leave requirements under the Families First Coronavirus Response Act, 6 categories of employment lawsuits to expect in the wake of COVID-19, Here’s what the EEOC says employers can ask and disclose about COVID-19, How the Coronavirus Affects HR, Benefits, and Retirement Professionals, Unlimited access to BenefitsPRO.com - your roadmap to thriving in a disrupted environment, Access to other award-winning ALM websites including ThinkAdvisor.com and Law.com. /*-->*/. Copyright © 2020 ALM Media Properties, LLC. COVID-19: employment law updates. Under California law, employers cannot require quarantined employees to use paid sick leave, but employees may choose to do so. Employers must continue to tell employees that if they are exhibiting symptoms of COVID-19, they must not come to work or go home (if at work already), and should self-quarantine and call a health care practitioner for additional guidance. On July 28, 2020. She also serves on the firm’s COVID-19 task force. In this post, we address case law developments involving discrimination and reasonable accommodation claims, as well as a brief look at how COVID-19 could impact wage and hour lawsuits. As additional developments occur, please be sure to check Sidley’s COVID-19 Resource Center page. Tribunals have the power to impose a £5,000 ‘aggravated breach’ penalty on employers losing cases, and from 6 April 2019, the maximum limit on these penalties will rise to £20,000. United States: West Coast COVID-19 Leave Snapshot: California And Oregon Institute Updates To General And COVID-19 Sick Leave Laws ... FAQ: Employment Law In Denmark – Part 1 Poul Schmith. Marketa also leads Sidley’s I-9 compliance practice. Employers who use staffing through agencies should advise their vendors that their employees who are ill or have these symptoms should not come to the office either. In New York City, employers must allow employees to use earned sick time to care for children if schools are closed due to an emergency declaration. Washington, DC 20210 For I-9s executed during this time, employers will be required to conduct physical inspection of the original documents after normal operations resume. The District of Columbia recently adopted a new version of emergency laws requiring employers to provide both paid and unpaid leave to eligible employees for certain COVID-19 related reasons. The website cannot function properly without these necessary cookies, and can only be disabled by changing your browser preferences. Equal Opportunity Employment Commission (EEOC) issued guidance for employers on handling requests for accommodations related to the novel coronavirus, such as in cases where employees are reluctant to return to work because they are at higher risk for severe illness caused by COVID … p.usa-alert__text {margin-bottom:0!important;} For further information about Coronavirus, please visit the HHS’s Centers for Disease Control and Prevention. Each April, HR professionals must ensure that their organisation complies with the latest round of amended employment laws and deadlines. Media outlets report that some form of a “shelter in place” order may be under consideration for New York City and Chicago. .cd-main-content p, blockquote {margin-bottom:1em;} The website cannot function properly without these necessary cookies, and can only be disabled by changing your browser preferences. Because requirements at the federal, state and local level are constantly changing, employers should monitor these developments and should update communications regularly. Yes. There are many nuances and fact-specific elements that make individualized legal counsel on these questions of critical importance. Individual facts and circumstances, as well as applicable laws and considerations, will vary, and thus we recommend that employers appropriately consult counsel prior to taking action. Some states and cities limit an employer’s ability to ask for a health care provider’s certification or impose other privacy-related obligations or restrictions. The Equal Employment Opportunity Commission (EEOC) has represented that the ADA does not prohibit employers from following CDC guidance. The U.S. Employees who perform any work — whether in the office or from a remote site or home — are entitled to pay. The employee need not self-report for the employer to send an employee exhibiting symptoms home. Now is a good time to remind employees of any applicable leave policies (paid or unpaid) and telecommuting or remote work policies. The program will provide an update on the latest federal and Rhode Island laws, such as the future of the Families First Coronavirus Response Act (or any new similar law), which is currently set to expire on December 31, 2020. These options may or may not be feasible for employers depending on the nature of their business. [CDATA[/* >