Earlier this week, a decision by the U.S. District Court for the Southern District of New York vacated several key aspects of the U.S. Department of Labor’s (“DOL”) final rule implementing the Families First Coronavirus Response Act (“FFCRA”). (For those who are unfamiliar with the FFCA, an overview can be found here.) The decision

As businesses in Ohio and across the country continue reopening, many employees are refusing to return to work, and are instead remaining off collecting unemployment benefits. This has frustrated many employers, and Ohio Governor DeWine recently stepped in to address the issue.

In particular, Governor DeWine issued an Executive Order specifying that employees who refuse

On June 17, 2020, the Equal Employment Opportunity Commission (EEOC) updated its Technical Assistance Questions and Answers to clarify that employers may not require COVID-19 antibody testing before permitting employees to re-enter the workplace. Antibody tests can show whether the subject had a past infection or has recovered from the virus that causes COVID-19. Currently,

On Friday, OSHA issued enforcement guidance regarding employers’ obligations to record COVID-19 cases. According to its previous statements, OSHA’s position is that COVID-19 is a recordable illness under OSHA’s recordkeeping requirements and employers are responsible for recording cases of COVID-19 if:

(1) the case is a confirmed case of COVID-19, as defined by Centers for

As we wrote about here, the U.S. Department of Labor (“DOL”) has issued informal guidance to help employers understand their rights and obligations under the Families First Coronavirus Response Act (“FFCRA”). DOL has since updated that guidance to address topics such as the following:

  1. Whether employees are eligible for paid leave if they are unable

On March 25 the Department of Labor (“DOL”) released the Families First Coronavirus Response Act’s (FFCRA) required notice poster that will need to be posted at many workplaces. The DOL also issued a FAQ to explain employer obligations associated with the posting. Unfortunately, these publications both raise additional questions.

First, there appears to be an

I. Introduction
On March 18, 2020, the President signed The Emergency Families First Coronavirus Response Act (“Bill”) into law. The Bill responds to the spread of the coronavirus (COVID-19) and provides for two new, overlapping paid leave requirements for employers. The first is an amendment to the FMLA, while the other is a separate new,

On March 14, 2020, the U.S. House of Representatives passed The Emergency Families First Coronavirus Response Act (H.R. 6201) (“House Bill”) in response to the spread of the coronavirus (COVID-19). The House Bill provides for two new, overlapping paid leave requirements for employers: (1) the Emergency Family and Medical Leave Expansion Act, (2) the Emergency

On March 9, the Occupational Health and Safety Administration (OSHA) issued new guidance for employers to aid in the prevention of employee exposure to COVID-19 in the workplace, which can be found here.

After first briefly summarizing the symptoms of COVID-19 (including but not limited to fever, cough, headache, and shortness of breath) and transmission