EMPLOYMENT LAWS
FPLG COVID-19 RESPONSE
EMPLOYMENT LAWS
[UPDATE: November 19, 2020]
With the continuing fluctuation of reopenings followed by minor or sometimes significant retrenchments, nonprofit employers continue to face a complex and confusing maze of regular as well as COVID-19-specific laws, regulations, and rules.
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[UPDATE: May 26, 2020]
Nonprofit employers struggle to keep up with rapidly changing employment laws due to COVID-19.
Complicating these issues are the interim “reopening” laws passed by each of the 50 states. This is a developing story that we will update frequently.
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[March 31, 2020]
For the many nonprofits with paid staff, the COVID-19 pandemic magnifies the already complicated maze of federal, state, and local laws that govern the employer-employee relationship.
On top of an existing pattern of legal rights and duties come new benefits and obligations, particularly – but not only – from the recent Congressional action that has upended sick and family leave laws.
We’ll cover many of these topics in our FAQs as well as in periodic blog posts.
As COVID-19 rates are rising throughout the country, employers may want to review the safety measures they are taking to prevent spreading the coronavirus in the workplace. The U.S. Equal Employment Opportunity Commission recently released additional guidance on the interplay between COVID-19 and an employer’s legal obligations under the Americans with Disabilities Act.
— Allison Sues, Esq., SmithAmundsen (10/27/20)
The impact of COVID-19 triggers many different employment laws. Each law should be analyzed in its own lane.
— Katherine S. Catlos, Esq., Kaufman, Dolowich & Voluck LLP (3/23/20)
…[A]s the economic shutdown continues, many nonprofit executives will face wrenching decisions about their staffing. The choices made will depend on a range of factors, including their programming, revenue model, and financial reserves. They will also depend in no small part on organizational identity, culture, and values, which shape how staff and board frame and respond to crises.
— Jeanne Bell & Steve Dubb, The Nonprofit Quarterly (4/1/20)
REFERENCES & RESOURCES
- How employers can ensure federal law compliance by following updated EEOC guidance on COVID-19 screening and testing protocols (October 29, 2020) Sara Svedberg, Esq., Nexsen Pruett
- DC Revises Definition of “Close Contact,” Expanding Scope of Employer Workplace Contact Tracing (October 29, 2020) Julie Capell, Esq., et al, Davis Wright Tremaine
- COVID-19 and older employees: What employers should know and how they can lessen the impact (October 28, 2020) Lori Jones, Esq., Thompson Coburn
- OSHA COVID-19 Reporting Guidelines Require Reporting Of COVID-19 Fatalities (But Rarely Hospitalizations) (October 28, 2020) Peter Goetschoel, Esq., Vinson & Elkins
- Can You Ask Employees Medical Questions During A Pandemic? The EEOC’s Guidance On Complying With The ADA During COVID-19 (October 27, 2020) Allison Sues, Esq., SmithAmundsen
- Can Employers Require Mandatory Vaccinations? (October 23, 2020) Greenwald Doherty
- CDC’s Latest COVID-19 Guidance Complicates 6-15-48 Contact Tracing Procedures For Employers (October 22, 2020) Nicholas Hulse, Esq. et al, Fisher Phillips
- Additional Department of Labor Guidance on Wage and Hour Rules and Family and Medical Leave as Workplaces Reopen (July 22, 2020) Jeh Johnson, Esq., et al, Paul Weiss
- New Employer Obligations in the Age of COVID-19: Safety Policies, PPE, and Deep Cleaning (June 25, 2020) David J. Santeusanio, Esq. et al, Employee Relations Law Journal
- COVID-19 Lawsuits and Claims Increasing in Courts Nationwide (June 25, 2020) Littler Mendelson PC
- Nonprofits Have Laid Off 1.6M since March, Finds Center for Civil Society (June 24, 2020) Steve Dubb, The Nonprofit Quarterly
- Is COVID-19 A Disability Under Discrimination Law? The Next Wave of Workplace Lawsuits May Answer Question (June 19, 2020) Sarah Wieselthier, Esq., Fisher Phillips LLP
- COVID-19 Fact vs. Fiction Essential Insight For Nonprofit Employers (May 26, 2020) Unemployment Services Trust
- New Challenges for Employers, But Old Accommodation, Anti-Discrimination, Wage Laws Still Apply (May 22, 2020) Kelly-Ann Cartwright, Esq., et al, Holland & Knigh
- Emergency Paid Leave: Answers to Your Questions (April 2, 2020) Lisa Schohl, The Chronicle of Philanthropy
- COVID-19 Emergency Paid Leave and Other Leave-Related Benefits (April 02, 2020) HansonBridgett
- It’s Different This Time: Handling Nonprofit Staff Cuts under COVID-19 (April 1, 2020) Jeanne Bell and Steve Dubb, The Nonprofit Quarterly
5 Tips for California Employers Facing COVID-19 Concerns (March 23, 2020) Katherine S. Catlos, Esq. - Coronavirus: Employment Law Considerations and Practical Guidance for Employers (March 10, 2020) Paul, Weiss, Rifkind, Wharton & Garrison LLP