Articles by Editorial Staff

August 24, 2020
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Department of Labor Issues Rule Providing Access to Agency Guidance

On August 21st, 2020, the U.S. Department of Labor (DOL) announced the publication of its Promoting Regulatory Openness through Good Guidance Rule (PRO Good Guidance Rule). The rule, which implements Executive Order 13891 (Promoting the Rule of Law through Improved Agency Guidance Documents) seeks to create fairer procedures for the issuance and use of regulatory guidance at the DOL. The releas...
August 21, 2020
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Guidance Released on Employers’ Obligations to Track Teleworker Hours

Since the beginning of the global COVID-19 pandemic, many employers have started telework arrangements with their workers. These arrangements have included allowing workers to work from home to meet government stay-at-home and social distancing orders. On August 24th, 2020, the U.S. Department of Labor’s (DOL’s) Wage and Hour Division (WHD) issued guidance entitled Field Assistance Bulletin 202...
August 19, 2020
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Following Notice Requirements with a Remote Workforce

On August 17th, 2020, the website HR Dive published a question from an employer regarding an issue that many workplaces are currently facing. More specifically, the employer stated that their entire company is working remotely during the COVID-19 pandemic; do they still have to follow government agency notice requirements? Posting Notices During COVID-19 Even though employees may be working f...
August 17, 2020
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Employer to Pay Back Wages for Violation of COVID-19 Paid Sick Leave

Even during the COVID-19 pandemic, the U.S. Department of Labor’s Wage and Hour Division (WHD) is reminding employers that they are still enforcing the current wage and hour laws and regulations. These laws include newly enacted legislation, such as the Families First Coronavirus Response Act (FFCRA). One such example involves the operator of a McDonald’s franchise restaurant in Louisville, Ken...
August 14, 2020
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CDC Updates COVID-19 Industry Guidance Library

Ever since the COVID-19 outbreak was declared a global pandemic in March 2020, the Centers of Disease Control and Prevention (CDC) has released over 160 guidance documents aimed to educate readers on ways to try to prevent the spread of the disease. Containing such information ranging from business operational considerations to guidance for safe practices, the CDC has created a guidance documen...
August 13, 2020
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Updated Paycheck Protection Program Guidance Released

On August 11th, 2020, the U.S. Small Business Administration (SBA) and United States Treasury issued joint guidance answering some questions that employers have had recently on specific coronavirus measures including the federal Paycheck Protection Program (PPP). This resource builds upon guidance previously released in April 2020, and then later updated on August 4th.  Updated FAQ Content In...
August 12, 2020
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Trump Signs Four COVID-Related Executive Orders

In response to the perceived stalemate between the U.S. Senate and Congress on the extension of unemployment benefits and other provisions of the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act or Act), President Donald J. Trump issued an Executive Order and three Memoranda (known collectively as the “Executive Orders”) to his Cabinet and Executive Agency providing or exte...
August 11, 2020
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EEOC Releases Guidance Clarifying Employee Opioid Use

On August 5th, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) issued a guidance document to address concerns about the employment provisions of the Americans with Disabilities Act (ADA) and the current opioid epidemic. Guidance Summary While making it clear that current illegal drug use does not qualify as a covered disability, the guidance clarifies that individuals who lawful...
August 10, 2020
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Employees Refusing Work for Safety Reasons Might Get Unemployment

On July 21st, 2020, the U.S. Department of Labor’s Employment and Training Administration office (ETA) released an advisory letter for employers containing frequently asked questions and answers surrounding the Coronavirus Aid, Relief, and Economic Security Act of 2020 (CARES Act or Act). The new guidance contains an instruction that an employee who refuses to work because of COVID-19 health or...
August 5, 2020
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California Releases COVID-19 “Playbook” for Reopening Businesses

Following the July 24th release of their guidance entitled “COVID-19 Employer Playbook For a Safe Reopening,” the California Department of Public Health (CDPH) has updated a 32-page document to help California employers plan and prepare for reopening their businesses and to support a safe, clean environment for workers and customers. Summary of the Guidance The main focus of the update is to ...