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FortneyScott’s May 18, 2020 COVID-19 Weekly Briefing – Responding to Key Legal Challenges Employers Face

REGISTER HERE to join FortneyScott’s complimentary COVID-19 Weekly Briefing on Monday, May 18th  from noon to 1:00 pm ET.  

During this Weekly Briefing, FortneyScott’s attorneys will discuss the most recent developments and updates, and also address some of the key legal challenges that employers are facing, including:

  • Liability claims and possible legal safe harbors that are being debated;
  • Wage and hour compliance challenges, including whether temperature checks and additional pre- and post-work COVID-related activities are compensable, and exempt employee considerations;
  • Layoffs for employees that are not being called back, including WARN obligations and best practices to minimize disparate impact claims under Title VII; and,
  • Administering the new paid sick and family obligations.

This briefing is the eighth in the weekly series that FortneyScott offers to inform and assist employers in responding to the COVID-19 pandemic.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com

Previous FS Weekly Briefings

If you were unable to attend the earlier FS Weekly Briefings, you can access them below.

View FS May 11 Weekly Briefing Discussion with Special Guest Speaker from J&J on what steps have been taken for their workforce and maintaining its focus on diversity and inclusion during the pandemic.

View FS May 4 Weekly Briefing Review of the legal and practical issues that will arise when employers re-open their businesses.

View FS April 27 Weekly Briefing Overview of the operational changes and key developments from the federal agencies governing the workplace in response to the pandemic.

View FS April 20 Weekly Briefing – Providing an overview of the new Federal Guidelines, Federal Agency developments, and addressing FAQs.

View FS April 13 Weekly Briefing – Addressing legal and HR challenges in the current workplace.

View FS April 6 Weekly Briefing – Providing an update on key developments and the new and expanded unemployment benefit provisions under the PUA and FPUC.

View FS March 30 Weekly Briefing – Addressing the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

FortneyScott is based in our nation’s capital, and we are staying on top of the rapid developments relating to the Coronavirus.  We are continuing to advise our clients and to assist the employer community in successfully addressing the COVID-19 pandemic challenges that employers are facing.

FortneyScott’s May 11, 2020 COVID-19 Weekly Briefing – What Employers Are Doing to Reopen

REGISTER HERE to join FortneyScott’s complimentary COVID-19 Weekly Briefing on Monday, May 11th  from noon to 1:00 pm ET.  

During this Weekly Briefing, FortneyScott’s attorneys and WorkPlace HR’s consultant will be joined by Sharon Fronabarger, Head of Diversity & Inclusion with Johnson & Johnson, who will discuss how J&J is balancing working during the pandemic and its long-time focus on diversity and inclusion with its internal and external stakeholders.  We also will provide updates on key legislative and policy developments impacting the workplace, and address your most frequently asked questions.  This briefing is the eighth in the weekly series that FortneyScott offers to inform and assist employers in responding to the COVID-19 pandemic.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com.

Previous FS Weekly Briefings

If you were unable to attend the earlier FS Weekly Briefings, you can access them below.

View FS May 4 Weekly Briefing Review of the legal and practical issues that will arise when employers re-open their businesses.

View FS April 27 Weekly Briefing Overview of the operational changes and key developments from the federal agencies governing the workplace in response to the pandemic.

View FS April 20 Weekly Briefing – Providing an overview of the new Federal Guidelines, Federal Agency developments, and addressing FAQs.

View FS April 13 Weekly Briefing – Addressing legal and HR challenges in the current workplace.

View FS April 6 Weekly Briefing – Providing an update on key developments and the new and expanded unemployment benefit provisions under the PUA and FPUC.

View FS March 30 Weekly Briefing – Addressing the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

FortneyScott is based in our nation’s capital, and we are staying on top of the rapid developments relating to the coronavirus.  We are continuing to advise our clients and to assist the employer community in successfully addressing the COVID-19 pandemic challenges that employers are facing.

FortneyScott’s May 4, 2020 COVID-19 Weekly Briefing – Returning to Work: What Employers Are Asking

REGISTER HERE to join FortneyScott’s complimentary COVID-19 Weekly Briefing on Monday, May 4th from noon to 1:00 pm ET.  

During this Weekly Briefing, the FortneyScott attorneys will focus on the many legal and practical issues that will arise when employers re-open their businesses, such as, who to bring back? how to protect them? what if some refuse? is there liability if workers become sick?  The legal obligations of OSHA, the EEO laws, labor–management laws, and others will be examined.  As with our other Briefings, we also will provide updates on key legislative and policy developments impacting the workplace, and address your most frequently asked questions.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com.

Previous FS Weekly Briefings

If you were unable to attend the earlier FS Weekly Briefings, you can access them below.

View FS April 27 Weekly Briefing  Overview of the operational changes and key developments from the federal agencies governing the workplace in response to the pandemic.

View FS April 20 Weekly Briefing – Providing an overview of the new Federal Guidelines, Federal Agency developments, and addressing FAQs.

View FS April 13 Weekly Briefing – Addressing legal and HR challenges in the current workplace.

View FS April 6 Weekly Briefing – Providing an update on key developments and the new and expanded unemployment benefit provisions under the PUA and FPUC.

View FS March 30 Weekly Briefing  Addressing the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

FortneyScott is based in our nation’s capital, and we are staying on top of the rapid developments relating to the coronavirus.  We are continuing to advise our clients and to assist the employer community in successfully addressing the COVID-19 pandemic challenges that employers are facing.

Register for FortneyScott’s April 27, 2020 COVID-19 Weekly Briefing Returning to Work under the Federal Guidelines

REGISTER HERE to join FortneyScott’s complimentary COVID-19 Weekly Briefing on Monday, April 27 from noon to 1:00 pm ET.  

During this Weekly Briefing, the FortneyScott attorneys and WorkPlace HR consultant will focus on the evolving issues employers face in planning for their employees to return to work. On April 16, the President announced Guidelines that include three phases for “Opening Up America Again.” The next Weekly Briefing will focus on preparing for Phase One under the new Guidelines.  We will address best practices for compliance with the President’s and the CDC’s guidelines, including social distancing plans, temperature checks, and contact tracing.  As with our other Briefings, we also will provide updates on key legislative and policy developments impacting the workplace, and address FAQs.

If you have any questions that you would like to have addressed during the Weekly Briefing, please submit those via email to info@fortneyscott.com.

Previous FortneyScott Weekly Briefings

If you were unable to attend the earlier FS Weekly Briefings, you can access them below.

View FS April 20 Weekly Briefing – Providing an overview of the new Federal Guidelines, Federal Agency developments, and addressing FAQs.

View FS April 13 Weekly Briefing – Addressing legal and HR challenges in the current workplace.

View FS April 6 Weekly Briefing – Providing an update on key developments and the new and expanded unemployment benefit provisions under the PUA and FPUC.

View FS March 30 Weekly Briefing – Addressing the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

FortneyScott is based in our nation’s capital, and we are staying on top of the rapid developments relating to the coronavirus.  We are continuing to advise our clients and to assist the employer community in successfully addressing the COVID-19 pandemic challenges that employers are facing.

Register for FS April 20 COVID-19 Weekly Briefing – Key Federal Agency Developments and FAQs

REGISTER HERE to join FortneyScott’s complimentary COVID-19 Weekly Briefing on Monday, April 20 from noon to 1:00 pm ET.  

During this Weekly Briefing, FortneyScott will provide an overview of the operational changes and key developments during the pandemic by the federal agencies governing the workplace.  We will also discuss the latest updates and address the most frequently asked questions.  If you have any questions that you would like to have addressed during the Weekly Briefing, please submit via email to info@fortneyscott.com.

Previous FS Weekly Briefings

If you were unable to attend the earlier FS Weekly Briefings, you can access them below.

View FS April 13 Weekly Briefing – Addressing legal and HR challenges in the current workplace.

View FS April 6 Weekly Briefing – Providing an update on key developments and the new and expanded unemployment benefit provisions under the PUA and FPUC.

View FS March 30 Weekly Briefing – Addressing the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts.

Please forward this information to those in your organization who could benefit from these Weekly Briefings.

FortneyScott is based in our nation’s capital, and we are staying on top of the rapid developments relating to the coronavirus.  We are continuing to advise our clients and to assist the employer community in successfully addressing the COVID-19 pandemic challenges that employers are facing.

EEOC Suspends the Issuance of Right-to-Sue Letters During Pandemic

EEOC has temporarily paused closing its investigations during the current COVID-19 pandemic, and also suspended the issuance of right-to-sue letters.  The agency had quietly taken steps beginning on March 21, 2020 to safeguard charging parties’ rights during the pandemic.  According to published reports, EEOC chose to publicize that it has suspended closing investigations of charges or issuing right-to-sue letters unless requested by a charging party following the agency’s receipt of a letter by more than 80 employee advocates.

Under Title VII of the Civil Rights Act, employees have 90 days in which to file a lawsuit in federal district court after they receive a right-to-sue letter from the EEOC. Although the EEOC has not published guidance for employees of private employers, it has provided updated guidance for federal agencies and their employees. For employers that typically monitor the 90-day period following the issuance of a right-to-sue letter to determine whether unresolved EEOC charges and investigations will result in litigation, the EEOC’s suspension extends the period of uncertainty for employers to know whether they will face litigation claims on these pending EEOC matters.

Register for FS April 13 COVID-19 Weekly Briefing – Legal and HR Challenges in the Workplace

FS’s Next Weekly Briefing – Legal and HR Challenges

To register for FS’s complimentary COVID-19 Weekly Briefing on April 13, please REGISTER HERE.

Employers face a multitude of legal and HR challenges in successfully managing the workforce while navigating the multiple state and local restrictions and understanding the newly enacted legislation in response to the COVID-19 pandemic. It now is more important than ever that employers ensure that their employment policies and HR practices are up to date and effectively implemented. Join FortneyScott and WorkPlace HR for our COVID-19 Weekly Briefing on Monday, April 13 from noon to 1:00 pm ET as we address the legal and HR challenges, including:

  • Strategies for successfully implementing the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts;
  • Best practices for effectively managing workers working from home, including tracking hours worked and monitoring performance;
  • Understanding the employers’ duties to provide a safe workplace, and responding to employee concerns relating to the workplace and the health of other workers; and
  • The critical role for legal and HR in implementing new legislation and regulations, and working with the employers’ key stakeholders.

Our subject matter specialists, including a highly experienced employment lawyer and HR consultant, will provide helpful tips and practical insights.

Previous FS Weekly Briefings

If you were unable to attend our previous FS Weekly Briefings, you can access them below.

View FS March 30 Weekly Briefing – Topics included the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts.

View FS April 6 Weekly Briefing – Topics included a brief update on key developments and new and expanded unemployment benefit provisions under the PUA and FPUC.

FortneyScott’s COVID-19 Weekly Briefings and Employer Help Desk

As a reminder, FortneyScott has expanded its professional services to aid our clients in responding to the COVID-19 pandemic.

Weekly Briefings

Our next FS Weekly Briefing will be on Monday, April 6. FortneyScott attorneys will provide an update on the new key developments affecting the workplace, including a review of the new and expanded unemployment benefit provisions (Pandemic Unemployment Assistance (PUA) and Federal Pandemic Unemployment Compensation (FPUC)). If you are interested in participating in FS’s Weekly Briefings, please REGISTER HERE. 

On March 30, we presented the new federal paid sick and family leave enacted in the Family Friendly and CARES Acts. If you missed FS’s March 30 Weekly Briefing, you can watch it by CLICKING HERE.

The FS Weekly Briefings are complimentary and will continue to be held on Mondays from 12:00 noon to 1:00 PM (Eastern). Our attorneys and HR consultants will address the leading workforce issues, including compliance with new legislation, managing leaves of absence, workplace safety, EEO/ADA issues, layoffs and furloughs, implementing new HR policies, and related issues. The Briefings also will provide a forum for employers to ask questions and share insights about the issues they are facing.

FortneyScott’s COVID-19 Employer Help Desk

FortneyScott has assembled attorneys and HR consultants to provide efficient, effective services on a fixed fee basis through the FS COVID-19 Employer Help Desk. The Help Desk services can be tailored to supplement and aid employers’ legal, HR, and compliance teams that are addressing the significant legal and practical challenges as the COVID-19 pandemic continues to evolve. Please contact your FortneyScott attorney or e-mail FortneyScott for more information on how the Help Desk can assist you and your team in addressing COVID-19 challenges.

Please forward this information to those in your organization who also could benefit from these expanded professional services.

We are here in our nation’s capital, staying on top of the rapid developments surrounding the coronavirus. We will continue to work with our clients to successfully address the COVID-19 pandemic challenges that employers are facing.

New Nominations to EEOC and NLRB

President Trump is expected to nominate DC lawyer, Andrea Lucas, and re-nominate Labor Department official, Keith Sonderling, for Republican seats on the Equal Employment Opportunity Commission, and civil rights attorney, Jocelyn Samuels, for a Democratic seat.  This will return the Commission to full membership.

The White House will also name former NLRB member Lauren McFerran (D) and current member Marvin Kaplan (R) for new, five-year terms on the NLRB.

These nominations will retain Republican majorities on both independent bodies but do not appear intended to affect the high-level of partisan discord on them.

The EEOC’s Component 2 Has Been Closed

The Equal Employment Opportunity Commission’s initial attempt at a uniform collection of race and gender pay data from U.S. businesses has been closed by Judge Tanya S. Chutkan of the U.S. District Court for the District of Columbia. The Judge’s Order was issued today, February 10, 2020. Nearly 90% of employers have submitted data to the EEOC.

The Order ends what had a been a controversial and chaotic process – known as Component 2 of the EEO-1 – which required employers to submit aggregated compensation data to the EEOC. The stated goal was to address the “pay gap” for women and minorities, but debate continues as to the efficacy of the data and the ability of the agency to put the data to a meaningful use. Questions about the security of the data have not ceased.

The EEOC must file a final status report on February 14, 2020 and must retain all the submissions as required by federal law governing records retention. However, both EEOC and OMB are pursuing their appeals, challenging Judge Chutkan’s decisions requiring that the agency continue collecting data beyond its original period.