One acted swiftly and thoughtfully, the other acted slowly and clumsily. That is the difference between New Hampshire and Massachusetts when developing eviction and foreclosure bans. Both are now in effect, giving at least a measure of protection for some people in both states, but improvements can be made to protect more people now to … Read more
Recent EEOC guidance from April 17, 2020 provided additional information about providing reasonable accommodations for disabilities, addressing harassment, and returning employees to wor k in the era of COVID-9. This EEOC guidance provides critical insights for employers to be sure they are complying with anti-discrimination laws enforced by the EEOC, including for example the Americans … Read more
After passing a $2 Trillion package in March, on April 21, 2020, the Senate unanimously passed another bill (the Paycheck Protection Program and Health Care Enhancement Act) which provides almost $500 Billion in new funding for COVID-19 related relief. The vast majority of the money appropriated in the bill will go to small businesses hit … Read more
Less than a month after Hooters laid off over 700 workers in Florida, two of those laid off filed an action in federal court seeking class certification and damages for an alleged failure to comply with the WARN Act. While the suit has questionable legal basis, it should raise concerns about the legal landscape for … Read more
The EEOC has published updated guidance on managing your workforce during the COVID19 pandemic. In a revised set of FAQs, the EEOC covered a number of issues, such as: Can you require sick employees to stay at home? (Yes) Can you require a doctor’s note? (Yes, but you may need to be flexible on this … Read more
The Supreme Court held yesterday in Babb v. Wilkie that the plain meaning of the ADEA demands that personnel actions concerning federal government employees be untainted by any consideration of age. Typically, in private sector employment, a plaintiff can prevail in an age discrimination case by showing that age discriminatory animus was the “but for” … Read more
The Treasury is giving away money, potentially, under the CARES Act Payroll Protection Program outlined in Title I of the CARES Act, sections 1102 and 1106 in particular. Things change daily, if not hourly. What started as 4% loans became .5% loans and are now 1% loans, all potentially forgivable if proceeds are used for … Read more
The onset of coronavirus has changed just about everything we all took for granted as “normal.” Employers have been forced to make critical decisions in short-order to respond to this public health crisis, all the while trying to balance supporting their employees and sustaining the viability of their businesses. At the same time, employers also … Read more
It finally happened. The new law is here and with it, hopefully, at least a measure of relief. Here is a link to the House bill passed moments ago: https://apps.npr.org/documents/document.html?id=6819239-FINAL-FINAL-CARES-ACT The package is much as has already been reported, including: Emergency Funding to Contain the Covid19 Outbreak: $340 Billion to go to hospitals, FEMA, the … Read more
As most people already know, just over a week ago, Congress passed the Families First Coronavirus Response Act (FFCRA or Act). Generally, it requires employers with fewer than 500 employees (“covered employers”) to provide their employees with 1) paid sick leave and/or 2) expanded family and medical leave, for specified reasons related to coronavirus, with … Read more