On October 2, 2020, the Michigan Supreme Court (“Court”) ruled that Governor Gretchen Whitmer (“Governor”) lacked authority to continue issuing COVID-19 related executive orders and/or extend Michigan’s emergency declaration past April 30, 2020. In the aftermath of the Court’s decision, employers and residents were left...
As we reported in our e-mail dated August 13, 2020, the Southern District of New York recently invalidated certain portions of the regulation interpreting the Families First Coronavirus Response Act (“FFCRA”) – at least for employers within that court’s jurisdiction. In response to the court’s...
The Families First Coronavirus Response Act (“FFCRA”) was designed to provide employees with emergency paid sick leave and expanded family and medical leave related to COVID-19. In order to quell confusion stemming from the FFCRA’s implementation, the United States Department of Labor (“DOL”) promulgated regulations...
The Occupational Safety and Health Administration (OSHA) issued new guidance on May 19, 2020, that requires employers to determine whether employees contracted COVID-19 at the workplace. The new guidance is effective May 26, 2020, and requires employers to record cases of COVID-19, if: The case is...
The Worker Adjustment and Retraining Notification (WARN) Act requires covered employers to provide written notice at least 60 days prior to a “plant closing” or “mass layoff” if certain criteria are met. The purpose of the WARN Act is to ensure that state governments can...
Many local health departments have established rules placing health and safety requirements on businesses amidst the COVID-19 pandemic. These local rules may seem at first blush to be similar to those established by state or federal agencies, but it is important to understand that they...
On April 9, 2020, the Centers for Disease Control (“CDC”) issued updated guidance providing that critical infrastructure workers may continue to work after “potential exposure” to COVID-19 if they remain asymptomatic and take additional precautions to protect themselves and the community. “Potential exposure” is defined...
As a quick recap, the Emergency Paid Sick Leave Act (the “EPSLA”), included in the Families First Coronavirus Response Act (the “FFCRA”), states that an employer shall provide an employee with paid sick time if the employee is unable to work or telework because the...
On April 3, 2020, Governor Whitmer issued Executive Order 2020-36 (the “Order”) providing employees the right to stay home from work in connection with the coronavirus. Specifically, the Order prohibits employers from “discharging, disciplining, or retaliating against” employees who choose to stay home from work...
Late yesterday, the United States Department of Labor issued a temporary rule concerning both the Families First Coronavirus Response Act (“FFCRA”) and the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). It can be found here: https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf While government rules and regulations are not the legal equivalent of statutory...