Coronavirus

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As the global economy begins to reopen, employers must now plan for the complex issues presented by mobile employees. During this 25-minute moderated discussion focused on Spain, the Netherlands and the UK, our Global Immigration & Mobility lawyers from Madrid, Amsterdam & London explore the current landscape and anticipated challenges employers will face with business…

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The governors of Mississippi, South Carolina and Vermont extended their state’s shelter in place orders.
  • Several states have entered or

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We hope you have found our video chat series helpful and informative. We are continuing this series of quick and bite-sized video chats, where our employment partners team up with practitioners in various areas of law to discuss the most pressing issues for employers navigating the return to work. Each 15-minute Q&A session offers targeted…

On June 10, the Occupational Safety and Health Administration (OSHA) released new guidance, in the form of frequently asked questions and answers, regarding the use of masks in the workplace.

The new guidance outlines the differences between cloth face coverings, surgical masks and respirators. It further reminds employers not to use surgical masks or cloth face coverings when respirators are needed. In addition, the guidance notes the need for social distancing measures, even when workers are wearing cloth face coverings, and recommends following the Centers for Disease Control and Prevention’s guidance on washing face coverings. (For our FAQ on face coverings, click here.)

Importantly, the new guidance is not a standard or regulation, and it creates no new legal obligations. It contains recommendations as well as descriptions of mandatory safety and health standards. OSHA states that the “recommendations are advisory in nature, informational in content, and are intended to assist employers in providing a safe and healthful workplace.”

We’ve copied the most helpful OSHA FAQs here and underlined pertinent language for emphasis:

Are employers required to provide cloth face coverings to workers?

Cloth face coverings are not considered personal protective equipment (PPE) and are not intended to be used when workers need PPE for protection against exposure to occupational hazards. As such, OSHA’s PPE standards do not require employers to provide them.Continue Reading OSHA Guidance on Wearing Masks in the Workplace

We hope you found our first three weeks of video chats to be helpful and informative. Due to popular demand, we are continuing this series of quick and bite-sized video chats, where our employment partners team up with practitioners in various areas of law to discuss the most pressing issues for employers navigating the return…

US employers are rethinking how and where their employees work as a result of COVID-19 and shelter in place orders. Whether your company is considering rolling out telecommuting options for the first time or has allowed telecommuting for years, setting expectations and establishing clear guidelines is critical for your workforce.

Here are 10 key ingredients…

Not surprisingly, summer internships look a bit different this year. Some are cancelled outright, others cut short, and many are virtual. Amidst these changes, we know employers have more than a few questions . . .

Q. If my company is cancelling its planned summer internship, do we have to provide any cash compensation?

A. Not unless there is a contract in place to do so. Nonetheless, we’ve seen a number companies offer to pay a portion of the expected wages (and a few very generous employers have sought to pay the entire amount).

Q. And, if we want to pay our intern some amount for the lost opportunity, do we have to put them on the payroll?

A. Yes. The IRS takes the position that, from a tax perspective, paying any amount, in lieu of wages to a prospective employee who is never actually employed is nonetheless wage income subject to income tax withholding, social taxes, etc. Some employers are a little stumped by how they can set somebody up on the payroll just to make this one lonesome payment. But, it is doable. It requires some administrative tasks like getting the required federal and state withholding forms and setting the person up in the employer’s payroll system. For federal purposes, the required form is the Form W-4 that an employee fills out during onboarding for a new job, which form will require the employee to provide a social security number (or other taxpayer identification number) and other information needed for the payment to be properly reported on Form W-2 and withheld upon.Continue Reading FAQs About Summer Internships During the Pandemic

On May 20, 2020, Chicago passed the “COVID-19 Anti-Retaliation Ordinance,” making it illegal for employers with employees in the City of Chicago to retaliate against employees who stay home: to follow public health orders related to COVID-19, to quarantine because of COVID-19 symptoms, or to care for an individual ill with COVID-19. Enacted as an amendment to Chicago’s Minimum Wage and Paid Sick Leave Ordinance, the Anti-Retaliation Ordinance prohibits employers from terminating, demoting, or taking other adverse action against employees who are unable to work for reasons related to COVID-19.

What do I need to know?

Under the Ordinance, an employer cannot terminate, demote, or take any other adverse action against an employee for obeying an order issued by Mayor Lightfoot, Governor Pritzker, or the Chicago Department of Public Health (or, in the case of subsections (2) through (4) below, a treating healthcare provider) requiring the employee to:

  1. Stay at home to minimize the transmission of COVID-19;
  2. Remain at home while experiencing COVID-19 symptoms or while being sick with COVID-19;
  3. Obey a quarantine order issued to the employee (to keep an employee who has come into contact with an infected person separate from others);
  4. Obey an isolation order issued to the employee (to separate an employee with COVID-19 from others); or
  5. Obey an order issued by the Commissioner of Health regarding the duties of hospitals and other congregate facilities.

In addition, an employer cannot take adverse action against an employee for caring for an individual subject to subsections (1) through (3) above.

The Ordinance became effective on May 20, 2020, and will expire (unless City Council intervenes) when the Commissioner of Public Health makes a written determination “that the threat to public health posed by COVID-19 has diminished to the point that [the] ordinance can safely be repealed.”Continue Reading Chicago Employers: Allow Your Employees to Obey COVID-19 Public Health Orders, or Else