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Due to the coronavirus and the resulting travel restrictions, many foreign nationals may be unwilling or unable to return to their home country. This unfortunate reality is particularly problematic for foreign nationals whose immigration status may be expiring in the near future and are unable to extend their status. Thus far, the U.S. Department of Homeland Security has issued no policies or other guidance granting widespread relief for foreign nationals with upcoming immigration status expirations. Nevertheless, if a foreign national’s immigration status is expiring in the near future, there are a few actions that can be taken at this time.

Contact the Nearest Embassy or Consulate for Your Home Country

Foreign nationals should first contact the nearest Embassy or Consulate of their home country to determine if any assistance is being provided by their home country to similarly positioned travelers. A foreign national’s home country may have options for returning to the foreign national’s home country that are only available to citizens. These kinds of options may offer the best chance to return to the foreign national’s home country in the short term.Continue Reading Options Available to the ‘Stranded’ Traveler in the US

On Monday, April 13, 2020, with less than 24 hours’ notice, the Illinois Workers’ Compensation Commission issued an emergency ruling (the “Rule”) expanding eligibility requirements for workers’ compensation benefits. Under the Rule, which will last a maximum of 150 days, certain categories of workers who claim to have been exposed to or who have contracted COVID-19 because of their job are automatically presumed to be telling the truth so they can receive workers’ compensation benefits. Prior to the ruling, Illinois employees injured on the job needed to prove their injury or illness was directly caused by their work.

The Rule only applies to proceedings before the Commission brought by workers specifically identified by the Rule:Continue Reading COVID-19 Exposure or Diagnosis May Make Some Employees Automatically Eligible for Illinois Workers’ Compensation Benefits

We recently covered the new paid sick and family leave requirements under the Families First Coronavirus Response Act (FFCRA) here. The FFCRA marks the first time Congress required federal paid leave for private sector workers. That is not the case at the state and municipal level, where for years, employers have had to navigate…

In jurisdictions across the country — especially COVID-19 “hot spots” — courts have entered emergency orders suspending trials and hearings, tolling the statute of limitations, and shuttering their doors to conducting anything but the most essential business. Non-essential hearings — including hearings related to non-emergency civil matters — are being conducted through Zoom and Skype to continue court proceedings without violating shelter-in-place orders and social distancing guidelines. In jurisdictions where shelter-in-place orders consider certain “legal services” as essential businesses which must remain open, those partaking must still abide by social-distancing guidelines (including six-foot spacing, and not gathering in groups of more than a minimal number such as 5 or 10), which can make something as routine as taking in-person depositions impossible. At the same time, businesses are reeling from the economic impact of COVID-19, and may find it beneficial to slow the pace of pending litigation. Responding to interrogatories, culling through thousands of emails to find responsive documents, and taking the time to prepare for depositions may not be front-of-mind for businesses simply trying to focus on retaining employees and staying afloat.
Continue Reading Emergency Court Rules for COVID-19 Slows Litigation and Provides Choices for Businesses

Unfortunately, the economic fallout of the COVID-19 pandemic is forcing employers to implement a range of cost-cutting measures — furloughs, temporary office and location closings, and layoffs. As employers continue to adjust operations during these extraordinary times, it is essential to remember the notice obligation under the federal Worker Adjustment and Retraining Notification, or WARN, …

As we reported previously, on March 27, 2020, the Los Angeles City Council passed an ordinance requiring large employers to provide emergency supplemental paid sick leave to employees affected by COVID-19 who work in the city limits. The ordinance was set to take effect upon signing by Mayor Eric Garcetti as emergency legislation.

However, last night, Mayor Garcetti returned the ordinance to the City Council unsigned, instead issuing a Public Order requiring paid sick leave under his emergency authority. Mayor Garcetti applauded the City Council for passing a supplemental paid sick leave ordinance, but found that the ordinance as drafted needed modification to strike a better balance between helping workers who will likely suffer through layoffs if the City imposes excessive burdens and costs upon businesses, and ensuring that City regulations do not unintentionally cause staffing shortages at hospitals and critical health facilities during the pandemic. The Mayor’s Public Order supersedes the March 27 City Council ordinance, and will remain in effect until two calendar weeks after the expiration of the COVID-19 local emergency period.

The Public Order is available here, and we have summarized its key provisions below. It creates new exemptions for employers with more generous leave programs, and gives credit for paid leave during closures.

Covered Employers, Employees and Required Leave

The Public Order applies to employers with (i) 500 or more employees within the City of Los Angeles or (ii) 2,000 or more employees within the United States.  Employers who do not meet these criteria are not required to provide sick leave – a change from the City Council ordinance that would have applied to employers with 500 or more employees anywhere in the U.S.Continue Reading Los Angeles Mayor Issues Executive Order Modifying LA Emergency Paid Sick Leave Ordinance

Government-imposed stay-at-home orders, essential business designations, the Families First Coronavirus Response Act, and employers’ duty to bargain under the National Labor Relations Act recently collided. To complicate matters, unions have proven very aggressive in their demands for information about employer’s responses to COVID-19.

Many unions have demanded decision bargaining over layoffs, or changes in health …

On March 31, SBA Administrator Jovita Carranza and Treasury Secretary Steven T. Mnuchin announced that the SBA and Treasury Department have initiated a “robust” mobilization effort of banks and other lending institutions to provide small businesses with $349 billion in much-needed capital pursuant to the Paycheck Protection Program, established by the Coronavirus Aid, Relief, and…

With special thanks to Teresa Michaud and Sara Pitt for contributing.

Revised Health Orders were handed down yesterday across the Bay Area (Alameda, Contra Costa, Marin, Santa Clara, San Francisco, San Mateo, and Berkeley Counties), intended to “clarify, strengthen, and extend” the terms of the prior shelter-in-place orders. Each supersedes its prior order, and provides that the county order is intended to implement more stringent county-level restrictions, to complement the “baseline statewide restrictions” set by Governor Newsom’s Executive Order. In addition, where a conflict exists between the county order and any state public health order, “the most restrictive provision controls,” unless the State Health Officer formally determines that a given provision is a public nuisance.

Under the new orders, “Essential Businesses” remain “strongly encouraged” to remain open, but should maximize the number of employees working from home, and may only require employees to work on-site if their duties cannot be performed from home.

Most importantly, the revised county orders require that businesses that include an essential component, along with non-essential components, must (to the extent feasible) scale down their operations to the essential business component only. In addition, “Essential Businesses must follow industry-specific guidance issued by the Health Officer related to COVID-19.”Continue Reading Revised Bay Area Health Orders Clarify, Extend, and Strengthen Prior Shelter-in-Place Orders

We hope that you, your families and colleagues are safe and doing well. We know these are difficult and challenging times for everyone, including US employers.  As always, we are here to help you navigate the complexities of our current — and quickly changing — environment.

Click here to view our 40-minute on-demand webinar —…