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With signs that the virus is peaking in the US, and with some state Shelter-in-Place Orders scheduled to be lifted in the coming weeks, employers are turning their attention to planning for how best to bring employees back to work.

As with the initial outbreak, US employers can look to other corners of the world that are ahead of us in terms of the curve of the virus to help construct a blue print for reopening. As some countries scale back restrictions and start returning to daily life, the transition is purposefully gradual in an effort to safeguard against a second spike of infections. So, what should a US employer be focusing on as it strives to achieve a necessary balance between maintaining a safe workplace and putting people back to work?

There are eight key considerations employers must address in planning to reopen the workplace. A US employer’s “playbook” for reopening should include a “chapter” on each topic as outlined below. While we provide a table of contents and high level advice here, stay turned for articles from our team in the coming days and weeks that will take a deeper dive into some of these areas.

Click here to continue reading our playbook with advice on key considerations like:

  1. Government Orders
  2. Timing
  3. Workplace Safety & Prevention Strategies
  4. Testing & Health Screening
  5. Managing Employee Concerns
  6. Workforce Communication
  7. Labor Agreements
  8. Litigation Mitigation
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Are They Right For You?

As the COVID-19 pandemic continues to wreak havoc on the global economy, United States employers are continuing to examine ways to reduce costs while at the same time both limiting the financial impact on employees and preserving their ability to ramp back up when circumstances allow. State short time compensation programs, also known as work share programs, provide one avenue for cost savings that may be appropriate for some employers.

Where available, these programs provide pro-rated unemployment compensation benefits to groups of workers whose hours are reduced by their employer on a temporary basis in lieu of layoffs. In addition, the recently passed Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) provides a federally-funded $600 per week unemployment compensation supplement to those who participate in such programs through July 31, 2020.

This Alert provides additional details about state short time compensation programs and answers frequently asked questions about the pros and cons of participation.

Where are short time compensation programs available?

Currently, the following 27 jurisdictions have short time compensation programs in place: Arizona, Arkansas, California, Connecticut, District of Columbia, Florida, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Washington and Wisconsin. The CARES Act provided federal funding for other states to enact short time compensation programs, so additional states may do so in the near term.

Continue Reading Short Time Compensation (Work Share) Programs

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With our thanks to Chris Guldberg for this post. 

The financial fallout from the outbreak of COVID-19 has unfortunately forced employers to turn to layoffs and furloughs. Many employers facing these decisions are looking for cost effective ways to mitigate the financial impact on affected employees. A supplemental unemployment benefit plan (“SUB Plan”) may be one way to assist employees while generating some cost savings for the company.

A SUB Plan is a unique type of severance benefit plan that permits employers to supplement state unemployment benefits on an employment tax-favored basis. The employer can make up the difference between an employee’s normal wages and state unemployment benefits and, unlike traditional severance, payments under a SUB Plan are treated as a benefit rather than wages and are thus not subject to FICA or FUTA for the employer or employee.

Continue Reading An Alternative to Traditional Severance: SUB Plans

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On Monday, we reported the Illinois Workers’ Compensation Commission’s (IWCC) Emergency Rule that expanded eligibility requirements for workers’ compensation benefits. On April 16, 2020, however, the IWCC, approved changes to the Emergency Rule effective immediately. The Amendments:

  • Confirm the Emergency Rule will last 150 days and will not expire prior to this period.

Continue Reading Illinois Workers’ Compensation Commission Issues Emergency Amendments Clarifying the New Rule

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In the wake of the global pandemic, many companies need to take quick action to reduce costs. This 40 minute webinar, co-hosted by the ACC Southern California Chapter, outlines the various cost-cutting strategies available to employers in the US, and walk participants through the major considerations necessary to minimize legal risk. Our speakers discuss how best to reduce labor costs while maintaining flexibility to restart normal business operations.

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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

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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

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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 a patchwork of paid sick leave laws.

Now as the COVID-19 pandemic increases the economic strain on employees unable to work due to the crisis, state and local authorities are trying to ease the burden by implementing new supplemental paid leave requirements. Because FFCRA’s emergency paid sick and family leave requirements do not preempt any state or local paid leave mandates, employers must coordinate the new federal paid leave rights with state and local mandates.

Click here to view a summary of notable changes in several key jurisdictions including, California (Los Angeles, San Francisco and San Jose), Colorado, New Jersey, New York. and Washington (Seattle).

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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

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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, Act and similar state mini-WARN Acts.

The federal WARN Act requires employers to provide 60 days’ advance notice to covered employees, unions and government officials prior to a plant closing, mass layoff or relocation at a single site of employment. State mini-WARN laws contain separate and distinct requirements from the federal WARN Act that are easy to overlook.

Click here to continue reading this informative Article including if your company is subject to WARN, mini-WARN statutes, a triggering event, exceptions to the WARN Act notice period, and immediate next steps for employers.

This Article originally appeared in Law360.