Employer’s Guide To COVID-19 And Emerging Workplace Issues (Over 630 pages)

Employer’s Guide To COVID-19 And Emerging Workplace Issues (Over 630 pages)

$249.00

ELECTRONIC FORMAT ONLY INCLUDING UPDATES THROUGH 12/31/20

Authors: Richard J. Simmons, Brian D. Murphy, & Adam R. Rosenthal
Publisher: Castle Publications
Format: Electronic copy including updates through 12/31/20

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Description

Castle Publications is excited to announce the first definitive and comprehensive Employer’s Guide to COVID-19 and Emerging Workplace Issues, co-authored by Attorneys Richard J. Simmons, Brian D. Murphy, and Adam R. Rosenthal of Sheppard, Mullin, Richter & Hampton LLP.

This new Guide is the go-to resource for employers across the country. It addresses the choices employers have been forced to make under great pressure due to the pandemic. As the best forward-thinking resource in the country, it highlights the next phase of employment decisions that must be made when restarting businesses and reintegrating employees into the workforce. It describes key compliance issues that must be considered and anticipates problem areas that will lead to litigation. Employers must prepare to meet the “new normal.”

Castle’s new electronic book delves into the federal standards in each of its 15 substantive chapters. It also provides an in-depth discussion focused on California’s, New York’s and Illinois’ employment laws. It examines the paid sick leave rules in the Families First Coronavirus Response Act, the CARES Act, WARN rules and a range of substantive law issues in the wage and hour, employment discrimination, workplace safety, leaves of absence, unemployment insurance, workers’ compensation, and immigration fields. It also offers insights into what new workplaces will look like and employer vulnerabilities.

Among the numerous topics addressed are the following:

  • Communications and Crisis Messaging
  • CDC Guidance For Businesses and Employers
  • Wage and Hour Considerations
  • U.S. DOL Positions Regarding the FLSA and COVID-19
  • State and Federal WARN Requirements
  • Analysis of the Families First Coronavirus Response Act (FFCRA)
  • Paid Sick Leave and Tax Credit Rules
  • Discussion of the CARES Act and Employee Benefits
  • Leaves of Absence Before and After the FFCRA
  • Summary of the CARES Act
  • Unemployment Insurance Benefits
  • Employment Discrimination Considerations
  • Workplace Safety and OSHA Issues
  • Workers’ Compensation Issues
  • Immigration Issues
  • What Future Workplaces Will Look Like
  • Importance of Preparedness For the Next Generation of Essential Decisions
  • COVID-19 Contingency Planning
  • Employment Litigation Arising Out of the COVID-19 Pandemic

Table of Contents

CHAPTER 1          THE COVID-19 PANDEMIC

1.1                Introduction

1.2                The Importance Of Preparedness For The Next Generation Of Essential Decisions

1.3                The Scope Of The Issues Employers Must Address

1.4                Overview Of Publication

1.5                The CDC’s Critically Important Role

1.6                COVID-19 Legal Chronology

1.7                Abbreviations Used Throughout The Guide

CHAPTER 2          COMMUNICATIONS AND CRISIS MESSAGING

2.1                Introduction

2.2                How To Periodically Communicate To Employees During The Pandemic

2.3                What To Communicate To Employees During The Pandemic

2.4                When To Communicate To Employees During The Pandemic

CHAPTER 3          CENTERS FOR DISEASE CONTROL AND PREVENTION GUIDANCE

3.1                Introduction

3.2                COVID-19 Overview

3.3                CDC Guidance For Employers Regarding COVID-19

3.4                CDC Guidance And The Return To Work

3.5                CDC Industry Specific Recommendations And Recommendations For Critical Infrastructure And High Risk Employees

CHAPTER 4          WAGE AND HOUR CONSIDERATIONS

4.1                Introduction To Federal And State Wage-Hour Issues Raised By COVID-19

4.2                Wage And Hour Obligations For California Employers

4.3                Wage And Hour Obligations For New York Employers

4.4                Wage And Hour Obligations For Illinois Employers

4.5                U.S. DOL FAQs Re: The FLSA And COVID-19

CHAPTER 5          STATE AND FEDERAL WARN REQUIREMENTS

5.1                Introduction

5.2                The Federal Worker Adjustment And Retraining Notification Act (“Federal WARN”)

5.3                California’s Mass Layoff And Termination Law

5.4                The New York WARN Act

5.5                The Illinois WARN Act

CHAPTER 6          THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT

6.1                The Initial Congressional Response To The COVID-19 Pandemic

6.2                Structure And Enforcement Of The FFCRA

6.3                The Emergency Family And Medical Leave Expansion Act

6.4                The Emergency Paid Sick Leave Act

6.5                Considerations Under Both The Emergency-FMLA And EPSLA Provisions Of The FFCRA

6.6                Tax Credit Rules Are Key To Financing The Costs

6.7                Unemployment Expansion Under The FFCRA

CHAPTER 7          LEAVES OF ABSENCE BEFORE AND AFTER THE FFCRA

7.1                Introduction

7.2                Leaves Of Absence Available Under Federal Law

7.3                Leaves Of Absence Available Under California Law

7.4                Leaves Of Absence Available Under New York Law

7.5                Leaves Of Absence Available Under Illinois Law

CHAPTER 8          THE CARES ACT

8.1                Overview Of The CARES Act

8.2                Amendments To The FFCRA

8.3                The Paycheck Protection Program

8.4                Tax Implications Of The CARES Act

CHAPTER 9          UNEMPLOYMENT INSURANCE BENEFITS

9.1                Introduction To COVID-19’s New Legal Environment

9.2                Overview Of California UI Compensation And Benefits

9.3                Overview Of New York UI Compensation And Benefits

9.4                Overview Of Illinois UI Compensation And Benefits

9.5                The CARES Act And Unemployment Insurance

CHAPTER 10        EMPLOYMENT DISCRIMINATION CONSIDERATIONS

10.1              Introduction To COVID-19’s New Legal Environment

10.2              Applying Federal And State Discrimination Laws To The COVID-19 Pandemic

10.3              Disability Discrimination

CHAPTER 11        WORKPLACE SECURITY AND OSHA ISSUES

11.1              Introduction

11.2              Rules On Employee Health And Safety

11.3              Enforcement And Potential Consequences Of Non-Compliance

11.4              Retaliation Is Prohibited

CHAPTER 12        WORKERS’ COMPENSATION ISSUES

12.1              Introduction

12.2              California Workers’ Compensation Law

12.3              New York Workers’ Compensation Law

12.4              Illinois Workers’ Compensation Law

CHAPTER 13        EMPLOYMENT IMMIGRATION ISSUES ASSOCIATED WITH THE COVID-19 PANDEMIC

13.1              Introduction

13.2              Overview Of Common Business Visas

13.3              Layoffs And Furloughs Of Employees On Sponsored Work Visas

13.4              Optional Practical Training (“OPT”) For F-1 Students After Graduation

13.5              PERM Labor Certifications Sponsorships For Permanent Residency And DOL

13.6              COVID-19 Related Changes To US Immigration Processing

13.7              COVID-19 Travel Ban

13.8              I-9 Verification

13.9              E-Verify TNC Tolling

CHAPTER 14        REOPENING BUSINESS DURING THE PANDEMIC

14.1              Introduction

14.2              The Trump Administration’s Approach To Reopening Businesses

14.3              Overview Of California’s Reopening Guidance

14.4              Overview Of New York’s Reopening Guidance

14.5              Overview Of Illinois’ Reopening Guidance

CHAPTER 15        WHAT FUTURE WORKPLACES WILL LOOK LIKE

15.1              Introduction

15.2              Changes In How Employees Work

15.3              Changes In Where Employees Work

15.4              COVID-19 Contingency Planning

15.5              Potential Employment Law Changes

15.6              Employment Litigation Arising Out Of The COVID-19 Pandemic

15.7              Conclusion

APPENDIX A       Centers for Disease Control and Prevention – Interim Guidance for Business and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19)

APPENDIX B        Centers for Disease Control and Prevention – Health Alert: Coronavirus Disease 2019

APPENDIX C        Centers for Disease Control and Prevention – 14-Day Log for Monitoring Symptoms

APPENDIX D       Centers for Disease Control and Prevention – Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmission

APPENDIX E        Centers for Disease Control and Prevention – What You Need to Know About Coronavirus Disease 2019 (COVID-19)

APPENDIX F        Centers for Disease Control and Prevention – Cleaning and Disinfecting Your Facility

APPENDIX G       U.S. Department of Labor – FFCRA: Workplace Poster

APPENDIX H       U.S. Department of Labor – FFCRA: Employee Paid Leave Rights

APPENDIX I         U.S. Department of Labor – FFCRA: Employer Paid Leave Requirements

APPENDIX J         FFCRA Sample Leave Request Form

APPENDIX K       FFCRA Regulations – Paid Leave Under the Families First Coronavirus Response Act, 29 CFR Part 826

APPENDIX L        U.S. Department of Labor – Families First Coronavirus Response Act: Questions and Answers

APPENDIX M       U.S. Department of Labor – Families First Coronavirus Response Act Notice: Frequently Asked Questions

APPENDIX N       U.S. Equal Employment Opportunity Commission – Pandemic Preparedness in the Workplace and the Americans with Disabilities Act, OLC Control # EEOC-NVTA-2009-3

APPENDIX O       Occupational Health and Safety Administration – Guidance on Preparing Workplaces for COVID-19, OSHA 3990-03-2020

APPENDIX P        Occupational Health and Safety Administration: Worker Exposure Risk to COVID-19 Poster

APPENDIX Q       Occupational Health and Safety Administration – Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19)

APPENDIX R        California Proclamation of a State of Emergency (March 4, 2020)

APPENDIX S        California Exec. Order No. N-31-20 (March 17, 2020)

APPENDIX T        California Exec. Order No. N-33-20 (March 19, 2020)

APPENDIX U       California Exec. Order No. N-33-20 – List of Essential Critical Infrastructure Workers (March 22, 2020)

APPENDIX V       California Department of Industrial Relations – Coronavirus Disease (COVID-19) – FAQs on Laws Enforced by the California Labor Commissioner’s Office (March 11, 2020)

APPENDIX W      New York Proclamation of a State of Emergency (March 7, 2020)

APPENDIX X       New York Paid Sick Leave Law (March 18, 2020)

APPENDIX Y       New York Exec. Order No. 202.8 (New York State on PAUSE) (March 20, 2020)

APPENDIX Z        New York Exec. Order No. 202.17 (April 15, 2020)

APPENDIX AA     U.S. Equal Employment Opportunity Commission, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

APPENDIX BB     SBA Paycheck Protection Program – Loan Forgiveness Application (Form 3508)

APPENDIX CC     California Exec. Order No. N-51-20 (April 16, 2020)