Employer’s Guide To COVID-19 And Emerging Workplace Issues: Year 2

Employer’s Guide To COVID-19 And Emerging Workplace Issues: Year 2

Employer’s Guide To COVID-19 And Emerging Workplace Issues: Year 2

$249.00

ELECTRONIC FORMAT ONLY INCLUDING UPDATES THROUGH 12/31/21

Authors: Richard J. Simmons, Brian D. Murphy, & Adam R. Rosenthal
Publisher: Castle Publications
Format: Electronic copy including updates through 12/31/21

This publication is only available in electronic format. Click here for more information.

Description

Castle Publications is excited to announce the first definitive and comprehensive Employer’s Guide to COVID-19 and Emerging Workplace Issues: Year 2, 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. In over 830 pages, the Employer’s Guide examines key compliance and cost-saving issues that must be considered and identifies problem areas that will lead to litigation. Employers must prepare to meet the challenges created by the “new normal.”

Castle’s new electronic book delves into the federal standards in each of its 16 substantive chapters. It also focuses on California’s, New York’s and Illinois’ employment laws. It reviews the CDC’s critical guidance for businesses and employers, the paid sick leave rules in the Families First Coronavirus Response Act, the CARES Act, WARN rules and substantive law issues in the wage and hour, employment discrimination, workplace safety, OSHA, leaves of absence, unemployment insurance, workers’ compensation, and immigration fields. It also offers insight on the first 100 days of the Biden Administration and the employers’ challenges related to vaccinations.

Among the numerous topics addressed are the following:

  • CDC Guidance For Businesses and Employers
  • Wage and Hour Considerations
  • U.S. DOL Positions Regarding the FLSA and COVID-19
  • EEOC Guidance on Mandatory Vaccinations (When Available) and the Exclusion of Unvaccinated Workers
  • State and Federal WARN Requirements
  • Analysis of the Families First Coronavirus Response Act (FFCRA)
  • Paid Sick Leave and Tax Credit Rules
  • The CARES Act and Employee Benefits
  • Leaves of Absence Before and After the FFCRA
  • Unemployment Insurance Benefits
  • Employment Discrimination Considerations
  • Workplace Safety and OSHA Issues
  • Workers’ Compensation Issues
  • Immigration Issues
  • Pandemic Implications Under The National Labor Relations Act
  • 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                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

2.5                Communications Concerning An Employer’s Vaccination Policy

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                The California 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

12.5              COVID-19 Vaccine Injuries And Workers’ Compensation

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        TRADITIONAL LABOR CONSIDERATIONS

14.1              Introduction

14.2             What Non-Union Employers Need To Know About Traditional Labor Law During The COVID-19 Pandemic

14.3             What Unionized Employers Need To Know About Traditional Labor Law During The COVID-19 Pandemic

CHAPTER 15        RE-OPENING BUSINESS DURING THE PANDEMIC

15.1              Introduction

15.2              Vaccinations Will Play A Key Role In Business Continuation And Re-opening

15.3              Overview Of California’s Re-opening Guidance

15.4              Overview Of New York’s Re-opening Guidance

15.5              Overview Of Illinois’ Re-opening Guidance

CHAPTER 16        WHAT FUTURE WORKPLACES WILL LOOK LIKE

16.1              Introduction

16.2              Changes In How Employees Work

16.3              Changes In Where Employees Work

16.4              COVID-19 Contingency Planning

16.5              The Biden Administration’s Response To COVID-19: Previewing The First 100 Days

16.6              Potential Employment Law Changes

16.7              Employment Litigation Arising Out Of The COVID-19 Pandemic

16.8              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)

APPENDIX DD    New York State Department of Health – NY Forward Safety Plan Template

About The Authors

Richard J. Simmons is a Partner in the law firm of Sheppard, Mullin, Richter & Hampton LLP in Los Angeles. He represents employers in various employment law matters involving litigation throughout the country and general advice regarding state and federal wage and hour laws, employment discrimination, wrongful discharge, employee discipline and termination, employee benefits, affirmative action, union representation proceedings, and arbitrations. Mr. Simmons received his B.A., summa cum laude, from the University of Massachusetts, where he was a Commonwealth Scholar and graduated in the Phi Kappa Phi Honor Society. He received his J.D. from Berkeley Law at the University of California at Berkeley where he was the Editor-in-Chief of the Industrial Relations Law Journal, now the Berkeley Journal of Employment and Labor Law.

Mr. Simmons argued the only case before the California Supreme Court that produced a victory for employers and business in 2018. He was recently recognized as the Labor and Employment Attorney of the Year by the Los Angeles Business Journal and was inducted into the Employment Lawyers Hall of Fame. He has lectured nationally on wage and hour, employment discrimination, wrongful termination, and other employment and labor relations matters. He is a member of the National Advisory Board to the Berkeley Journal of Employment and Labor Law, published by Berkeley Law at the University of California at Berkeley. He was also appointed by the California Industrial Welfare Commission as a member of three Minimum Wage Boards for the State of California.

Brian D. Murphy is a partner with Sheppard, Mullin, Richter & Hampton LLP in the firm’s New York office. Mr. Murphy is an employment defense litigator defending management in all areas of employment law, with a particular focus on wage and hour class and collective action litigation under Rule 23 and the Fair Labor Standards Act, and class claims under the Fair Credit Reporting Act. In addition to defense litigation, Brian also provides counsel and advice to employers concerning workplace investigation of claims of discrimination, harassment, and retaliation, restrictive covenants, employment contracts, personnel policies, and reductions-in-force. Brian also develops training programs and conducts trainings for clients concerning appropriate workplace behavior and wage and hour compliance.

Mr. Murphy has written extensively throughout his career on a number of employment topics and has been published in the New York Law Journal, the National Law Journal, Law360, and Corporate Counsel. He is also the co-author of the Wage and Hour Manual for New York Employers.

He received his J.D. from Saint John’s University School of Law and his B.A. from University of Buffalo. For multiple years, Brian has been recognized as a Rising Star Super Lawyer for the New York Metro Area. He is admitted to practice in New York, the U.S. Court of Appeals in the Second Circuit, and the U.S. District Court for the Southern, Eastern, and Western Districts of New York.

Adam R. Rosenthal is a Partner in Sheppard Mullin’s Labor and Employment Practice Group in the firm’s San Diego (Del Mar) and Los Angeles offices. Mr. Rosenthal represents a broad spectrum of employers in all areas of employment law before federal and state courts, the American Arbitration Association and JAMS. He has significant trial and arbitration experience in single plaintiff and class action cases involving wage and hour disputes such as allegations of missed meal and rest breaks, unpaid overtime, off-the-clock work and time shaving, wrongful termination, sexual harassment and disability discrimination, defamation, misclassification of manager “exempt” employees, and non-compete agreements and trade secrets.

Adam frequently lectures on employment law issues to in-house legal departments, trade associations and business and HR groups. He has written a number of articles and is also the co-author of the Employer’s Guide to COVID-19 and Emerging Workplace Issues.

Mr. Rosenthal represents national and international clients in retail, transportation, high-tech, manufacturing, healthcare, biotech, financial services, food services and non-profit organizations. He received his law degree from the University of California, Davis in 2006 and his undergraduate degree from the University of California, Los Angeles, cum laude.