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Maggie Spell

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Maggie Spell can be reached at mspell@joneswalker.com or 504.582.8262

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Maggie Spell, a partner in the Labor & Employment Practice Group, was recently quoted in the Greater Baton Rouge Business Report article “Mandate or Not? The Question Vexing Employers Over COVID-19 Vaccine.” Maggie explains that as vaccines become more readily available, employers should consider the possible courses of action for vaccinations in their

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With kids going back to school, new questions regarding eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are cropping up. Thankfully, the Department of Labor (DOL) recently supplemented its Frequently Asked Questions (FAQs) to answer some of the questions that have arisen thus far.
Continue Reading Return to School Raises FFCRA Leave Questions

Both the state of Louisiana and the city of New Orleans have provided additional information for businesses planning to reopen or expand operations once the current stay-at-home orders are lifted or modified. The state of Louisiana has launched a new Open Safely online platform, where businesses can register to receive up-to-the-minute information on what phase of the state’s reopening plan their businesses are considered to be in, what phase the state is in as Louisiana moves through phases of reopening, and what social distancing and sanitation guidelines apply to their specific operation in each phase.
Continue Reading Louisiana and New Orleans Offer New Guidance on Reopening

By now, you’re likely aware of the Families First Coronavirus Response Act (FFCRA). This law, which will take effect on April 1, 2020, requires certain employers to provide employees with paid sick leave under the Emergency Paid Sick Leave Act (EPSL) or expanded paid family and medical leave under the Emergency Family and Medical Leave Expansion Act (expanded FMLA) for several reasons related to COVID-19. As a refresher, the FFCRA generally provides that employees of covered employers are eligible for one of the following:

  • Two weeks (up to 80 hours) of paid sick leave at the employee’s regular rate of pay where the employee is (1) unable to work or telework because the employee is quarantined (due to a federal, state, or local government order or the advice of a health care provider) and/or (2) experiencing COVID-19 symptoms and seeking a medical diagnosis; or
  • Two weeks (up to 80 hours) of paid sick leave at two-thirds the employee’s regular rate of pay where the employee is (1) unable to work or telework while caring for an individual subject to quarantine (due to a federal, state, or local government order or the advice of a health care provider), (2) unable to work or telework because of a need to care for a child (either a minor child under 18 years of age or an adult child who has a mental or physical disability and is incapable of self-care because of that disability) whose school or child care provider is closed for reasons related to COVID-19, and/or (3) experiencing a substantially similar condition as specified by the secretary of health and human services, in consultation with the secretaries of the treasury and labor; and
  • Up to an additional 10 weeks of paid expanded family and medical leave at two-thirds the employee’s regular rate of pay where an employee who has been employed for at least 30 calendar days is unable to work or telework due to a need to care for a child whose school or child care provider is closed for reasons related to COVID-19.

Private employers with fewer than 500 employees and certain public employers are covered. Small businesses with fewer than 50 employees may qualify for exemption, which is discussed below.Continue Reading With Effective Date of the FFCRA Looming, DOL Offers Answers to Pressing Paid Leave Questions

With the coronavirus pandemic bearing down hard upon us, employers are justifiably concerned, if not on the verge of panic, about the potentially catastrophic impact on their employees and businesses. Make no mistake about it, the coronavirus pandemic is a crisis in every sense of the word: a public health and safety crisis, an economic crisis, a social and psychological crisis, a threat to all we hold dear. In just a few short days, it has brought government agencies, many public services, schools, both public and private, and businesses to a screeching halt and is threatening to devastate the lives of any employer’s most valuable asset, its employees. To minimize the impact, it is imperative that employers adopt and implement a plan for crisis management and recovery. And each aspect of your plan must take into account both the practical realities and applicable federal and state labor and employment laws to ensure success and avoid any employment-related lawsuits or agency enforcement actions.
Continue Reading Coping with Coronavirus: Fundamentals for Employers