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Sid Lewis can be reached at slewis@joneswalker.com or 504.582.8352.

In a 2–1 decision, the US Sixth Circuit Court of Appeals dissolved the stay that had prevented implementation of the OSHA Emergency Temporary Standard (ETS) requiring COVID-19 vaccination or testing. Within hours of that decision, numerous emergency appeals were filed with the US Supreme Court asking that the stay be put back in place pending Supreme Court review. Justice Kavanaugh set a deadline of 4 p.m. Dec. 30 for the Biden administration to respond to the appeals.
Continue Reading OSHA ETS ‘Vaccine or Test’ Mandate for Private Employers (100 or more employees) Is Back in Play

The Department of Labor (DOL) recently clarified numerous issues under the Families First Coronavirus Relief Act (FFCRA) in three notices released on March 24, 2020. We previously provided a summary of the law’s paid leave provisions in a client update on March 19, 2020. Some of the clarifications made in the recent guidance include the following:

The paid leave provisions go into effect on Wednesday, April 1, 2020.

The law does not apply retroactively, which means that employers who provided paid leave prior to April 1, 2020, cannot count leave payments as having been made under the FFCRA, and also cannot claim a tax credit for such amounts.

All employees (full-time and part-time) within the United States or any of its territories are counted in determining the 500-employee threshold for whether an employer must comply with the paid leave obligations. Employees on leave, temporary employees, and leased employees from a temporary employment agency are also counted. The threshold is determined as of the time an employee’s leave is to be taken.Continue Reading Recent Clarifications to Families First Coronavirus Relief Act

On March 19, 2020, Senate Republicans rolled out a $1 trillion economic stimulus plan commonly referred to as “Phase III” of the legislative response to the coronavirus pandemic. The bill — the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) — provides additional detail on the paid leave provisions in the “Phase II” bill and contains some additional provisions that affect employees.
Continue Reading Senate Unveils Stimulus Bill That Affects Employers

On March 18, 2020, the Senate passed the “Families First Coronavirus Response Act,” which contains provisions related to mandatory paid leave for employers with fewer than 500 employees. A summary of the bill, which is supposed to be effective within 15 days of enactment, is below.

The bill creates a new paid leave benefit called “emergency paid leave.”

Reasons for Leave: Employees who are eligible for “emergency paid leave” are those individuals who are unable to work due to one of the following conditions or situations: (i) the employee is subject to a federal, state, or local isolation or quarantine order; (ii) the employee has been advised by a health care provider to self-quarantine; (iii) the employee is experiencing symptoms of coronavirus and seeking a medical diagnosis for the symptoms; (iv) the employee is caring for an individual who is subject to a quarantine order or who has been advised to quarantine by a health care provider; or (v) the employee is caring for a child because the child’s school or place of care has been closed due to COVID-19.Continue Reading Senate Passes Coronavirus Bill Requiring Paid Leave

One of the bigger questions with the Emergency Paid Sick Leave Act is an employer having to pay for leave because “the employee is subject to a federal, state or local quarantine or isolation order related to COVID-19”. Does that apply when the business itself is shut-down by the government, but the employee is free

On March 14, 2020, the House of Representatives passed H.R. 6021, the “Families First Coronavirus Response Act,” which contains provisions related to mandatory paid leave for employers with fewer than 500 employees. Since passage, the House has been working on “technical corrections” to the bill prior to sending the bill to the Senate for consideration. The technical corrections were voted on and passed by the full House late in the evening on March 16, 2020.
Continue Reading Technical Corrections to House Bill Significantly Change Previous Provisions Regarding Paid Leave

On March 14, 2020, the House of Representatives passed H.R. 6021, the “Families First Coronavirus Response Act,” which contains provisions related to mandatory paid leave for employers with fewer than 500 employees. The bill, if enacted, mandates that covered employers provide paid leave under certain circumstances caused by the coronavirus outbreak. We anticipate

OSHA is assessing and responding to numerous complaints about employee protection from the spread of COVID-19. In an effort to keep everyone informed, OSHA has launched a website that provides information on prevention of COVID-19, specifically for employers and workers. The website is being updated as more information is learned about the virus and