On August 27, 2020, New Hampshire updated both the Universal Guidelines for All New Hampshire Employers and Employees and the New Hampshire COVID-19 General Travel and Quarantine Guidance, & Employer Screening and Exclusion Criteria. These documents apply to “all businesses, organizations, and individual business operators for the operation of their business” and must be
Employers
LITIGATION: EEOC Lifts Suspension of Notice of Right to Sue Letters
By Jennifer Parent on
The Equal Employment Opportunity Commission (EEOC) announced on August 3, 2020 that it will start issuing charge closure documents again on a routine basis. As I wrote in an earlier blog post, the EEOC delayed the issuance of “Notice of Right to Sue” letters at the start of the COVID-19 pandemic to workers who…
How Can Employers Support Working Parents This School Year?
By Adam M. Hamel on
This school year is going to be different – very different. Due to the ongoing coronavirus pandemic, school districts in the region are still developing their plans which include elements of both remote learning and some in-person learning with restrictions regarding mask-wearing, hygiene, and social distancing. With parents making up about one-third of the workforce nationally, employers and employees are facing a lot of new challenges as students prepare to resume school.
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EMPLOYERS: ANTIBODY TESTING NOT ALLOWED FOR RETURN TO WORK
By Jennifer Parent on
While employers may require testing for COVID-19 before employees return to work, the Equal Employment Opportunity Commission (EEOC) has confirmed that employers are prohibited from requiring antibody testing before allowing employees back into the workplace.
The Americans With Disabilities Act (ADA) allows employers to inquire into an employee’s disability and conduct mandatory medical tests of…
NH Manufacturers Receive Roadmap for Remaining Open or Reopening Workplace
By Jennifer Parent on
On May 1, 2020, Governor Sununu issued Emergency Order #40 to facilitate and guide the reopening of the State in phases. Referred to as Stay At Home 2.0, Emergency Order #40 sets forth mandatory requirements for those businesses that were considered essential and their facilities have remained open and those that are scheduled to reopen…
DOL Invites Feedback On Opening America’s Workplaces Again
By Jennifer Parent on
The U.S. Department of Labor (DOL) has launched a national online dialogue to obtain feedback on “Opening America’s Workplaces Again.” Businesses and workers are invited to participate in this new public forum and to provide comments through May 7, 2020. Specifically, the DOL seeks ideas and recommendations on what challenges employers and workers may face with a return to work and what companies and employees can best do to reopen workplaces safely. The information obtained will be used to guide the DOL in developing compliance assistance materials for return to work and to assist lawmakers in drafting policy on reopening businesses.
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LITIGATION: EEOC DELAYS RIGHT-TO-SUE LETTERS AND REMINDS EMPLOYERS ABOUT ANTI-DISCRIMINATION LAWS
By Jennifer Parent on
During the COVID-19 pandemic, the Equal Employment Opportunity Commission (EEOC) is delaying the issuance of “Notice of Right to Sue” letters to workers. While not publicly announced by the agency, officials have confirmed this practice to advocacy groups and media outlets.
The Notice of Right to Sue letter begins the clock ticking as to when plaintiffs must bring a lawsuit against a company for discrimination under federal law. Specifically, once workers receive this EEOC notice, they have 90 days to file a complaint in federal or state court. The 90 days deadline to file in court is a statutory deadline that must be met and cannot be changed by the EEOC. On the other hand, when the notice that triggers this statutory clock is sent to workers is within the control of the EEOC. It appears that the EEOC is taking this opening.
DOL Regulations Offer Employers Guidance For Implementing Paid Leave Under the Families First Coronavirus Response Act (FFCRA)
By Jennifer Parent on
On April 1, 2020, the U.S. Department of Labor’s Wage and Hour Division posted temporary regulations for the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA) to provide employers with guidance to administer these two new paid leave laws under the Families First Coronavirus Response Act (FFCRA). The rule became operational on April 1, 2020 and is set to expire on December 31, 2020. The final rule (29 CFR § 826) officially published in the Federal Register today, April 6, 2020.
FFCRA, as amended by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), authorizes the Secretary of Labor to issue regulations “as necessary, to carry out the purposes of this Act, including to ensure consistency” between the EPSLA and the EFMLEA. This blog attempts to highlight only some of these rules. Other posts on the requirements of FFCRA, including DOL guidance to date, can be found at the McLane Middleton’s Coronavirus Resource page.
DOL’s Implementing Regulations Shed Some Light On Defining “Health Care Provider” Under the Families First Coronavirus Response Act (FFCRA)
As part of its ongoing effort to prevent, prepare for, and respond to the coronavirus pandemic, the U.S. Department of Labor (DOL) issued temporary regulations to implement emergency leave benefits established under the Families First Coronavirus Response Act (FFCRA). These implementing regulations (29 CFR § 826) are available from the DOL at https://www.dol.gov/sites/dolgov/files/WHD/Pandemic/FFCRA.pdf.
While the FFCRA greatly expands emergency leave, including emergency paid sick leave, benefits, employers may elect to exclude certain “health care providers” and “emergency responders” from these provisions of the FFCRA. The following provides a brief summary of those employees who may be exempt.
USDOL Provides Guidance Regarding Emergency Paid Sick Leave and Paid Family and Medical Leave Including Advice on Intermittent Leave and Availability of Benefits to Furloughed Employees
By Charla Bizios Stevens on
Throughout the past week, the USDOL has continued to update its guidance into how employers will be expected to manage the paid sick and paid family and medical leave benefits, which will become available to eligible workers as of April 1, 2020, the effective date of the Families First Coronavirus Relief Act (“FFCRA” or the “Act”).
A model notice which employers can use to discharge their obligation to inform employees of their rights under the FFCRA is available here. No specific Certification or Designation Forms have been provided, so employers may create their own forms for the time being.