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Legal Alerts Archive

  • 4.2.20

    The Fulton County (GA) Board of Health recently issued an order, effective immediately, requiring all residents of Fulton County to shelter-in-place, permitting residents to leave their homes only if providing or receiving certain essential services or engaging in essential activities or work.

  • 4.2.20

    New Jersey amended its Paid Sick Leave, Family Leave, Family Leave Insurance, and Temporary Disability Insurance laws in response to the COVID-19 pandemic. The law, which is outlined below, went into effect immediately and is designed to assure that workers impacted by epidemics of communicable diseases, such as COVID-19, have access to leave and benefits needed to care for themselves and affected members of their families.

  • 4.1.20

    In a welcome relief to employers, National Labor Relations Board General Counsel Peter Robb has issued guidance on the duty to bargain in emergency situations.

  • 4.1.20

    Six Bay Area counties and the city of Berkeley just implemented new expanded Shelter-in-Place Orders, extending the restrictions to May 3, 2020 and including additional requirements on Essential Businesses maintaining operations in each locality. The biggest change requires operating Essential Businesses to prepare, implement, and post Social Distancing Protocols at each of their facilities. 

  • 3.31.20

    Restaurants and hospitality businesses are on the front lines of dealing with the COVID-19 coronavirus outbreak. What should you consider in the coming days, weeks, and months to deal with the COVID-19 coronavirus crisis? Below we have provided both an update on the latest federal and state rules relating to coronavirus and a 10-point plan you should review and consider adopting.

  • 3.31.20

    Kentucky employers will need to get acquainted with a new state law just signed into effect yesterday that addresses a number of coronavirus-related issues that are relevant to the workplace. After passing the state legislature late last week, Governor Andy Beshear signed SB 150 into law on March 30, 2020. It went into effect immediately, so the time to get up to speed on it is now.

  • 3.31.20

    Just two days before the City of Dallas was set to begin enforcing its Paid Sick Leave ordinance – which went into effect for employers with more than five covered employees on August 1, 2019 – U.S. District Judge Sean D. Jordan of the Eastern District of Texas temporarily blocked the ordinance from taking effect while a lawsuit against the City remains pending.

  • 3.31.20

    In a unanimous decision, the U.S. Supreme Court last week ensured that a high standard will be used when assessing whether claims of race discrimination under Section 1981 should advance past the early stages of litigation. This means that we should not see an increase in the number of claims brought against employers using of the nation’s oldest civil rights laws.

  • 3.31.20

    District of Columbia Mayor Muriel Bowser just announced a Stay-At-Home Order effective at 12:01 a.m. on Wednesday, April 1, 2020. Bowser had previously issued an Order on March 25, 2020, requiring the closure of non-essential businesses and prohibiting social gatherings of more than 10 people.

  • 3.31.20

    When San Francisco Mayor London Breed announced a Workers and Families First Program (Program) on March 16 that will see the city provide funding for private sector workers impacted by the COVID-19 pandemic to receive an additional five days of paid sick leave, employers and workers alike had questions.

  • 3.30.20

    Hillsborough County (FL) recently issued a Safer-At-Home Order that went into effect at 10:00PM on March 27, 2020. The Safer-At-Home Order will be in effect on a daily basis until it expires or is rescinded. Currently, the Order does not include an expiration date. The Order is less restrictive than total lockdowns or shelter-in-place regulations, encourages citizens to stay home as much as possible, allows non-essential activities – so long as social distancing and other CDC Public Health Mitigation Strategies requirements are followed – and applies to all of the unincorporated and incorporated areas of Hillsborough County.

  • 3.30.20

    Maryland Governor Larry Hogan announced a statewide stay-at-home order effective at 8:00pm Monday, March 30, 2020. Hogan had previously issued an order on March 23, 2020 requiring the shutdown of non-essential businesses and encouraging citizens to stay home. With this new order, Hogan is directing citizens to stay home except for certain essential reasons, such as obtaining medical services for self or family, buying food or essential home goods, caring for pets, or running, walking, hiking or biking. Gatherings of more than 10 people remain prohibited.

  • 3.30.20

    As part of Minnesota’s continued response to the COVID-19 pandemic, Minnesota Governor Tim Walz recently released Emergency Executive Order 20-20, directing residents to limit movement outside of their homes, effective March 27 to April 10, 2020 at 5:00 p.m.

  • 3.30.20

    The “Families First Coronavirus Response Act” will take effect on April 1, 2020, ushering in an emergency expansion of the federal Family and Medical Leave Act and federal paid sick, among other things. The Fisher Phillips Automotive Dealership Practice Group has collected the most frequently asked questions from dealerships across the country and assembled our best guidance in one source, fully updated as of March 30, 2020.

  • 3.30.20

    New Hampshire Governor Chris Sununu issued COVID19 Emergency Order #17 late last week, requiring all non-essential businesses and organizations to close their physical workplaces and facilities to workers, customers, and the public beginning on March 27 through 12:01AM on May 4. Businesses providing “Essential Services” as outlined in Exhibit A to Emergency Order #17 are excluded from Governor Sununu’s order and are allowed to stay open.

  • 3.30.20

    While initially choosing only to restrict certain public gatherings and non-essential retail businesses last week, Virginia’s Governor Northam has now ordered individuals to stay at home. Unless otherwise specified below, the stay-at-home order became effective on March 30, 2020, and remains in place until June 10, 2020.

  • 3.30.20

    In response to the COVID-19 coronavirus outbreak, Arizona Governor Ducey just issued Executive Order 2020-18, entitled “Stay Home, Stay Healthy, Stay Connected.”

  • 3.30.20

    The Cybersecurity & Infrastructure Security Agency (CISA) just issued an updated memorandum listing the industries that contain the Essential Infrastructure Workforce – and it contains good news for many businesses that can now consider themselves part of this critical designation.

  • 3.30.20

    Fisher Phillips has assembled a cross-disciplinary taskforce of attorneys across the country to address the many employment-related issues facing employers in the wake of the COVID-19 coronavirus. The COVID-19 Taskforce has created a Frequently Asked Questions (FAQ) document, which has been continually updated since first published on March 3 and will continue to be updated as events warrant. You can contact your Fisher Phillips attorney or any member of the Taskforce with specific questions, and a full listing of the Taskforce members and their practice areas is at the end of this publication.

  • 3.29.20

    The Department of Labor (DOL) continues to update its guidance document on implementation of the Families First Coronavirus Response Act (FFCRA), and the latest update caught many employers by surprise. The updated document released by the agency appears to suggest that employees who cannot work because their businesses are subject to a government shutdown order or they are ordered to shelter at home will not qualify for Emergency Paid Sick Leave or Emergency FMLA. This clarification should now be integrated into employers’ plans for developing best practices and compliance tools to deal with the rapidly changing situation.

  • 3.29.20

    The L.A. City Council just passed a COVID-19 Supplemental Paid Sick Leave law which provides up to 80 hours of supplemental paid sick leave to employees who work within the City of Los Angeles. This ordinance hasn’t been signed by the Mayor yet but it is being brought under an “urgency clause” and will go into effect immediately upon being signed by him and publication. It will remain in effect until December 31, 2020 unless the Los Angeles City Council decides to extend it. Notably, employees cannot waive their supplemental paid sick leave protections unless they are covered by a collective bargaining agreement that is bilaterally modified.

  • 3.28.20

    COVID-19 has forced numerous employers to close facilities and terminate employees. With unemployment rates expected to skyrocket, Oregon’s Employment Department (OED) has responded to this crisis by enacting a new rule that expands the eligibility criteria for unemployment benefits.

  • 3.27.20

    Although the new Coronavirus Aid, Relief, and Economic Security Act (CARES ACT) contains important help for businesses, it also presents potentially significant labor issues for any mid-size company (500 to 10,000 employees) that receives direct loans under the Emergency Relief and Taxpayer protections portion of the Act. To receive a direct loan under the Act, a mid-size company must make a “good-faith certification” that it will comply with certain requirements listed in the CARES Act.  

  • 3.27.20

    Effective March 30, 2020 at 5:00 p.m., and remaining in effect for 30 days, all North Carolina residents are ordered to “stay home” and limit movements outside of their homes beyond essential needs. Pursuant to Executive Order 121, Governor Roy Cooper ordered all North Carolinians to stay at home unless performing an “essential activity.” The Order remains in effect until the governor terminates it by subsequent executive action.

  • 3.26.20

    Orange County (Florida) Mayor Jerry Demings recently issued Emergency Executive Order 2020-04, ordering residents to stay at home and non-essential businesses to close in an ongoing effort to combat the COVID-19 coronavirus pandemic. It will become effective on Thursday, March 26 at 11 p.m. and expire on April 9 at 11 p.m.

  • 3.26.20

    In response to the COVID-19 pandemic, Mississippi Governor Tate Reeves recently issued Executive Order No. 1463, encouraging employers to allow employees to work from home to the maximum extent possible, directing residents to avoid non-essential gatherings of more than 10 people, limiting dine-in services, and implementing visitation bans on hospitals, nursing homes, and long-term care facilities.

  • 3.26.20

    Businesses struggling with the economic impact of the COVID-19 pandemic crisis received good news late last night when the Senate passed an unprecedented piece of legislation aimed at providing a massive stimulus to workplaces and employees alike. The centerpiece of the Coronavirus Aid, Relief and Economic Security (CARES) Act would allow small- and medium-sized businesses to receive federal loans – in some cases forgivable – to cover payroll and other expenses.

  • 3.25.20

    District of Columbia Mayor Muriel Bowser just issued Executive Order No. 2020-053 ordering non-essential business to close and prohibiting large gatherings in an ongoing effort to combat the COVID-19 coronavirus pandemic.

  • 3.25.20

    Beginning on March 25, 2020, all persons in the State of Hawaii have been ordered by Governor Ige to stay at home through April 30, 2020 to reduce the spread of COVID-19, except to the extent necessary to maintain continuity of operations of federal critical infrastructure sectors.

  • 3.25.20

    The Department of Labor’s Wage and Hour Division just released today the required notification poster for the Families First Coronavirus Response Act (FFCRA) that will soon need to be posted in many workplaces – and distributed to remote workers – across the country.

  • 3.24.20

    Choosing not to go so far as neighboring states, Virginia’s Governor Northam just issued temporary restrictions on certain gatherings and recreational/entertainment and retail businesses, but did not require shelter in place or wide reaching business closures.

  • 3.24.20

    Louisiana Governor John Bel Edwards recently issued Executive Proclamation Number 33 JBE 2020, requiring all residents of the state to remain in their homes until April 13. The Order, which went into effect at 5:00 p.m. CDT on Monday, March 23, also requires the closure of all state governmental office buildings as well as certain “non-essential” businesses for at least the next three weeks.

  • 3.24.20

    Both the state of Georgia and the city of Atlanta have implemented orders relating to the COVID-19 coronavirus outbreak that will impact businesses across the state.

  • 3.24.20

    Indiana Governor Eric Holcomb issued an Executive Order yesterday requiring all residents – except for those falling within an exception as discussed below – to stay at home for 13 days beginning at 11:59 p.m. on March 24 through 11:59 p.m. on April 6. The Order carves out exceptions for “Essential Activities,” “Essential Businesses and Operations,” “Essential Governmental Functions,” “Essential Infrastructure,” “Essential Travel,” “Healthcare & Public Operations,” and “Human Services Operations.”

  • 3.24.20

    Effective March 24, 2020 at 8:00 p.m., all West Virginia residents are ordered to “stay home” and limit movements outside of their homes beyond essential needs. Pursuant to Executive Order 9-20, Governor Jim Justice ordered all West Virginians to stay at home unless performing an “essential activity.” The Order remains in effect until Governor Justice terminates it by subsequent executive action.

  • 3.24.20

    North Carolina Governor Roy Cooper just issued Executive Order No. 120 in a series of continuing efforts to combat the COVID-19 coronavirus pandemic. The Executive Order, issued yesterday, has three main components: (1) it further limits large gatherings and orders certain businesses to temporarily cease operations; (2) restricts visitation at long-term care facilities; and (3) extends the school closure date through May 15, 2020.

  • 3.24.20

    Many sectors of the retail industry are critical to the nation’s efforts to fight the spread of COVID-19. After all, retailers that sell necessities such as food, medication, personal care products, and household supplies cannot stop operating. But there are many hard issues facing even those retailers whose stores remain open, particularly how to keep employees coming to work and how to prepare for the imminent Emergency Paid Sick Leave and Emergency FMLA laws.

  • 3.24.20

    Florida Governor Ron DeSantis just issued an Executive Order mandating a 14-day self-quarantine or isolation period for certain airport travelers arriving in Florida from areas with “substantial community spread” to prevent further spread of the novel COVID-19 coronavirus. The Order specifically imposes restrictions on travelers from New York, New Jersey, and Connecticut.

  • 3.24.20

    In response to the COVID-19 coronavirus outbreak, Arizona Governor Ducey just issued Executive Order 2020-12 in which he defined “Essential Functions” in the State of Arizona and further prohibited any counties, cities, or towns from issuing any local orders requiring the closure of the defined “Essential Functions.”

  • 3.24.20

    Mecklenburg County, North Carolina (Charlotte) issued a Shelter-in-Place Order for residents on March 24. The restrictions are effective March 26, 2020, at 8:00. a.m.

  • 3.24.20

    The U.S. Department of Labor released a preliminary “Questions and Answers” page today, attempting to answer some preliminary compliance questions related to the new Families First Coronavirus Response Act, which will bring emergency family and medical leave, as well as paid sick leave, for many employers across the country. The agency stated it also will be issuing implementing regulations regarding the new law in the near future. The big news is that the law will take effect April 1, 2020 – not April 2 as originally expected – but there are also plenty of other helpful pieces of information in the document.

  • 3.23.20

    Following the trend of other states, West Virginia Governor Jim Justice issued Executive Order 4-20 on March 19, providing immediate relief to employees adversely affected by COVID-19. Recognizing that the COVID-19 pandemic threatens both lives and economic security of West Virginians, the Executive Order significantly alters West Virginia’s unemployment benefits legislative scheme.

  • 3.23.20

    Following an Executive Order limiting operations of restaurants and bars within the state, Minnesota Governor Tim Waltz issued Emergency Executive Order 20-05 on March 16, providing immediate relief to both employers and employees adversely affected by COVID-19. The Executive Order remains in effect from March 16 until it is rescinded or the governor declares that the peacetime emergency is over.

  • 3.23.20

    As governors and local leaders across the country are issuing mandates for employees of “nonessential” businesses to stay home, businesses are grappling with a host of issues, including whether they qualify as an “essential” business, how to get clarification on their status, the penalties for getting it wrong, and what to do if they believe they should be deemed essential and are not. Unfortunately, the answers are not always clear and vary by jurisdiction at the state and local level. The Fisher Phillips Essential Business Task Force is monitoring the situation and has assembled the following guidance to assist.

  • 3.23.20

    Although other counties in Tennessee already have issued similar mandates regarding restaurants, bars, and fitness clubs in an effort to prevent the spread of COVID-19, Tennessee Governor Bill Lee signed Executive Order 17 on Sunday requiring certain businesses across the state to utilize alternative business models starting at midnight CDT on Monday 23, until midnight CDT April 6.

  • 3.23.20

    As part of the Commonwealth’s continued efforts to respond to the COVID-19 pandemic, Kentucky Governor Andy Beshear issued Executive Order 2020-246 on Sunday, March 22, requiring the closure of all “in-person retail businesses that are not life-sustaining” by 8:00 p.m. on Monday March 23.

  • 3.23.20

    Kansas City local government authorities – the City of Kansas City, Clay County, Missouri and Johnson, Wyandotte, Douglas and Leavenworth Counties in Kansas – have issued executive orders requiring all residents – except for those falling within an exception discussed below – to stay at home for 30 days beginning at 12:01 a.m. on March 24, through 12:01 a.m. on April 23. The orders carve out exceptions for “Essential Activities,” “Essential Government Functions” and “Essential Businesses.”

  • 3.23.20

    While specifically stating that he was not issuing a shelter in place order, Maryland Governor Larry Hogan announced the shutdown of non-essential businesses effective at 5 P.M., March 23, due to COVID-19 pandemic.

  • 3.23.20

    Memphis Mayor Jim Strickland just issued the Safer at Home Executive Order on March 23, an extension of the Declaration of Civil Emergency issued last week. The Order directs all residents of Memphis to remain inside their residences and immediately limit all movement outside of their homes beyond what is absolutely necessary to take care of essential needs. The Order also requires nonessential businesses to close. The Order goes into effect at 6 p.m. on Tuesday, March 24 and will remain in effect through midnight on April 7. 

  • 3.22.20

    California Governor Gavin Newsom recently issued Executive Order N-33-20, requiring all Californians – except for those falling within an exception discussed below – to stay at home indefinitely. The Order carves out exceptions to maintain the continuity of 13 of the critical infrastructure sectors identified by the Cybersecurity and Infrastructure Agency (CISA). The State Public Health Officer also issued a list of Essential Critical Infrastructure sectors that are exempt from the Executive Order.

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