Employer's Guide To COVID-19 and Emerging Workplace Issues: Year 2

The first definitive and comprehensive COVID-19 and emerging workplace issues treatise for employers, co-authored by Attorneys Richard J. Simmons, Brian D. Murphy, and Adam R. Rosenthal of Sheppard, Mullin, Richter & Hampton LLP.

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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

AUTHORS: Richard J. Simmons, Brian D. Murphy and Adam R. Rosenthal 

CONTRIBUTING AUTHORS: Greg Berk, David Chidlaw, Nirav Bhatt, Michael Campbell, Bobby Foster, Ryan Krueger, Elyssa Sternberg, Lindsay Stone, and Michael Weisshar

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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  COVID-19 Legal Chronology
1.7  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  California's 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