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WARNing to Employers: COVID-19 WARN Act Suits Are Here

Due to the COVID-19 pandemic, employers have made difficult decisions to cut back on costs, including furloughs and layoffs. Now, COVID-19-related lawsuits alleging violations of the federal Worker Adjustment and Retraining Notification Act (WARN) are being filed.

The Sharks are Circling Part II: COVID-19 Employment Law Claims on the Rise

As we blogged about here, lawsuits relating to COVID-19 are on the rise.   Family and Medical Leave Act (FMLA) lawsuits and Americans with Disabilities Act (ADA) charges of discrimination are predicted to skyrocket in the coming months. Burbach v Arconic Corp., et al., filed in Pennsylvania federal court, is a good case study.

Attention Employers that are Federal Contractors or Subcontractors

The Office of Federal Contractor Compliance Programs (OFCCP) released the much anticipated updated Voluntary Self-Identification of Disability Form (CC-305).  The new form is much shorter than the previous form and now fits on a single page. 

The Sharks are Circling: Another Class Action Lawsuit filed against Employer over COVID-19 Safety

Five McDonald's workers in Chicago filed a class action lawsuit on Tuesday, accusing McDonalds of failing to adopt government safety guidance on COVID-19 and endangering employees and their families. According to the lawsuit, the employer failed to provide adequate hand sanitizer, gloves and masks, and failed to properly notify its staff when coworkers test positive for COVID-19. 

The EEOC Publishes Additional Guidance For Employers- Part II: Accommodations

As we blogged about here, the EEOC issued a revised version of its publication What you Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws. Among the several issues addressed in the EEOC's latest update, there are new rules to address managing reasonable accommodation requests from those returning to the worksite and from those wanting to continue to work from home.

Attention Employers - The Paycheck Protection Program Forgiveness Application is Here!

On Friday, May 15, the SBA issued the Loan Forgiveness Application allowing borrowers to claim forgiveness of their Paycheck Protection Program ("PPP") loans.  The Application provides detailed instructions for borrowers to calculate PPP loan forgiveness.  Here are 5 key takeaways borrowers need to know now:  

The EEOC Won't Collect EEO-1 Data in 2020

The U.S. Equal Employment Opportunity Commission said Thursday in a press release it will delay its annual collection of EEO-1 data from businesses with 100 or more workers because of the COVID-19 public health emergency.  The EEOC also said it will similarly push back its collection of EEO-3 and EEO-5 surveys.


DOL Announces Employees with Reduced Schedules can get $600/week CARES Payout

Many employers are having trouble getting employees to return to work. This is especially true if the schedule being offered is part-time. Why? Because furloughed and temporarily laid off nonexempt employees are likely earning more money on unemployment insurance (UI) benefits than they will earn by returning to work. This is due to the extra $600 in weekly unemployment payments provided by the federal CARES Act.

The Constitution Wins! Debt Collectors May Resume Calling Massachusetts Consumers

In a stunning rebuke to the Massachusetts Attorney General, a federal district court has temporarily enjoined the Attorney General from enforcing its no-call rule.

The Form I-9 In The Time of COVID-19: Your Questions Answered

The Department of Homeland Security has circulated questions and answers on Form I-9 obligations in the time of COVID-19.  The Form I-9 is a document that all employers must complete to verify the identity and employment authorization of every new hire and, on occasion, reverify current employees on payroll.

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