[Webinar Recording] Wage and Hour Issues During the COVID-19 Pandemic

On November 11, 2020, Kara M. Maciel and Jordan B. Schwartz presented a webinar regarding Wage and Hour Issues During the COVID-19 Pandemic.LE Capture

While many companies are dealing with the more noticeable effects of the COVID-19 pandemic, wage and hour issues continue to be a concern as they could result in significant financial liability.  As a result, it is important to be aware of these new pandemic-related wage and hour issues, including:

  • Tricky “off the clock” and other wage payment issues for teleworking employees;
  • Whether teleworking employees need to be paid for “commuting” time;
  • Whether on-site employees should be paid for health screening time and other safety protocols; and
  • Exempt/non-exempt issues resulting from employees performing multiple tasks on emergency bases.

At the same time, there are other important wage and hour issues that have changed significantly in 2020, including the new overtime rule, new classification guidance for independent contractors, and new joint employer guidance under the FLSA.

In this webinar, participants learned about: Continue reading

[Webinar] Wage and Hour Issues During the COVID-19 Pandemic

On Wednesday, November 11th at 1:00 PM ET, join Kara M. Maciel and Jordan B. Schwartz for a webinar regarding Wage and Hour Issues During the COVID-19 Pandemic.LE Capture

While many companies are dealing with the more noticeable effects of the COVID-19 pandemic, wage and hour issues continue to be a concern as they could result in significant financial liability.  As a result, it is important to be aware of these new pandemic-related wage and hour issues, including:

  • Tricky “off the clock” and other wage payment issues for teleworking employees;
  • Whether teleworking employees need to be paid for “commuting” time;
  • Whether on-site employees should be paid for health screening time and other safety protocols; and
  • Exempt/non-exempt issues resulting from employees performing multiple tasks on emergency bases.

At the same time, there are other important wage and hour issues that have changed significantly in 2020, including the new overtime rule, new classification guidance for independent contractors, and new joint employer guidance under the FLSA.  

In this webinar, participants will learn about: Continue reading

Important COVID-19 Update: “Close Contact” Redefined to Include 15 Minutes Cumulative

By Conn Maciel Carey’s COVID-19 Task Force

We want to alert you to a significant COVID-19 development out of the CDC yesterday.  Specifically, the CDC just announced a material revision to its definition of “Close Contact.”  The new definition makes it explicit that the 15-minute exposure period (i.e., within 6-feet of an infected individual for 15 minutes) should be assessed based on a cumulative amount of time over 24 hours, not just a single, continuous 15-minute interaction.

Here is the new definition included on the CDC’s website:

Close Contact – Someone who was within 6 feet of an infected person for a cumulative total of 15 minutes or more over a 24-hour period* starting from 2 days before illness onset (or, for asymptomatic patients, 2 days prior to test specimen collection) until the time the patient is isolated.

* Individual exposures added together over a 24-hour period (e.g., three 5-minute exposures for a total of 15 minutes). Data are limited, making it difficult to precisely define “close contact;” however, 15 cumulative minutes of exposure at a distance of 6 feet or less can be used as an operational definition for contact investigation. Factors to consider when defining close contact include proximity (closer distance likely increases exposure risk), the duration of exposure (longer exposure time likely increases exposure risk), whether the infected individual has symptoms (the period around onset of symptoms is associated with the highest levels of viral shedding), if the infected person was likely to generate respiratory aerosols (e.g., was coughing, singing, shouting), and other environmental factors (crowding, adequacy of ventilation, whether exposure was indoors or outdoors). Because the general public has not received training on proper selection and use of respiratory PPE, such as an N95, the determination of close contact should generally be made irrespective of whether the contact was wearing respiratory PPE.  At this time, differential determination of close contact for those using fabric face coverings is not recommended.​

CDC’s revised view of what constitutes a Close Contact is based on an exposure study at a correctional facility.  Here is the CDC’s public notice about the correctional facility analysis.  The analysis apparently revealed that virus was spread to a 20-year-old prison employee who interacted with individuals who later tested positive for the virus, after 22 interactions that took place over 17 minutes during an eight-hour shift.  

An important consequence of this revision is the impact it will have on employers’ ability to maintain staffing because it establishes a much lower threshold trigger for required quarantine. Continue reading

[Webinar Recording] Conducting Background Checks: Federal, State, and Local Law Considerations

On October 13th, Andrew J. SommerDaniel C. Deacon and Ashley D. Mitchell presented a webinar regarding Conducting Background Checks: Federal, State and Local Law Considerations10.13 le.

Employers must consider an array of federal, state, and local laws when implementing background checks. Notably, the Fair Credit Reporting Act (FCRA) imposes strict disclosure and authorization requirements that employers must follow prior to obtaining any background check on an applicant or employee, as well as procedural requirements before employers may take an adverse employment action based on the results of the background check. Additionally, various states and municipalities impose restrictions on an employer’s ability to conduct background checks, including when employers may ask applicants about their criminal history and what types of convictions may be considered.

In this webinar, participants learned about: Continue reading

[Webinar] Conducting Background Checks: Federal, State, and Local Law Considerations

On Tuesday, October 13th at 1:00 p.m. ET / 10:00 a.m. PT, join Andrew J. Sommer, Daniel C. Deacon and Ashley D. Mitchell for a webinar regarding Conducting Background Checks: Federal, State and Local Law Considerations10.13 le

Employers must consider an array of federal, state, and local laws when implementing background checks. Notably, the Fair Credit Reporting Act (FCRA) imposes strict disclosure and authorization requirements that employers must follow prior to obtaining any background check on an applicant or employee, as well as procedural requirements before employers may take an adverse employment action based on the results of the background check. Additionally, various states and municipalities impose restrictions on an employer’s ability to conduct background checks, including when employers may ask applicants about their criminal history and what types of convictions may be considered.

In this webinar, participants will learn about: Continue reading

[Webinar Recording] NLRB Update: Senate Confirmations, Union Organizing, and Election Rules

On September 16th, Kara M. Maciel and Mark M. Trapp presented a webinar regarding “NLRB Update: Senate Confirmations, Union Organizing, and Election Rules.”

With a solid Republican majority in place for most of the Trump Administration, and new confirmations establishing a quorum, the National Labor Relations Board is methodically establishing or re-establishing many pro-employer precedents. We discussed the status of the Board and its Members and the impact of its most important rulings. We also discussed several ongoing NLRB rulemakings including changes to the election rules, as well as union organizing tactics in light of COVID-19.  This webinar addressed these and other timely issues, equipping employers to understand the potential impact on their employees and workplace.

Continue reading

Conn Maciel Carey Expands Midwest Practice with Addition of Talented L&E Attorney

Conn Maciel Carey LLP, a boutique law firm with national practices in OSHA • Workplace Safety, Labor & Employment, and Litigation, is pleased to announce that Ashley Mitchell has joined the firm as an attorney in its Chicago office.

Ms. Mitchell, an employment litigator, will represent clients in a wide range of employment litigation and counsel clients on the myriad legal issues employers face in the workplace.  She also will defend employers in inspections, investigations and enforcement actions involving federal OSHA and neighboring state plan agencies.

“Ashley brings a unique perspective to our employment litigation, counseling and training practice having started her career working with prominent plaintiff-side employment law firms here in Chicago, where she also developed experience dealing with policies, procedures and practices that directly impact workplace safety and health,” said Aaron Gelb, co-head of the firm’s Chicago office.  “Ashley is ideally suited to pivot from working on pension withdrawal matters one day to preparing for a labor arbitration the next,” said Mark Trapp, co-head of the Chicago office.

“We are committed to strategically growing our practices and geographic locations, and adding Ashley to our seasoned team in the Midwest will allow Conn Maciel Carey to continue to provide the excellent client service with a focus on practical and creative advice that our national and regional clients are looking for,” said Kara Maciel, Chair of the firm’s Labor • Employment Practice. Eric Conn, Chair of the firm’s OSHA • Workplace Safety Practice added, Continue reading

[Webinar] NLRB Update: Senate Confirmations, Union Organizing, and Election Rules

On Wednesday, September 16th at 1:00 PM ET, join Kara M. Maciel and Mark M. Trapp for a webinar regarding “NLRB Update: Senate Confirmations, Union Organizing, and Election Rules.”

With a solid Republican majority in place for most of the Trump Administration, and new confirmations establishing a quorum, the National Labor Relations Board is methodically establishing or re-establishing many pro-employer precedents. We will discuss the status of the Board and its Members and the impact of its most important rulings. We will also discuss several ongoing NLRB rulemakings including changes to the election rules, as well as union organizing tactics in light of COVID-19.  This webinar will address Continue reading

CDC Revises its COVID-19 Return-to-Work Criteria, Again

By Conn Maciel Carey’s COVID-19 Task Force

On July 20, 2020, the U.S. Centers Disease Control and Prevention (“CDC”) made major revisions to its COVID-19 “discontinue home isolation” guidance, upon which employers may rely to determine when it is safe for employees to return to work.  This comes only a couple months after CDC made major revisions to the same guidance document when, on May 3, 2020, it extended the home isolation period from 7 to 10 days since symptoms first appeared for the symptom-based strategy in persons with COVID-19 who have symptoms, and from 7 to 10 days after the date of their first positive test for the time-based strategy in asymptomatic persons with laboratory-confirmed COVID-19.

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In its most recent update, CDC has determined that a test-based strategy is no longer recommended to determine when to discontinue home isolation, except in certain circumstances.  It has also modified its symptom-based strategy in part by changing the number of hours that must pass since last fever without the use of fever-reducing medication from “at least 72 hours” to “at least 24 hours.”  CDC’s revisions should trigger employers to immediately revise their COVID-19 preparedness, response, and control plans to account for the latest changes.  In light of the recent COVID-19 regulation that Virginia promulgated almost at the same time that CDC decided to update its guidance, the revisions also demonstrate that COVID-19 is not the type of hazard easily subject to a regulatory standard.

Revised Guidance

To start, it is important to understand the major changes that CDC has just made.  As you know, prior to CDC’s most recent changes, CDC offered individuals with COVID-19 who had symptoms two options for discontinuing home isolation:

  1. a symptom-based strategy; and
  2. a test-based strategy.

It also offered individuals with COVID-19 who never showed symptoms two options:

  1. a time-based strategy; and
  2. a test-based strategy.

With its most recent update, CDC has essentially eliminated Option 2 (the test-based strategy) for both groups – those who have symptoms and those who never showed symptoms.  Now, there is only a symptom-based strategy for those who experience symptoms, and a time-based strategy for those who do not.

Continue reading

[Webinar] OSHA and Labor & Employment Law Issues Associated with Employee Discipline

On Wednesday, August 19, 2020 at 1 PM Eastern, join Conn Maciel Carey and special guest Richard Fairfax, former Deputy Assistant Secretary at the Occupational Safety and Health Administration, for a webinar regarding “OSHA and Labor & Employment Law Issues Associated with Employee Discipline.”

Disciplining employees, a critical tool in enforcing workplace rules, has the Capture iiipotential to create problems, especially when relationships deteriorate and emotions run high. Even in situations where an employer is disciplining for the right reason, if it is handled incorrectly, a lawsuit or labor grievance could turn out to be costly. But in circumstances that warrant discipline, employers cannot just sit back. Productivity, employee morale, workplace culture, employee safety and health, and meeting goals are just some of the many considerations impacted by an effective employee discipline program. Consistent employee discipline can also benefit employers in litigation, union grievances, and inspections and investigations by the EEOC and OSHA. At the same time, employers are often confused on how to effectively and legally implement safety incentive and disincentive programs without running afoul of OSHA’s guidelines.

This webinar will give you a blueprint to lawfully discipline employee and mitigate the risk of future litigation. Participants in this webinar will learn about: Continue reading