Bargaining in a Time of Crisis

The COVID-19 pandemic, and the unprecedented response thereto by various layers of government has caused many, if not most businesses to rearrange their hours or operations, lay off employees or even to cease doing business altogether. Given this seemingly unprecedented situation, many unionized employers may wonder what duty they have to bargain over specific changes to their ways of doing business.NLRB Memo

General Counsel Peter Robb recently provided some helpful guidance summarizing prior NLRB case law on this timely topic. The first portion of Robb’s memo (GC Memo 20-04) summarizes various Board decisions touching on an employer’s duty to bargain during public emergency situations, such as hurricanes, 9/11 and other emergencies.

By way of background, because an employer’s decision to lay off bargaining unit employees is a mandatory subject of bargaining, an employer is generally obligated to bargain with an incumbent union with respect to both the decision to lay off and the effects of that decision. However, an exception to that rule exists if an employer can demonstrate that economic exigencies compel prompt action. Although the Board has consistently maintained a narrow view of this exception, unforeseen extraordinary events which have a major economic effect may fit within it.

For example, in Port Printing & Specialties, 351 NLRB 1269 (2007), the Board ruled Continue reading

COVID-19 FAQs for Employers – Answers to Frequently Asked Employment Law and OSHA Regulatory Questions

As employers around the country grapple with the employment law and workplace safety regulatory implications of the 2019 Novel Coronavirus – now called “COVID-19,” the Labor & Employment Law and OSHA specialist attorneys at Conn Maciel Carey LLP have been fielding countless questions and helping our clients and friends in industry manage this pandemic.

To aid employers, we have created an extensive index of frequently asked questions with our answers about HR, employment law, and OSHA regulatory related developments and guidance.  Here are the categories addressed in the FAQs tool:

COVID FAQs Image

As this situation continues to evolve, we will Continue reading

What Do State and Local Stay-At-Home/Shelter-In-Place Orders Mean For Employers?

By Conn Maciel Carey’s COVID-19 Task Force

COVIDGovernors across the nation have signed various “stay-at-home” or “shelter-in-place” orders in an increased effort to slow the spread of COVID-19.  Many cities and counties have also signed such orders as well, including in states with no statewide order in place.  These orders vary in their scope in the restricted activities and affected industries but they typically address: (1) the continued operations of critical businesses; (2) restrictions on non-essential businesses; (3) the activities individuals may continue to perform; and (4) other limitations on gatherings.

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New COVID-19 Federal Paid Leave Requirements Signed into Law

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (the “Act”) to provide some relief to employees as a result of the Coronavirus (“COVID-19”).  This law will go into effect on April 1, 2020 and will expire on December 31, 2020.

Paid family leaveThe Act includes many provisions which apply to employers, such as paid sick leave for employees impacted by COVID-19 and those serving as caregivers for individuals with COVID-19.  Indeed, there are two provisions providing leave to employees forced to miss work because of the COVID-19 outbreak: an emergency expansion of the Family Medical Leave Act (FMLA) and a new federal paid sick leave law. The Act is the first federal law requiring private employers to provide paid sick leave to employees.  Importantly, not all private employers are covered, as the Act applies only to private employers with fewer than 500 employees.  A summary of the most relevant provisions of the emergency expansion of the FMLA and the paid sick law are as follows:

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[Webinar Recording] How Employers Can Respond to COVID-19 and Frequently Asked Questions

On Tuesday, March 17, 2020 at 2:30 PM Eastern, Eric J. ConnKara M. MacielAmanda R. Strainis-Walker, and Lindsay A. DiSalvo presented a complimentary webinar regardingOSHA Employment Crossover Webinar (Dec. 2019) “How Employers Can Respond to COVID-19 and Frequently Asked Questions.”
There have been a number of significant developments related to the 2019 Novel Coronavirus – now officially called “COVID-19.”  Today, the world health organization declared a global pandemic and there are over 1000 confirmed cases in the United States.

Participants in this webinar learned about recent developments and federal legal guidance including: Continue reading

Equal Employment Opportunity Commission Provides Guidance on What Actions Employers May Take to Address the Impact of COVID-19

The U.S. Equal Employment Opportunity Commission (EEOC) has published guidance for employers on disability-related concerns in light of COVID-19.  The EEOC enforces workplace anti-discrimination laws including the requirements for COVIDreasonable accommodations and rules about medical examinations and inquiries under the Americans with Disabilities Act (ADA).  In a post What You Should Know About the ADA, the Rehabilitation Act and the Coronavirus, the EEOC has made clear that while the ADA rules continue to apply, they “do not interfere with or prevent employers from following the guidelines and suggestions made by the [Centers for Disease Control and Prevention (CDC)] about steps employers should take regarding the Coronavirus.”

Specifically, the CDC has issued Interim Guidance for Businesses and Employers, which provides various recommendations including that employers “actively encourage” sick employees to stay home, perform routine environmental cleaning, emphasize that employees use respiratory etiquette and hand hygiene, and advise employees before traveling to take certain steps.

Notably, the Interim Guidance provides the following recommendations, which Continue reading

[Bonus Webinar] How Employers Can Respond to COVID-19 and Frequently Asked Questions

On Tuesday, March 17, 2020 at 2:30 PM Eastern, Eric J. Conn, Kara M. Maciel, Amanda R. Strainis-Walker, and Lindsay A. DiSalvo will present a complimentary webinar regarding “How Employers Can Respond to COVID-19 and Frequently Asked Questions.”OSHA Employment Crossover Webinar (Dec. 2019)  There have been a number of significant developments related to the 2019 Novel Coronavirus – now officially called “COVID-19.”  Today, the world health organization declared a global pandemic and there are over 1000 confirmed cases in the United States.

Participants in this webinar will learn Continue reading