Labor Market Imbalance, Return to Work, OSHA Enforcement Guidance

Welcome to #WorkforceWednesday. Here’s the week’s top workforce management and employment law news:

The COVID-19 Labor Market Imbalance (Video)

The COVID-19 pandemic has created a sudden imbalance in the labor market. While many employers are implementing layoffs or furloughs, other “essential” businesses are searching for additional employees to meet demand. Attorneys Nathaniel Glasser and Ian Carleton Schaefer discuss how employers can use creative approaches to address this imbalance. Read more about the strategies for employers (subscription required).

EEOC Addresses Return to Work

Last week, as part of the federal government’s shift to focus on reopening the economy, the Equal Employment Opportunity Commission released guidance concentrated on the Americans with Disabilities Act and return-to-work issues, like screening, testing, and personal protective equipment requirements.

OSHA Enforcement Guidance

In a recent memo, the Occupational Safety and Health Administration articulated its enforcement priorities for handling COVID-19 referrals, complaints, and severe illness reports. Read more about the memo. The agency also released guidance specific to the package delivery industry.

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Other Highlights

Force Majeure in the COVID-19 Era

The question many employers are now asking is whether COVID-19 allows them to invoke the force majeure clauses in their employment contracts to excuse their inability to perform their contractual obligations. And the answer is: It depends.

Time Is Money

Here’s a quick wage and hour tipon the de minimisdoctrine under the Fair Labor Standards Act.

FFCRA Challenged

The Attorney General for the State of New York, Letitia James, has already filed a legal challenge to the U.S. Department of Labor’s temporary rule interpreting the Families First Coronavirus Response Act. Learn more about the challenge.

Stay Up to Date

Our Coronavirus Resource Center is updated daily and always available at www.ebglaw.com/coronavirus.

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