#WorkforceWednesday: Look Beyond OSHA, Accommodation Clarification, Workshare Programs

Employment Law This Week® - Episode 163


Welcome to #WorkforceWednesday. Watch the week’s top workforce management and employment law news, and read further below:

Look Beyond OSHA for Return-to-Work Guidance

The Occupational Safety and Health Administration has indicated it will not issue any enforceable, general return-to-work guidance. Instead, the agency is issuing targeted guidance for specific industries. This leaves employers balancing guidance from other federal agencies and oftentimes multiple states.

EEOC Clarifies Accommodation Issues

The Equal Employment Opportunity Commission clarified when an employer can exclude an employee from the workplace due to COVID-19. The revised guidance makes it clear that employers must complete an individualized “direct threat” analysis. Click here for more.

DOL Releases Workshare Program Guidance

Some employers are opting for workshare programs during the pandemic. Workshare programs allow groups of workers to collect partial unemployment benefits while working reduced hours. Employers are normally responsible for covering half the costs for these programs. However, the Department of Labor’s recent guidance says that states could “choose not to charge” employers for these programs in certain circumstances.

Other Highlights

Long-Term Cybersecurity Planning

Employers have shifted to a remote workforce by necessity in the short term. In the long term, businesses may find remote work to be more efficient and productive. This restructuring of work requires a comprehensive evaluation of the corresponding cybersecurity risks and how best to address them. Here are 10 top considerations for employers.

PPP Loan Forgiveness

What should companies do in the absence of guidance on Paycheck Protection Program (PPP) loans? Make payments as consistently with last year’s payments as possible. Kimberly Weisul at Inc. spoke with attorney Susan Gross Sholinsky and others on best practices for complying with the PPP.

EEO-1 Reporting Delayed

The Equal Employment Opportunity Commission (EEOC) has announced it will delay the collection of EEO-1 demographic data until 2021. Accordingly, the EEOC’s online filing portal for 2019 EEO-1 filings will remain closed for now, and filers will be notified of the precise collection period as soon as it is available.

Stay Up to Date

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

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