#WorkforceWednesday: Office Building Guidance, OSHA Steps Up, “Fluctuating Workweek” Rule

Employment Law This Week® - Episode 165


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

CDC Issues Office Building Reopening Guidance

The Centers for Disease Control has issued guidance for employers reopening office buildings. The guidance includes suggestions for daily screenings, staggered shifts, and social distancing measures. Review the guidelines here.

OSHA Steps Up COVID-19 Response

The Occupational Safety and Health Administration has announced plans to increase on-site inspections, and last week the agency testified to a House subcommittee that it has issued its first virus-related citation. OSHA also recently announced that it would require all employers to investigate employee COVID-19 confirmed cases and record and report “work-related” cases. 

DOL Issues “Fluctuating Workweek” Final Rule

The Department of Labor has issued a final rule clarifying that bonuses, commissions, and other additional compensation are permitted under the so-called "fluctuating workweek" method of payment.  Read more.

Other Highlights

PPP Borrowers: Beware of FCA Liability

Given the amount of money disbursed, and the haste with which many employers sought loans, the Paycheck Protection Program will likely provide fertile ground for False Claims Act litigation. Accordingly, borrowers should review their applications and document the basis for any loan request, the uses for any loan proceeds, and any forgiveness request.

“Dual-Marked” Ballots Tossed Out

A recent National Labor Relations Board decision makes “dual-marked” ballots void in union-representation elections. The decision applies retroactively to all pending cases in whatever stage, so communications and ballot instructions should be updated. Click for more.   

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