COVID-19 Labor & Employment Resources

Arent Fox’s Labor & Employment group is providing continuous updates on key issues stemming from the COVID-19 pandemic. Below is an overview of all our Labor & Employment analysis and links to helpful resources.

State and Local Government Articles

May 19, 2020	Employers’ Best Practices to Avoid NYC Human Rights Violations While Responding to COVID-19
May 15, 2020	Massachusetts Issues Mandatory Workplace Safety Standards
May 8, 2020	California Presumes Workers’ Comp Covers Employee COVID-19
May 6, 2020	50-State Status Update: Essential Businesses and Permitted Activities Amid Stay At Home Orders
April 20, 2020	Virginia Governor Extends Certain COVID-19 Restrictions
April 17, 2020	Governor Hogan Issues New Face-Covering and Physical-Distancing Order
April 17, 2020	DC Mayor Extends Public Health Emergency, Stay at Home Order, and Closure of Non-Essential Businesses to May 15
April 16, 2020	Virginia Governor Ralph Northam Signs Spate of Pro-worker Statutes
April 15, 2020	Governor Northam Signs Groundbreaking Virginia Values Act
April 15, 2020	New Virginia Law Expands Whistleblowers Protection
April 7, 2020	Massachusetts Provides Updated Guidance Concerning COVID-19 Essential Services
April 6, 2020	California Employees May Sue for Civil Penalties, Even After Settling Individual Claim
March 31, 2020	DC Mayor Muriel Bowser Issues Stay-at-Home Order
March 30, 2020	Virginia Governor Issues Stay-at-Home Order
March 30, 2020	Maryland Governor Issues Stay-at-Home Order
March 25, 2020	DC Mayor Muriel Bowser Issues Order Limiting Gatherings and Closing Certain Non-essential Businesses
March 25, 2020	Governor Cuomo Signs “New York State on PAUSE” Executive Order Regarding Guidance on Essential Services
March 24, 2020	Virginia Governor Ralph Northam Issues Order Limiting Gatherings and Closing Certain Non-essential Businesses
March 24, 2020	Maryland Governor Larry Hogan Issues New Closure Order
March 23, 2020	Governor Cuomo Issues Statute of Limitations Suspension and All Non-Essential Filings Are Curtailed in Response to COVID-19
March 21, 2020	The District of Columbia Responds to COVID-19 Pandemic with New Workforce Protections

Paid Sick Leave Articles

April 24, 2020	California Enacts New Supplemental Paid Sick Leave for Food Industry and Agricultural Workers
April 23, 2020	San Francisco, San Jose Mandate Special COVID-19 Paid Leave
April 22, 2020	Emergency Regulations From Massachusetts Department of Unemployment Assistance Create New Standby Status
April 20, 2020	Employers Face New Los Angeles Supplemental Paid Sick Leave Ordinance

CARES Act Articles

May 7, 2020	Newly Released Guidance on Rehiring Employees for PPP Borrowers
April 30, 2020	DOD Clarifies Use of Section 3610 of the CARES Act to Reimburse Federal Contractors For Keeping Employees in a Ready State
April 29, 2020	DOL Issues Troubling Guidance on CARES Act Unemployment Benefits Impacting Certain Non-Profits
April 13, 2020	IRS Clarifies Interaction of Payroll Tax Deferral with PPP Loan Forgiveness Under CARES Act
April 7, 2020	SBA’s Answers to Frequently Asked Questions (FAQs) for the Paycheck Protection Program
April 6, 2020	SBA Offers Guidance on Affiliation Rules for Paycheck Protection Program
March 25, 2020	A New Marshall Plan: Congress Nears Passage of CARES Act
March 15, 2020	House Passes Bipartisan Coronavirus Relief Bill

Families First Coronavirus Response Act (FFCRA) Articles

May 14, 2020	Employers Beware: Avoiding Retaliation Claims in COVID-19 Era
May 8, 2020	Best Practices for Providing Notice and Documenting Paid Leave Requests Under the Family First Coronavirus Response Act
April 8, 2020	Quick Reference Guide on Providing Sick Leave, Family Leave, and Disability Leave to NY Employees Under New York Senate Bill S8091 and the FFCRA
April 3, 2020	Breaking News: Limitations on Receiving Sick Leave and Family Leave Under the FFCRA and New York State Senate Bill S8091
April 2, 2020	Treasury and IRS Release FAQs On Paid Sick and Family Leave Tax Credits for Small and Mid-Size Employers
April 2, 2020	US Department of Labor Issues Temporary Final Rule Implementing Families First Coronavirus Response Act
March 30, 2020	AF COVID-19 Podcast: Employer Obligations Under the Proposed Families First Coronavirus Act (H.R. 6201) (Podcast)
March 27, 2020	The Department of Labor Issues New Guidance Explaining Paid Sick Leave and Expanded Family and Medical Leave Under the Families First Coronavirus Response Act

FMLA and ADA Articles

May 8, 2020	Best Practices for Providing Notice and Documenting Paid Leave Requests Under the Family First Coronavirus Response Act
May 7, 2020	EEOC Updates COVID-19 Guidance on Dealing With Employees Who Have Underlying Medical Conditions
April 20, 2020	New: EEOC Updates COVID-19 Guidance
April 14, 2020	AF COVID-19 Podcast: Dealing with Health-Related Issues in the Workplace Under the ADA (Podcast)
April 10, 2020	The EEOC Updates Its COVID-19 Guidance
March 25, 2020	New York’s Paid Sick Leave, Disability Leave, and Family Leave Protections in the Wake of COVID-19
March 20, 2020	The EEOC Issues Additional Guidance in Light of COVID-19 Pandemic
March 20, 2020	FMLA Implications of the COVID-19 Pandemic
March 18, 2020	What the EEOC says that Employers Should Know about the ADA, the Rehabilitation Act, and COVID-19

Workplace Safety Articles

May 12, 2020	Workers’ Compensation Expands in Response to COVID-19
May 4, 2020	Top Considerations for Reopening Fashion and Retail Companies Amidst COVID-19
May 1, 2020	COVID-19: What Retailers Need to Know Before Reopening
May 1, 2020	Returning to Work in the Midst of COVID-19
April 29, 2020	Reimagining the World of Work Due to COVID-19
April 28, 2020	OSHA Issues Guidance Addressing Enforcement Procedures During COVID-19 Pandemic
March 16, 2020	OSHA’s Requirements for Preventing and Minimizing the Occupational Risks of COVID-19
February 16, 2020	CDC Publishes Interim Coronavirus Guidance for Employers

Wage and Hour Articles

April 3, 2020	California Offers Guidance on Wage and Hour Issues and COVID-19
March 16, 2020	FLSA Implications of the Coronavirus Pandemic

Trade Secrets Articles

April 17, 2020

Keeping Your Trade Secrets Secret – Reasonable Measures for Unreasonable Times

Layoff and Furlough Articles

March 26, 2020	California Orders Partial Suspension of Cal/WARN Act
March 22, 2020	Temporary Office Closings, Furloughs, and Layoffs: What Employers Should Know About the WARN Act

Employee Relations and Discipline Articles

March 25, 2020	Best Practices for Managing Employees While on Telework Status
March 17, 2020	Discipline and Employee Rights During the Coronavirus

Unemployment Insurance Articles

March 23, 2020

The Massachusetts Department of Unemployment Response to COVID-19

Government Resources

Entity	Description
California Labor & Workforce Development Agency	California Guidance for Employers and Workers
CDC	Guidance for Schools, Workplaces & Community Locations
CDC	CDC Travel Health Notices
DOL	DOL Issues New Rule Clarifying Overtime Exemption for Retail and Service Employees
DOL	DOL Issues FAQs on WARN Act and COVID-19
DOL	As Employers Begin to Reopen, DOL Issues Final Rule Clarifying Fluctuating Workweek Overtime Compensation Method
DOL	Department of Labor - Families First Coronavirus Response Act Q&A
DOL	FFCRA Poster for Federal Workers
DOL	FFCRA Poster for Non-Federal Workers
DOL	FFCRA Poster FAQs
DOL	Department of Labor Field Assistance Bulletin
DOL	Executive Order 13706 - Paid Sick Leave for Federal Contractors
DOL	FMLA FAQs
EEOC	Latest EEOC COVID-19 Guidance Addresses Two Key Employment Questions
EEOC	Checklist for Employers Regarding Anti-Harassment
EEOC	Technical Assistance Q & A
EEOC	Pandemic Preparedness in the Workplace and the ADA
EEOC	Transcript of Outreach Webinar
EEOC	Enforcement Guidance for Reasonable Accommodations
EEOC	Discrimination Based on National Origin or Race
EEOC	Tips for Small Businesses Regarding Harassment Policies
EEOC	Chart of Risk Factors for Harassment Strategies
EEOC	Technical Assistance on Severance Agreements
EEOC	Compilation of COVID-19 Resources
IRS	COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
USCIS	Executive Order Suspends Certain Green Card Applications & Hints That Additional Immigration Restrictions Are Forthcoming
New York	NY Executive Order 202.8 (March 20, 2020)
NY – Empire State Development	NY Request for Designation as Essential Business
Virginia	Virginia Values Act
Virginia	Virginia Whisteblower Statute
Virginia	Virginia Laws Combatting Worker Misclassification: House Bill 1407 Senate Bill 744 House Bill 984 Senate Bill 894 House Bill 1199 Senate Bill 662 House Bill 1646
Virginia	Virginia Laws Banning Employment Discrimination: House Bill 827 Senate Bill 712
Virginia	Virginia Laws Combatting Wage Theft: House Bill 123 Senate Bill 838 House Bill 337 Senate Bill 48
Virginia	Virginia Laws om Limitations on Non-Complete Agreements: House Bill 330 Senate Bill 480
Virginia Department of Labor and Industry	Virginia Unpaid Wages Claims
Virginia Employment Commission	Virginia Unemployment Claims