May 20, 2020
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Americans Still Uncomfortable Returning to Work or Being in Crowds

Along with the rest of the world, we’re continuing to watch the reopening efforts unfolding. In countries like France and Iran, which have reopened in recent weeks, there have been setbacks as new outbreaks pop up; something that epidemiologists and public health experts expected.

Here in the U.S., reopening has been left largely up to choices on a state-by-state or even county-by-county basis, often with states reopening while not yet meeting CDC guidelines regarding insufficient testing regimes or too many daily cases to make contact tracing logistically feasible.

One of the major hurdles to reopening, as we have noted in previous blog posts, is ensuring that employers have taken appropriate safeguards to protect their workers. As we learn more about the virus, one thing that is increasingly clear is that many of the major outbreaks are occurring at the workplace, with significant hotspots at prisons, call centers, meat processing facilities, and warehouses where many people are crammed together in poorly ventilated areas. At the end of April, 66% of workers were not comfortable returning to the workplace.

At this point, without firm guidelines, and a Senate majority leader blocking any progress on a new round of stimulus unless employers are exempted from liability regarding workplace safety, there is still too much uncertainty regarding employees safety at work. On top of that, some states are trying to force workers off unemployment rolls by making them ineligible for benefits if they are invited back to work by the employers, regardless of whether the employers have taken COVID-specific health and safety precautions.

Ultimately in the U.S., it will be up to individuals to make these determinations. In April, the Associated Press reported that 94% of Americans were avoiding large crowds, and according to former Obama-era official Andy Slavitt, that number has barely budged, with 70% saying it will take months for them to feel comfortable in crowds of 10 or more.

DOL Revises FFCRA after Southern District Invalidates Four Sections

September 18, 2020
Paid Family Leave
The Department of Labor revisions to FFCRA, which went into effect on September 16, 2020, have been widely anticipated and it is hoped that they will reduce some of the issues surrounding paid leave and employees qualification for taking protected leaves.

Employees Push Back at Tech Companies for Giving Parents too Much

September 11, 2020
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It might seem like vanilla stuff for some of the world’s almost capitalized companies in the world to provide extra support to employees during a global pandemic, but not so at companies like Facebook and Twitter, where a rift has formed between parents, non-parents and employers over the companies’ policy responses to daycare and school closures.

This Week in FFCRA Complaints: Dismissals While Seeking Paid Leave

September 11, 2020
Leave
Disability Discrimination
It appears employers continue to terminate workers who are supposed to be protected under the FFCRA. This week, we’ve highlighted several cases where employees were waiting for test results or already diagnosed with Covid-19 and subsequently fired when seeking paid leave.

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