Brooke Colaizzi During the COVID-19 pandemic, both the federal and Colorado state governments used some form of paid sick leave as a tool to help employees through illness, medical treatments, and school and daycare shutdowns. Now, paid sick leave is a permanent requirement for employers in the state of Colorado. On July 14, Governor Polis […]
Tag: COVID-19
Colorado Issues Mask Order for Public Indoor Spaces, Including Places of Employment
Joseph Hunt In response to the rising number of cases of COVID-19, Governor Polis issued an Executive Order requiring everyone in Colorado over ten years old to wear a mask when “entering or moving within any Public Indoor Space,” as well as when using or waiting to use public transportation or ride-sharing services. The Executive […]
D.C. Refuses Workers’ Appeal for COVID-19 Emergency Safety Standard – and OSHA Agrees
By Alyssa L. Levy On June 11, 2020, in the matter of In re: AFL-CIO, No. 19-1158 (D.C. Cir. June 11, 2020), the U.S. Court of Appeals for the D.C. Circuit upheld OSHA’s March 6, 2020 decision not to issue an emergency temporary standard (“ETS”) to “protect working people from occupational exposure to infectious disease, […]
District Court Refuses to Hear Workers’ COVID Claims
By Alyssa L. Levy As employees begin returning to work, the court’s decision in Rural Community Workers Alliance et al. v. Smithfield Foods Inc. et al., No. 5:20-cv-06063 (W.D. Mo. May 5, 2020) may influence whether courts hear claims about worker protections. In this case, the plaintiffs alleged the defendant employer failed to adequately protect its […]
As Economy Reopens, Colorado Paid Sick Leave Expands
By Brooke A. Colaizzi On the heels of Colorado Governor Jared Polis’ “Safer-At-Home,” Order designed to begin the opening of the Colorado economy, the Colorado Department of Labor and Employment amended the Colorado Health Emergency Leave With Pay (“HELP”) Rules to increase the paid sick leave available to employees in certain industries suffering or possibly […]
FFCRA Enforcement – DOL Investigating Employers for Denying COVID-19 Sick Leave
By Alyssa Levy On April 23, 2020, the U.S. Department of Labor issued a News Release about an Arizona employer who declined to pay sick leave benefits to an employee quarantined on doctor’s orders and who was ultimately made to pay full wages. The employer disputed the legitimacy of the quarantine order issued by a […]
The EEOC Advises Employers on Back-to-Work Preparedness
By Carissa Davis The EEOC notes that to safeguard health and safety, and consistent with the ADA, employers are permitted to make some disability-related inquiries and/or conduct medical examinations in the face of a pandemic. The inquiries or exams must be consistent with business necessity, i.e. necessary to identify employees whose presence would pose a […]
Families First Coronavirus Response Act Documentation and Recordkeeping Requirements
By Heather Vickles Leading up to the effective date of the Families First Coronavirus Response Act (FFCRA), one issue that remained unclear was what documentation employers can request from employees seeking leave under the FFCRA. The U.S. Department of Labor’s (DOL) temporary rule issued April 1, 2020, addresses this issue. The new DOL regulations require […]
Temporary Regulations Clarify FFCRA Mandates
By Carissa Davis On April 1, 2020, the Department of Labor (“DOL”) announced temporary regulations for Expanded Family and Medical Leave (“Expanded FMLA”) and Emergency Paid Sick Leave provided under the Families First Coronavirus Response Act (“FFCRA”). The situation remains incredibly fluid with new guidance issued daily, but the temporary regulations appear to clarify some […]
COVID-19 Recommendations for Businesses & Employers from the Arizona Department of Health Services
By Matt Hesketh The Arizona Department of Health Services (the Department) has issued guidance for businesses and employers to help prepare for and respond to the COVID-19 crisis. The Department also issued a fact sheet with information for businesses about COVID-19. Among other things, the Department recommends: Employees awaiting COVID-19 test results should remain in home […]