Workforce Bulletin

On June 17, 2020, the Equal Employment Opportunity Commission (the “EEOC” or “the Commission”) again updated its COVID-19-related technical assistance for employers (“Guidance”).  The Commission’s recent updates have focused on return-to-work issues (e.g., see June 11, 2020 Guidance update). This latest update advises employers that, at least for now, requiring employees to undergo antibody testing before re-entering the workplace violates the Americans with Disabilities Act (the “ADA”).

In reaching its conclusion, the EEOC relied on recent Interim ...

On June 13, 2020, New Jersey Governor Phil Murphy signed Executive Order 154 (“EO 154”), permitting the reopening of “personal care service facilities,” at 6:00 a.m. on June 22, 2020, provided the facilities comply with mandated social distancing and other health safeguarding requirements.  Specifically, EO 154 covers, “cosmetology shops; barber shops; beauty salons; hair braiding shops; nail salons; electrology facilities; spas, including day spas and medical spas, at which solely elective and cosmetic medical procedures are performed; massage parlors ...

As featured in #WorkforceWednesday: This week, we saw a landmark employment law decision and received clarifications on return-to-work issues involving older workers.

Video: YouTube, Vimeo, MP4, Instagram.

New Jersey Governor Phil Murphy issued Executive Orders last week increasing the permissible number of attendees for indoor and outdoor gatherings, lifting part of a prior Executive Order that had directed residents to stay home, and setting a date and requirements for the reopening of outdoor pools and other outdoor entertainment and recreation.

Executive Order 152 – Expanding the Limits on Indoor and Outdoor Gatherings

On June 9, 2020, Gov. Murphy signed Executive Order 152 (“EO 152”), which effective immediately, permits an increased number of people at indoor and ...

In a recent 5-4 decision, the Supreme Court, in Thole v. U.S. Bank N.A., 590 U.S. __ (2020), held that participants in defined benefit pension plans lack standing to sue plan fiduciaries for allegedly imprudent plan investments where the participants continue to receive their full benefits and no imminent risk that they will cease receiving their full benefits appears.

Defined benefit plans—once the staple of employer-sponsored retirement plans but now a diminishing share of that group—guarantee a monthly payment in retirement using a formula based on years of service and ...

As featured in #WorkforceWednesday:  Mobile technologies, including contact tracing and screening apps, will help safely bring employees back to work. However, there are a range of employment law and privacy concerns to consider before implementing these technologies. Attorneys Adam S. Forman and Karen Mandelbaum tell us more. You can also read more in a recent Law360 article.

Video: YouTube, Vimeo, MP4, Instagram.

On June 9, 2020, Governor Ralph Northam announced that Northern Virginia and Richmond will join the rest of the state in entering Phase Two on June 12, 2020, taking the next step to reopening the region.  Governor Northam’s Executive Order 65 further eased temporary restrictions throughout most of the Commonwealth of Virginia, initiating the “Safer at Home: Phase Two” strategy on June 5, 2020.

As we previously wrote, the Northern Virginia Region and Richmond entered Phase One on May 29, 2020.  In Phase Two, most of the restrictions remain fairly similar to Phase One reopening ...

Along with many European countries, the COVID-19 pandemic has affected employers and employees in Luxembourg.  On March 17, 2020, the Government of Luxembourg issued a State of Emergency until June 25, 2020 and implemented several measures and guidance to prevent the spread of COVID-19.  Luxembourg’s population of approximately 625,000, reportedly has 4,040 confirmed cases of COVID-19, 110 COVID-19 fatalities and 3,901 individuals who have recovered from the coronavirus.

Similar to other European jurisdictions, Luxembourg provides employers and employees with ...

As we have previously reported, since June 2019, the Massachusetts Department of Family and Medical Leave (the “DFML”) has proposed and adopted several “technical changes” and clarifications to the Massachusetts Paid Family and Medical Leave Law (the “PFML”). Our analysis of these proposals and revisions may be found here, here, and here. As part of the ongoing “technical changes,” the DFML recently published new proposed amendments (“New Proposed Amendments”) to the regulations governing the PFML (the “Regulations”). The New Proposed Amendments ...

Citing the continuing need to protect the New Jersey residents from COVID-19 (even as the state ramps up its reopening), on June 4, 2020, New Jersey Governor Phil Murphy signed Executive Order 151 (“EO 151”) , extending the state’s Public Health Emergency by thirty days, i.e., until July 4, 2020. Pursuant to EO 151, all Executive Orders and actions taken by any Executive Branch departments and agencies (including Administrative Orders) that were adopted in whole or in part based on the current Public Health Emergency will remain in full force and effect. A declared public health ...