News and Analysis
This week, the National Labor Relations Board (NLRB) announced another round of rule changes that would impact representation election procedures in two significant ways. OMA Connections Partner Benesch has summarized the latest NLRB developments in this analysis. 7/30/2020
The U.S. Department of Labor (DOL) has updated its guidance regarding COVID-19 protections under the Fair Labor Standards Act, the Family and Medical Leave Act, and the Families First Coronavirus Response Act (FFCRA). According to DOL, the new guidance provides plain-language questions and answers addressing critical issues under all three laws.
The agency has also published this fact sheet for employers, as well as FAQs, about paid sick and expanded family and medical leave under the FFCRA. Available guidance includes this poster to fulfill notice requirements for employers obligated to inform employees about their rights under the FFCRA. 7/22/2020
As the pandemic continues, some employees have expressed an interest in donating their own PTO to help co-workers and community members adversely impacted by COVID-19. OMA Connections Partner Fisher Phillips has published this guidance on how employers can provide employees with an opportunity to donate leave to assist pandemic victims. 7/20/2020
The U.S. Equal Employment Opportunity Commission (EEOC) has enlisted the National Academies of Sciences, Engineering, and Medicine’s Committee on National Statistics (CNSTAT) to assess EEO-1 Component 2 data from FY 2017 and 2018, the agency recently announced. CNSTAT will finish its analysis by Dec. 31, 2021.
The independent assessment will “answer critical questions about the data” and inform the Commission as it considers “the future of pay data collection,” EEOC Chair Janet Dhillon said in a press release. 7/20/2020
OMA Connections Partner Frantz Ward reports that the National Labor Relations Board (NLRB) this week gave employers “a clearer pathway to disciplining employees who engage in abusive workplace conduct — including profane, racist, and sexually harassing remarks — even when the conduct coincides with concerted activities otherwise protected by the National Labor Relations Act (NLRA). According to the firm, the NLRB’s decision also provides much-needed clarity for avoiding conflicts between the NLRA and various state and federal anti-discrimination laws.
OMA Connections Partner Fisher Phillips will host a free webinar Thursday, July 30, at 3 p.m. (ET) to discuss what employers should know about the tangled web of various federal, state and local laws that provide employees with protected leave. The webinar will aim to prepare employers for a possible “second wave” of COVID-19, including being prepared when employees ask to take leave for things like school closures, suspected exposure to coronavirus, or government mandated closures. 7/15/2020
In the wake of the pandemic, many states and localities have adopted interstate travel restrictions to maintain lower levels of spread and contain the virus. OMA Connections Partner Thompson Hine has published this update to summarize what employers need to know to get critical workers to and from these hot spots. 7/16/2020
Labor productivity declines were widespread among manufacturing industries in 2019, with decreases in 54 of the 86 industries studied. According to a new report from the U.S. Department of Labor, since 1987, the manufacturing subsectors seeing the greatest productivity increases have been computer and electronic products, textile mills, and transportation equipment. 7/14/2020
The U.S. Equal Employment Opportunity Commission (EEOC), recently announced two six-month pilot programs that will expand opportunities for parties to voluntarily resolve charges through mediation and increase the effectiveness of the conciliation process. Mediation is a voluntary, informal, and confidential way to resolve disputes with the help of a neutral mediator who is trained to help people discuss their differences. Learn more here. 7/13/2020
Ohio employers will not be charged for layoff aversion benefits paid to employees as a result of an Executive Order issued last week by Governor DeWine. The order enables the Ohio Department of Job and Family Services (ODJFS) to draw down federal funding authorized under the Coronavirus Aid, Relief, and Economic Security Act for the purpose of paying SharedWork Ohio compensation through the end of this year.
SharedWork Ohio is the state’s layoff aversion program that allows workers to remain employed and employers to retain trained staff during times of reduced business activity. As a part of the program, participating employers agree to reduce the affected employees’ hours, between 10% and 50%, for up to 52 weeks. In return, those employees receive SharedWork compensation (which is a prorated unemployment benefit).
Participating employers may receive retroactive credits for any SharedWork Ohio bills paid dating back to March 29. 7/9/2020