BCLP At Work

BCLP At Work

Other Posts

Main Content

Nationwide Implications of CDC and NJ Updated Workplace Requirements

Recent state and federal developments are a reminder that the COVID-19 landscape is continually changing and demonstrate that businesses must remain alert and nimble as they address rapidly evolving mandates from both the federal and state sectors in the COVID-19 environment. Specifically, in the last week: (1) the Centers for Disease Control (“CDC”) issued interim guidance1 for critical infrastructure workers; and (2) an April 8, 2020 the Governor of New Jersey signed a new Executive Order2 expanding the state’s Stay-at-Home restrictions.

Businesses that continue to operate under Stay-at-Home orders can expect evolving requirements intended to keep workplaces safe. The New Jersey order is an example of just one state with recent changes; however, it is not alone. Many states are modifying their orders or issuing new guidance as the nation continues to learn more about COVID-19 and as the business community tries to understand and adjust to the orders. One of the biggest challenges is that there is no one source from which updated requirements for businesses might come. New requirements may be issued by state or local health departments, state or local executive orders, and federal agencies. These two most recent developments underscore the importance of continued monitoring to ensure businesses remain aware of the rapidly changing environment.

Below are just some of the details of these recent requirements:

CDC Interim Guidance:

  • Under the previous guidance, all workers, even those in the critical infrastructure sectors, were advised to leave work and “self-quarantine” for 14 days if exposed to someone with

CARES Act article from BCLP Benefits Blog

CARES Act article from BCLP Benefits Blog

April 8, 2020

Authored by: BCLP at Work

Our Employee Benefits and Executive Compensation colleagues have recently drafted an article on how the CARES Act limits executive compensation for U.S. businesses participating in CESA relief . Please click here for the full article: https://benefitsbclp.com/covid-19-cares-act-limits-executive-compensation-for-u-s-businesses-participating-in-cesa-relief/.

 

Employee Benefits blog posts

March 23, 2020

Categories

Employee Benefits blog posts

March 23, 2020

Authored by: BCLP at Work

Our colleagues from the Employee Benefits group have posted several articles important to our Employment and Labor clients. Please click here to see articles on:

Families First Coronavirus Response Act Part 1 of 2: Small Employer Tax Credits Families First Coronavirus Response Act Part 2 of 2: Impact on Employer Health Plans

COVID-19 Update – Employee Assistance Through Interest-Free Loans

As we explore ways to manage through these difficult economic times, employers who are looking for ways to assist employees who have seen their compensation reduced or former employees whose jobs have been temporarily eliminated due to the impact of the coronavirus quarantine may want to consider making interest-free loans available to those employees as a way to assist them economically during this difficult period.

Click here to read the Alert in full.

Medium and large businesses getting ready for private sector off-payroll working rules in the UK

Despite calls for the start date to be delayed, it appears that the extension of the off-payroll working rules to private sector engagements will go ahead in April 2020.

Under the draft legislation, responsibility for determining whether engagements with individuals who provide their services through an intermediary (typically a “PSC”) are within the off-payroll working rules shifts to the client, with the burden of operating PAYE and collecting National Insurance Contributions (“NICs”) falling on the relevant “fee payer” in the work supply chain. More detail about the requirements under the draft legislation can be found in our earlier blog.

As they prepare for the changes, many medium and large businesses are taking the opportunity to review their use of consultants and the terms of their contractor services more widely, in some cases leading to a major shake-up in engagement models. In addition to reviewing the terms which apply where a business contracts directly with a PSC, it is also important to consider the terms on which employment agencies provide contractor services.  With only six months to go until the changes go live, businesses which have not started the review process should act now.

Ninth Circuit Issues Important Decision in Domino’s Website Accessibility Action

January 23, 2019

Categories

As businesses continue to face lawsuits and demand letters alleging that their websites are inaccessible to blind and deaf patrons in violation of the Americans with Disabilities Act (“ADA”), courts across the country continue to weigh in on the issue.

Click here to read the recent article posted on our Retail Law blog.

California High Court Adopts New Test For Independent Contractors

In its decision on April 30, the California Supreme Court established a new test for classifying workers as independent contractors, with significant implications for the so-called “gig economy.” In Dynamex Operations West, Inc. v. Superior Court of Los Angeles, the Supreme Court laid out the “ABC Test,” which presumptively considers all workers to be employees and permits an independent contractor classification only if the hiring entity can show that all of the following conditions are met:

  • The worker has freedom from control or direction of the hiring entity over how to perform the work, both under contract and in fact;
  • The service is outside the company’s usual course of business or outside of all the places of business for which the service is performed; and
  • The worker is customarily engaged in an independently established trade, occupation or business of the same nature as the work performed for the hiring entity.
  • This new framework makes it significantly more difficult for companies to classify workers as independent contractors.  While Part A of the test is nothing new, Parts B and C may present unique challenges, particularly for the gig economy, where companies use app-based technologies to facilitate the provision of services that are paid by the “gig,” or some other measure beyond a traditional wage per hour.   Such businesses will likely contend that the services performed are outside their “usual course of business” because they are digital platforms facilitating the provision of services and payment by third party users, and do

    Antitrust Division to Criminally Prosecute No Poaching Agreements

    February 9, 2018

    Categories

    Antitrust Division to Criminally Prosecute No Poaching Agreements

    February 9, 2018

    Authored by: BCLP at Work

    The DOJ has indicated that it intends to prosecute companies that have entered into no-poaching agreements, an activity that has previously only been subject to civil enforcement. No-poaching agreements are arrangements between companies to not solicit or hire each other’s employees. Companies engaged in this conduct do not have to compete for customers to be susceptible to government scrutiny; they only need to compete for the same employees.

    Our Antitrust practice group has recently written a client alert on this topic. Click here to read the full alert.

    2018 In-House Counsel Guide to Data Privacy and Security – Now Available

    Bryan Cave is proud to present the third version of our in-house counsel’s guide to data privacy and security. The guide provides an overview of laws relevant to a variety of data matters topics, statistics that illustrate data privacy and security issues, and a breakdown of these data-related issues. It covers a range of privacy and security issues that apply in the HR context.

    Click Here to download a copy of this new guide.

    Freer authors article on social networking and sexual harassment in the workplace

    January 22, 2018

    Categories

    London Partner Gary Freer, head of Bryan Cave’s UK Employment Team, authored an article featured Jan. 18 in Personnel Today examining the impact of digital technology, such as professional social networks, on sexual harassment in the workplace. “Even if a statement is made anonymously – under cover of a username – if it is likely to have been made by an employee (as, in these networks, will almost always be the case) the employer will be held liable unless it can establish its statutory defence,” Freer explained. Read the full article here.

    The attorneys of Bryan Cave Leighton Paisner make this site available to you only for the educational purposes of imparting general information and a general understanding of the law. This site does not offer specific legal advice. Your use of this site does not create an attorney-client relationship between you and Bryan Cave LLP or any of its attorneys. Do not use this site as a substitute for specific legal advice from a licensed attorney. Much of the information on this site is based upon preliminary discussions in the absence of definitive advice or policy statements and therefore may change as soon as more definitive advice is available. Please review our full disclaimer.