As the Centers for Disease Control and Prevention (CDC) continues to study COVID-19, the agency is regularly updating guidance on precautionary measures to further prevent the spread of COVID-19 across the United States. The agency has expanded its recommended precautions to include “wearing cloth face coverings in public settings where social distancing measures are difficult
Practice Areas
White House’s Parade of Immigration Restrictions, Sanctions
On April 23, 2020, at 11:59 p.m., President Donald Trump’s new proclamation limiting immigrant visa applications from foreign nationals living abroad became effective. That proclamation is hardly the only way the Administration is limiting immigration. Other restrictions on individuals include travel bans, the suspension of visa services, enhanced scrutiny of nonimmigrant visa petitions,…
EEOC Opines on COVID-19 Testing by Employers
In the past few weeks, the EEOC has updated its What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws on multiple occasions. The EEOC’s most recent update to this informal guidance provides an answer to the following question: “May an employer administer a COVID-19 test (a test…
UPDATE: NCAA Rejects Blanket Waiver of Minimum Sports Requirement in Midst of COVID-19
The NCAA Division I Council has rejected the efforts of the leaders of five Division I Conferences (the American Athletic, Mountain West, Mid-American, Sun Belt, and Conference USA conferences) who collectively had asked the NCAA for a blanket waiver on behalf 27 of the 32 NCAA Division I conferences to eliminate its current requirement that…
Presidential Proclamation Suspends Entry by Certain Immigrants for 60 Days during COVID-19 Crisis
A temporary suspension of entry by certain employment-based, family-based, and other immigrants has been enacted. For an analysis of the presidential proclamation suspending that immigration to the United States, please see our full publication here.
Analytics at Large: COVID-19 Data vs. HR Data — What’s the Difference?
By: Samantha Rhoads & Michael Cortes[1]
The COVID-19 pandemic has put a spotlight on statistical terms often unfamiliar to anyone but such professionals as statisticians and data scientists. Terminology such as infection rates, “flattening the curve,” and related statistical information are now being used as slogans and hashtags. This post offers a brief explanation…
FCC’s Declaratory Ruling on the TCPA’s “Emergency Purposes” Exception During COVID-19: Does it apply to Workplace Correspondence?
The Telephone Consumer Protection Act (“TCPA”) generally prohibits the use of automated dialing equipment or prerecorded voice messages to make calls, send text messages, or send faxes absent prior consent of the called party. This includes calls or texts to cellular phone numbers as well as calls to residential lines. There are limited exceptions to…
PPP Loan Forgiveness: Some Answers, Many Questions
Much has happened in the three-plus weeks since the Coronavirus Aid, Relief, and Economic Securities (CARES) Act was enacted on March 27, 2020. The $349 billion dollars appropriated to the newly created Paycheck Protection Program (PPP) has been exhausted. The Small Business Administration (SBA), the Federal agency administering the PPP, reports they have made over…
Will New Stimulus Bill Include Multiemployer Pension Reform?
What could be in the next stimulus bill in response to the COVID-19 pandemic? Congress reportedly is working on a bill (dubbed “Stimulus 3.5”) that includes additional funding for the Paycheck Protection Program created by the CARES Act. Will the new stimulus bill address long-awaited reforms to the multiemployer pension plan system?
The imminent…
OSHA Outlines Discretion in Issuing Citations During Coronavirus Pandemic based on Employer’s Good Faith Efforts
On April 16, 2020, OSHA issued an Enforcement Memorandum directed to Regional Administrators and State Plan Designees giving them Discretion in Enforcement when Considering an Employer’s Good Faith Efforts During the Coronavirus Disease 2019 (COVID-19) Pandemic. Under the Memo, OSHA acknowledges that some “employers may face difficulties complying with OSHA standards due to the…