SuperVision - Labor and Employment Law Insights: Issue 2, September 2020

The Editors' Note -

Welcome to this edition of SuperVision, the e-newsletter for Spilman Thomas & Battle's Labor & Employment Law Group. 2020 continues to bring unforeseen challenges, but employers are beginning to get back to work at full strength. Meanwhile, the CDC dropped their recommendation that employees who travel overseas or even out-of-state should quarantine for 14 days. The CDC's new recommendation is that travelers simply follow state and local recommendations or requirements for what they should do following travel. Please note that many states, including Pennsylvania, Ohio and Kentucky, have adopted quarantine recommendations or requirements that -- as of the date we published -- remain in effect but could be revised in the near future as a result of the CDC guidance. Please contact any member of our COVID-19 Task Force for the latest.

Additionally, the EEOC has announced that it will resume dismissing fully investigated charges, a practice the Commission stopped in the spring. The EEOC intends to issue the backlog of Notices of Rights to Sue with the goal of completing work on the suspended Notices by the end of the EEOC's fiscal year on September 30, 2020. Of course, those Notices could lead to lawsuits.

In this edition of SuperVision, Carrie Grundmann reviews Virginia's first-in-the-nation guidance on COVID-19 workplace rules, which could be coming to other jurisdictions in the near future; Megan Mullins explores new National Labor Relations Board guidance on improper conduct in negotiations; Sarah Kowalkowski addresses questions and answers about remote learning and FFCRA paid leave; and we return with a summary of a recent decision out of the Southern District of New York invalidating parts of the emergency rule implementing the Families First Coronavirus Relief Act (i.e., the law that provides for mandatory paid leave for COVID-19-related reasons with small employers).

Please see full Newsletter below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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