Legal Corner – April 2020

Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law.

DOL publishes rule clarifying coronavirus leave law

On April 1^st, the DOL released a rule that gives clarity on FFCRA regulations. This included clarifications on employees using other leave, such as PTO, along with the expanded family and medical leave, and addressed inconsistencies between the FFCRA and FMLA.

The EEOC approved screening for COVID-19 before employees return to work

In preparation for employees returning to the workplace, the EEOC has made provisions under the ADA, allowing employers to screen for COVID-19 before allowing employees to return to work. Upon return, the EEOC recommends continuing to observe infection control practices such as frequent handwashing and social distancing.

New Form I-9 required but temporary remote verification allowed for some employers

The new Form I-9 went into effect on May 1^st, 2020, and must be used for new hires, including bringing back employees who were laid off due to COVID-19. The Department of Homeland Security is temporarily relaxing physical presence requirements until May 19th, 2020, allowing remote verification, but this must be tracked and verified in person within three days of commencement of normal operations.

Illinois Department of Human Rights releases sexual harassment training requirements

The IL Department of Human Rights has shared its requirements for sexual harassment training:

• An explanation of sexual harassment as defined by the Illinois Human Rights Act
• Examples of conduct that constitutes unlawful sexual harassment
• A summary of relevant federal and Illinois statutory provisions concerning sexual harassment, including remedies available to victims of sexual harassment
• A summary of employers’ responsibilities for the prevention, investigation, and corrective measures of sexual harassment

All IL employers must provide Anti-Sexual Harassment Training to employees by the end of the year.

New York enacts paid sick leave law

On April 3^rd, 2020, the NY Governor signed the budget for 2021, which included a new statewide paid sick leave requirement. Employers of all sizes will be required to provide sick leave. The number of hours to be provided and whether it must be paid is dependent on company size.

DC adopts expanded sick leave and unemployment amendments

This new law was signed on April 10^th and will be effective until July 9^th. The law will expand the unemployment insurance program and create new paid sick leave entitlements.

San Francisco and San Jose provide emergency paid sick leave to cover FFCRA eligibility gaps

Both San Francisco and San Jose have adopted COVID-19 specific paid sick leave requirements to expand eligibility beyond FFCRA paid leave requirements.

Some state regulations going into effect this month

• New York City bans marijuana for pre-employment drug tests (05/10/2020)
• Oregon employers with less than 4 employees must enroll in payroll-deduction IRA program (Oregon Saves) (05/15/2020)
• New York paycheck statement requirements (05/20/2020)
• New Mexico pregnancy protections/accommodations (05/20/2020)
• New Mexico ban on NDAs for sexual harassment, discrimination, and retaliation claims (05/20/2020)