DoL Provides FAQ and Poster for the New FFCRA

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The Department of Labor has issued guidance on the new Families First Coronavirus Response Act (“FFCRA”) as well as a mandatory poster which must be displayed conspicuously in the workplace.  While the Act was set to go into effect fifteen days after the President signed it, which would have been April 2, 2020, the DoL has made it effective as of April 1, 2020.  Since March 17, 2020, when we wrote about the House passing its version of the FFCRA,

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(COVID-19) Governor Brad Little Issues Stay at Home Order

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The order announced earlier today by Governor Little has now been issued. In a nutshell, it orders all Idaho citizens to self-isolate for a period of 21 days from today (April 15, 2020). Exceptions to this order include the provision of “certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing.” All bars, nightclubs, gyms, and recreation facilities have been ordered to close.

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WARNing: COVID-19

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In recent weeks we have received numerous calls related to various employment issues involving the latest coronavirus, COVID-19. Issues range from wage and hour to safety. This article will focus on the Worker Adjustment and Retraining Notification Act (“WARN”), 29 U.S.C. §2101 et seq.

WARN requires, with some exceptions, sixty days advance written notice before a plant closing or mass layoff at any single site. Liability for noncompliance may include pay and benefits for 60 days,

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Federal Families First Coronavirus Response Act

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On March 14, 2020, the House of Representatives passed House of Representatives Bill 6201, the Families First Coronavirus Response Act.   The day before, President Trump tweeted his support of the bill, saying he would sign it when received. The Senate will likely vote on its version of the bill sometime this week.

As passed by the House, the bill temporarily amends the Family and Leave Act, provides emergency paid sick leave,

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New I-9 Form

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On or before May 1, 2020, employers must begin using a new I-9 form (Rev. 10/21/2019) in their hiring processes. There is no need to update existing I-9s for employees who previously and properly completed their forms. Other than a few changes to the instructions, there is little other change to the new form. For example, it clarifies that employers do not need to list “N/A” on unused lines.

If you have any questions about this or any other legal topic,

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Protecting Older Workers Against Discrimination Act

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Senate Bill 485 and House Bill 1230, identical bills entitled “Protecting Older Workers Against Discrimination Act,” are currently before Congress. The House majority leader has indicated that the House Bill may be considered within the next week.

These bills seek to overturn the United States Supreme Court’s ruling in Gross v. FBL Financial Services, Inc., 557 U.S. 167, 129 S.Ct. 2343 (2009), which held that for plaintiffs to prevail in age discrimination cases,

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NLRB Approves Greater Confidentiality in Workplace Investigations and Email Restrictions

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Excerpted from the National Labor Relations Board website:

Investigations

In a decision issued today, December 17, 2019, the National Labor Relations Board held that work rules requiring confidentiality during the course of workplace investigations are presumptively lawful. The case, Apogee Retail LLC d/b/a Unique Thrift Store, 368 NLRB No. 144 (2019), overturns a 2015 decision— Banner Estrella Medical Center, 362 NLRB 1108 (2015), enf. denied on other grounds 851 F.3d 35 (D.C.

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New Overtime Rule Effective January 1, 2020

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On September 24, 2019, the Department of Labor announced its final updates to the “white collar” overtime exemption rules. These new rules go into effect on January 1, 2020. These rules affect, among others, administrative, executive, and professional employees who may be exempt from overtime payments if certain conditions are met. The updates to the exemption conditions include:

  • Raising the standard salary condition from $455 per week to $684 per week ($35,568.00 per year for full time workers);

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Change to Idaho Wage & Hour Law May Increase Worker Claims

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Idaho’s workers will soon have more time to file their wage and hour claims against their employers. House Bill 113 was signed into law by the Governor on March 18, 2019, and goes into effect on July 1, 2019. According to the bill’s statement of purpose, “The Idaho Department of Labor currently has 916 open claims. Approximately 70 percent of these open claims are for partial unpaid wages or additional wages owed. The Department receives an average of six new claims each day.

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Supreme Court to Decide if Title VII Protects LGBTQ Communities

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On Monday, April 22, 2019, the United States Supreme Court agreed to hear three cases regarding whether Title VII of the Civil Rights Act protects the LGBTQ communities from discrimination based on sex.

The Act does not specifically mention sexual orientation, gender identity, or transgender status, but many appellate courts and the Equal Employment Opportunity Commission have read the prohibition against “sex” as covering these groups of people. Other appellate courts have insisted that the prohibition does not apply to these groups.

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