Employment Archives | Page 26 of 105 | EMPLOYEE BENEFITS BLOG

In Spain, Employers Contend with Pandemic’s Changing Impact

by Brian S. Cousin | Sep 1, 2020 | Employee Benefits, Employment

Employers in Spain are contending with the ongoing effects of the coronavirus pandemic, which continues to raise health and safety concerns. A resurgence of COVID-19 cases in July prompted some parts of the country to re-implement restrictions that had been lifted earlier.

“Spain was among the countries hit hardest by the coronavirus,” said Brian Cousin, head of the employment practice group at McDermott Will & Emery, in a recent article by the Society for Human Resource Management (SHRM). Employers and HR professionals in Spain should monitor news about national and local restrictions and regulations, as well as new guidance issued by local health authorities, the Spanish Health Ministry and the World Health Organization, according to Cousin. “Local and regional requirements can change on a daily basis,” he said.

Access the article.

How to Build COVID-19 Employment Litigation Defenses Now

by Rachel B. Cowen, Brian Mead and Richard I. Scharlat | Aug 20, 2020 | Employment, Privacy and Data Security

The employment and business decisions made by employers under the specter of the unprecedented COVID-19 pandemic are now being tested by plaintiffs’ lawyers. Employers of all sizes should expect a flood of employment litigation alongside ever-changing conditions, constantly updated guidance and, at times, conflicting state and local guidance. Litigation avoidance will require a team effort and proactive communication – both internally and externally. This article outlines the types of claim that are emerging and are expected to increase as a result of COVID-19.

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COVID-19 Global Guide for Business Provides Important Information for Employers about Reopening

by Brian S. Cousin, Manuel Rajunov, Richard I. Scharlat and Sarah Schanz | Aug 13, 2020 | Employment

The COVID-19 Global Guide for Business provides employers with the latest information on returning to work. Nations around the world are struggling to reopen amid the coronavirus pandemic, and government responses to COVID-19 differ significantly based on local laws, culture, politics and the severity of the outbreak. Legal professionals in 50+ countries contributed to this complimentary guide, which now has two volumes: Responding to the Pandemic and Returning to Work. Both are designed for C-level executives, HR professionals and in-house counsel.

Access the COVID-19 Global Guide for Business.

Employers Cast Wary Eye on President Trump’s Deferral of Payroll Tax

by David Fuller | Aug 12, 2020 | Benefit Controversies, Employment

Employers considering President Trump’s plan to allow deferred payment of payroll taxes face a series of costs, uncertainties and headaches. The president wants employers to stop collecting the 6.2% levy that is the employee share of Social Security taxes for many workers, starting September 1 and going through the end of the year. The president’s plan doesn’t change how much tax employees and employers actually owe. Only Congress can do that.

In a recent article by The Wall Street Journal, David Fuller, a tax lawyer at McDermott in Washington, DC, said, “We’re looking at a crystal ball not knowing what we’re going to see.”

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What to Do When Scared Workers Do Not Respond to Work Due to COVID-19

by Pankit Doshi | Aug 4, 2020 | Employment

Some essential workers are refusing to go to work out of fear of contracting COVID-19. Their employers must weigh the employees’ legal rights and understandable health concerns with the organizations’ business needs. It can be a tough balancing act.

In a recent article, McDermott Partner Pankit Doshi said employers may relax documentation requirements due to the difficulty some employees could have obtaining access to medical providers during the pandemic and to encourage ill employees to stay away from work.

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Use of the Coronavirus Alert App in the Employment Relationship in Germany

by Dr. Thomas Gennert, Philip Uecker and Julian Jäger | Jul 30, 2020 | Employment, Privacy and Data Security

In Germany, a Corona Alert App has been deployed. If a user tests positive for COVID-19, it’s entirely up to the user to share the test result via the app. Employees are at liberty to use the app voluntarily on their personal devices, but employers cannot oblige employees to use it on a private or company mobile phone outside of working hours.

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Background Checks: The Advent of the New California Employment Class Action

by Chris Braham, Yesenia M. Gallegos, Maria C. Rodriguez and Marjorie C. Soto Garcia | Jul 28, 2020 | Employment, Privacy and Data Security

Class action litigation brought under the Fair Credit Reporting Act (FCRA) is on the rise—particularly in California—after the US Court of Appeals for the Ninth Circuit issued a 2017 decision applying a hypertechnical approach to the FCRA’s disclosure requirements. Background checks are an integral part of the hiring process, but they open employers up to lawsuits for noncompliance with disclosure or adverse action requirements. Plaintiffs’ firms are turning their attention to these cases because of the potential for statutory and actual damages, punitive damages, costs and attorneys’ fees.

Please join us for a complimentary webinar Thursday, July 30 as we discuss strategies to help employers avoid and defend these claims.

Learn more and register.

Don’t Fear the Math – Analyzing Layoffs, Plant Closings Under the WARN Act

by Kate De La Cruz | Jul 23, 2020 | Employment

Complying with the federal WARN Act, a layoff or shutdown notification law, and its state counterparts is more than just crunching numbers. In a recent Bloomberg Law article, McDermott Will & Emery’s Kate De La Cruz examines five “alarms” companies should consider to ensure compliance.

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Use a Checklist to Avoid LGBTQ Discrimination in Your Benefits Programs

by Jacob Mattinson | Jul 21, 2020 | Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans

The US Supreme Court ruled June 15 in Bostock v. Clayton County, Ga. that the prohibition against sex discrimination in the workplace under Title VII of the Civil Rights Act covers sexual orientation and gender identity. Title VII applies to employers with 15 or more employees, including part-time and temporary workers.

Following the decision, benefits experts advise that employers review their benefits programs to ensure that lesbian, gay, bisexual, transgender and queer (LGBTQ) employees are treated equally. Employers can use a checklist to find and correct discriminatory language and practices, and thereby reduce the likelihood of being sued under Title VII or other statutes that provide employees with sexual-orientation and gender-identity protections.

Access the full article.

Returning to the Workplace in the UK: Key Issues for Employers

by Katie Clark and Paul McGrath | Jul 8, 2020 | Employment

As the UK Government works through its phased COVID-19 recovery strategy and lockdown restrictions are progressively eased, employers in the United Kingdom are contemplating the implications of returning staff to the workplace. In this article, we address some of the key issues for employers to consider, with a particular focus on the UK Government’s “Covid-secure” workplace guidance. The issues raised in this article are subject to any local requirements that may apply in Wales, Scotland and Northern Ireland.

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