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The CARES Act enacted a new Pandemic Unemployment Assistance (PUA) program for those who have been laid off or furloughed. PUA funds are administered through the state agencies that manage the state unemployment insurance programs, and are funds that eligible individuals receive on top of their state unemployment insurance benefits. Because state reopenings are ongoing and ever-changing, and because PUA eligibility is determined on a weekly basis, understanding which employees can take advantage of these benefits is key.

Continue Reading Individual eligibility for Pandemic Unemployment Assistance benefits

It is difficult to imagine another time when uncertainty and concern in the workplace have been at a higher level. The COVID-19 pandemic has led many states to issue stay-at-home orders, mandating that non-essential businesses shutter and implement telework and essential businesses operate under restrictions. As states “reopen” essential and non-essential businesses, employees will be called back to workplaces different than the ones from which they were furloughed or laid off. There will be new rules and restrictions, new working conditions and, in some places, a new concern about workforce reductions for economic reasons. Workers’ concerns about job security, safety and working conditions are a prime target for union organizing.

Continue Reading Employer responses to union organizing efforts during the COVID-19 pandemic

With multiple avenues for expanding a family and a plethora of different family models, employers would be wise to re-consider their parental leave policies to suit the needs of the modern family.

In May, a large multi-national corporation settled a class action lawsuit regarding its parental leave policy for $5 million. As written, the employer’s policy gave its employees who were primary care-givers 16 weeks of paid leave, and gave its employees who were non-primary care-givers only 2 weeks of paid leave. According to the lawsuit, the employer had an unwritten policy that made it almost impossible for men to qualify as a primary caregiver unless the birth mother was unable to care for the baby because she was medically incapable or because she was back at work. Such a policy, even if unwritten, could violate federal and state laws that prohibit employers from making employment decisions on the basis of sex.
Continue Reading Employers should review their parental leave policies in wake of parental leave class action settlement