Labor & Employment Law Perspectives

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By: Foley & Lardner LLP

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Latest from Labor & Employment Law Perspectives

While the landscape is far from settled, there is increasing evidence that the plaintiffs’ bar is gearing up for a wave of employment lawsuits stemming from the ongoing COVID-19 pandemic. These lawsuits typically allege an employer’s unlawful conduct as it relates to an employee’s pre-existing medical conditions, an employer’s obligation to accommodate for these conditions, an employer’s failure to take appropriate COVID-19 safety precautions in the workplace, or some combination thereof.  A typical example of…
Let’s take a break from worrying about the global pandemic to check on the health of your equity incentive plan. While we recommend that clients conduct a checkup every year, it is even more important when the economy is less stable.  The following outlines some of the best practices in reviewing equity incentive plans maintained by privately held companies. Publicly traded companies should engage in the same exercise, but are advised to consider slightly different…
A recent spate of lawsuits against large employers’ 401(k) retirement plans (a Plan) has refocused attention on the need for plan administrators to ensure that they are honoring their fiduciary duties and prudently managing their Plans. Many of these recent lawsuits allege that Plan administrators use costly investment options, fail to consider alternative investment options, and fail to exercise negotiating power to reduce fees. While there is no magic bullet to preventing such lawsuits, Plan…
As employers struggle to continue their operations under the “new normal” of the COVID-19 pandemic, we are already seeing a number of lawsuits stemming from the pandemic.  The following is a summary of the key issues that are likely to cause most employers headaches and potential exposure in the near future:  1. Failure to Safeguard the Workplace Nearly all employers know that they should maintain a safe and healthy workplace.  However, this has been difficult…
The COVID-19 pandemic has caused lots of changes in society (social distancing, wearing masks, singing the “Happy Birthday” song while washing your hands, etc.). One undeniable change has been the substantial increase in the number of employees teleworking (i.e., working remotely from home).  The U.S. Bureau of Labor Statistics reports that just under 33% of workers worked from home in June because of the coronavirus outbreak.  Moreover, there appears to be a growing belief that…
In the months since COVID-19 reached American shores, the mantra for employees who cannot telework has been if you feel sick, stay home.  Staying home when feeling ill is a key element of stopping the spread of COVID-19.  To help encourage this behavior, the Families First Coronavirus Relief Act (the “Act”) provides for up to 80 hours of paid leave for employees who work for employers with fewer than 500 employees.  The federal government supports…
As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents.  Employers are struggling to meet staffing needs and ensure that work is being performed, but also must recognize that employees can only perform effectively when they have a plan for educating and safeguarding their children.  We are receiving many questions about leave requirements and options employers…
Wisconsin employers with layoffs due to the COVID-19 pandemic must act before August 15th if they want to take advantage of Wisconsin law intended to afford a reduction of employer charges associated with their UI Account. The Wisconsin Department of Workforce Development (“DWD”) has issued guidance, based on its new interpretation of a law that provides a temporary reprieve for employers affected by the COVID-19 pandemic. However, employers need to act before the August…
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus Response Act (“the Act” or “FFCRA”). The Final Rule, which Foley’s Coronavirus Resource Center detailed here, outlines the DOL’s rules and directions regarding administration of the Act.   At issue in the Court’s decision are four provisions of the Final Rule:…
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus Response Act (“the Act” or “FFCRA”). The Final Rule, which Foley’s Coronavirus Resource Center detailed here, outlines the DOL’s rules and directions regarding administration of the Act.   At issue in the Court’s decision are four provisions of the Final Rule:…