Tag archives: Covid-19

Can employers require their employees to get the Covid-19 vaccine?

With the announcement that one of the Covid-19 vaccines has received approval from the UK regulator, employers are now asking whether they can insist that employees are vaccinated before returning to the workplace. There are clearly legal and moral issues that need to be considered.

Firstly, the anticipated Covid-19 vaccination programme in the UK will not be made mandatory as the UK government does not have legal power to do this, alongside the challenges and human rights concerns this would raise in any event. The UK Government has the power to prevent, control or mitigate the spread of an infection … Continue Reading

California imposes new requirement of a COVID-19 Prevention Program

With the approval of Cal/OSHA’s new COVID-19 regulations, the proponents of action-taking won out over those who felt California’s existing laws, regulations, and enforcement arsenal were sufficient to meet the moment. It’s clear that California likes to lead—though it’s not the first state to enact specific COVID-19 standards (Virginia and Oregon got there first).… Continue Reading

Guidance published on the Extension of the UK Furlough Scheme

Further to our blog post on 5 November, when the UK Government announced that the Coronavirus Job Retention Scheme (CJRS) will remain open until 31 March 2021, the Government has now published detailed guidance on the extension of the scheme. The guidance is comprised of a number of different documents covering such matters as which employees can be claimed for and how to calculate the claim under the scheme.

The main points to note from the guidance are as follows:

  • For the period 1 November 2020 to 31 January 2021 the Government will pay 80% of wages for hours not
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UK Job Retention Scheme extended until 31 March 2021

Further to our post about the extension of the Coronavirus Job Retention Scheme (CJRS), the Chancellor announced on 5 November that the CJRS (also known as the furlough scheme) will remain open until 31 March 2021. The Government also published a policy paper setting out further details of the CJRS, confirming that the scheme rules will remain the same except where indicated otherwise.

The main points to note are that:

  • For claim periods running to January 2021, employees will receive 80% of their usual salary for hours not worked, up to a maximum of £2,500 per month. The £2,500 cap
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Chancellor announces amendments to the UK Job Support Scheme

As we announced in our blog post here on 24 September the UK Chancellor outlined additional government support to help businesses and workers impacted by COVID-19, which would come into force once the Coronavirus Job Retention Scheme (CJRS) ends on 31 October 2020. However, with further restrictions being placed on businesses and the introduction of a three tier lockdown, the Government announced on 22 October that the level of support to be provided under the Job Support Scheme (JSS) would be increased.

The JSS relating to businesses that can remain open has been renamed the Job Support Scheme Open (JSS … Continue Reading

Job Support Scheme – Expansion for Closed Business Premises

In our previous blog post here  we told you about the Job Support Scheme (JSS), which is due to come into force on 1 November, and will provide support to employers where employees work reduced working hours. On 9 October, the Government announced an extension of the JSS to provide temporary support to businesses whose premises are legally required to close as a direct result of Coronavirus restrictions set out by one or more of the four governments of the UK. The purpose of this expansion is to help businesses through that temporary closure, by supporting the wage costs of … Continue Reading

Legacy Employers: Who are they? Can they still access the temporary JobKeeper enabling directions under the Fair Work Act 2009 (Cth)?

When extending Part 6-4C of the Fair Work Act (Cth) (FW Act), the government recognised there would be employers who had previously qualified for the JobKeeper scheme, but who would no longer qualify to participate in the scheme following its extension past the end of September 2020.… Continue Reading

Amendments to the JobKeeper scheme

On 3 September 2020, the Coronavirus Economic Response Package (JobKeeper Payments) Amendment Act 2020 (Cth) (Act)[1] passed both houses of the Commonwealth Parliament, extending the JobKeeper scheme, varying employer JobKeeper eligibility requirements and making amendments to the Fair Work Act 2009 (Cth) (FW Act).… Continue Reading

End of the lockdown in France: what are the precautions for employers operating in France?

On 7 May, the French Prime Minister announced the date chosen for the start of the “de-confinement” phase for France, namely 11 May 2020.

The lockdown, which started on 17 March, lasted almost 2 months during which some shops and businesses were closed, and the vast majority of companies operated on the basis of remote working. The lockdown weighed heavily on the national economy, with 12.2 million employees now covered by the short-time working scheme (i.e. six out of ten jobs in the private sector).

While public health has obviously been the government’s primary consideration in setting the plan to … Continue Reading

Employment law under COVID-19 lockdown: 10 things to know

The government enforced 21 day lockdown raises many issues relating to employee rights, including concerns around whether leave (for workers who cannot work from home) will be paid or unpaid, whether UIF (Unemployment Insurance Fund) applies and what the rights of essential workers are.

Here are ten things to know about employment law during the COVID-19 lockdown.

  1. If employees are able to work from home, they should do so.
  2. If employees cannot work from home, employers can request that staff take their annual paid leave during this time. The Basic Conditions of Employment Act allows an employer to determine when
Continue Reading

La France sort du confinement : Quelles précautions pour les employeurs ?

Le 7 mai dernier, le Premier Ministre a annoncé la date retenue pour le début de la phase de déconfinement des Français dans le cadre du plan de lutte contre le Covid-19, à savoir le 11 mai 2020.

Le confinement, qui a commencé  le 17 mars dernier, aura duré près de 2 mois durant lesquels certains commerces et entreprises ont été fermés, et la grande majorité des entreprises a fonctionné sur la base du télétravail. Le confinement aura lourdement pesé sur l’économie nationale, 12,2 millions de salariés étant aujourd’hui couverts par le dispositif du chômage partiel (soit six emplois sur … Continue Reading

Five cost cutting measures to sustain your business and safeguard your employees

This article was written with the assistance of Kriyanka Reddi, Candidate Attorney, Norton Rose Fulbright South Africa Inc

The declaration of a state of national disaster due to COVID-19 and the resulting nationwide lockdown has left employers and employees in a precarious situation. The lockdown has had a devastating impact on employment throughout the country, with many employees feeling the financial pinch of not having worked throughout the lockdown. What is clear is that employers are legally not obliged to remunerate employees, in instances where their employees are not able to work on account of the lockdown. The impact on … Continue Reading

UK Pensions: Regulator’s annual DB funding statement urges collaboration to meet COVID-19 challenges

 

On April 30, 2020, the Pensions Regulator published its 2020 funding statement for defined benefit (DB) schemes with valuation dates between September 22, 2019, and September 21, 2020. However, these COVID-19 times are challenging for all businesses, and the effects of the pandemic are relevant to all DB schemes.

The statement urges collaboration between trustees and employers to manage scheme funding impacts and to maintain a focus on the long term, particularly regarding planning and risk management. With the uncertainty of the COVID-19 crisis, effects will be marked on both the short-term business impact of the lockdown … Continue Reading

Reduction in work considerations for New York employers during the COVID-19 pandemic

It has been nearly one month since the “New York on PAUSE” Order was implemented to combat the effects of the COVID-19 pandemic.  Yesterday, Governor Cuomo announced that the Order will be extended until May 15, 2020, requiring non-essential businesses across New York to remain closed for at least an additional month.  With these ongoing restrictions, employers continue to navigate the evolving legal landscape with the understanding that business interruptions may not be as temporary as initially anticipated.  To stay afloat amidst these disruptions, companies may have to make difficult business decisions, including implementing layoffs, furloughs, and pay reductions for … Continue Reading

US: New COVID-19-related paid sick leave requirements for larger Los Angeles employers

Employers with either 500 or more employees within the City of Los Angeles, or who employ at least one employee in Los Angeles and have 2,000 or more employees within the US, must now provide supplemental paid sick leave for reasons related to the coronavirus pandemic for those employees performing work in the city. Notably, while employers of this size are exempt from the recent federal paid sick leave law, they must immediately become familiar with this new obligation under an emergency order signed by the Mayor.  For more information, see our legal update Los Angeles emergency public order imposes Continue Reading

France implements new social measures to face the pandemic

The first COVID-19 cases appeared in France a few weeks ago and French people have been in lockdown since March 17. The repercussions of this pandemic are significant, and the Government has been authorized, by Emergency Act No. 2020-290 of 23 March 2020, to take measures through ordinances (which means that no debate is required before Parliament, and the ordinances are voted directly by the Council of Ministers).

Several ordinances on employment-related matters were adopted by the Council of Ministers on 27 March 2020, and published. A decree was also issued to extend the rules of reduction in activity (short-time … Continue Reading

US: DOL issues guidance on coronavirus paid leave rule and clarifies coverage for stay-at-home orders

On April 1, 2020, the US Department of Labor (DOL) issued a temporary rule providing key guidance on paid leave under the Families First Coronavirus Response Act (FFCRA). The rule clarifies that employees covered under a federal, state or local stay–at-home order may be eligible for paid FFCRA leave but only if work or telework is available. The rule also provides detailed guidance on teleworking, the small business exemption, required documentation and a number of other points.  For more information, see our legal update, US: DOL issues key federal paid leave rule, extends leave to certain employees under stay-at-home ordersContinue Reading

La France face à la pandémie : les mesures sociales s’organisent

Le COVID-19 a fait son apparition en France il y a quelques semaines déjà et les Français sont confinés depuis le 17 mars dernier. Les répercussions de cette pandémie sont importantes, et le Gouvernement a été autorisé, par la loi n° 2020-290 du 23 mars 2020 d’urgence pour faire face à l’épidémie de covid-19, à prendre des mesures par voie d’ordonnance.

Plusieurs ordonnances ont été adoptées en Conseil des ministres le 27 mars 2020, et publiées au Journal Officiel, en matière sociale. Un décret est venu élargir les règles de l’activité partielle. De nouvelles ordonnances sont par ailleurs venues compléter … Continue Reading

Temporary variations to the Hospitality and Clerks modern awards in response to the COVID-19 pandemic

The Fair Work Commission (FWC) has acted on applications made by employer associations and unions by varying a number of awards to introduce temporary flexibility provisions in light of the COVID-19 pandemic and the associated public health orders. These important measures aim to provide employers with the flexibility to resource their businesses appropriately in the current climate whilst maintaining compliance with the applicable modern award, allowing them to continue active operations and retain employees.… Continue Reading

US: Employer obligations for COVID-19 mandated remote work expenses (California and beyond)

To reduce the spread of COVID-19, many employers are requiring their employees to work remotely (either voluntarily or because several states, including California and New York, have imposed social distancing restrictions). The new work-from-home reality has implications for employers with workers employed in California and other states, as described in COVID-19: Working from home and employer reimbursement of remote-work expenses in California and beyond.  For more information, read COVID-19: Working from home and employer reimbursement of remote-work expenses in California and beyond, and for additional information about legal implications of COVID-19, see Coronavirus: Legal implications of a global Continue Reading

US DOL issues new guidance on COVID-19 paid sick and family leave

The US Department of Labor (DOL) issued guidance which answers a number of key questions on the new federal coronavirus paid sick leave and emergency Family and Medical Leave Act leave, including when the law takes effect, how to count employees for purposes of the 500-employee threshold, how to treat related employers and other key questions. The DOL also issued model paid sick leave posters and announced limited amnesty for violations through April 17th.  For more information, read US DOL answers questions on new federal sick and family leave, issues new posters and announces limited amnesty and see our chart Continue Reading

Employment law under COVID-19 lockdown: 10 things to know

The government enforced 21 day lockdown raises many issues relating to employee rights, including concerns around whether leave (for workers who cannot work from home) will be paid or unpaid, whether UIF (Unemployment Insurance Fund) applies and what the rights of essential workers are.

Here are ten things to know about employment law during the COVID-19 lockdown.

  1. If employees are able to work from home, they should do so.
  2. If employees cannot work from home, employers can request that staff take their annual paid leave during this time. The Basic Conditions of Employment Act allows an employer to determine when
Continue Reading
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