Tag archives: pandemic

Employee’s receipt of CERB doesn’t change employer’s obligations

By John Schudlo on May 6, 2021 Posted in Canada, North America

The Ontario Superior Court recently held that a dismissed employee who received Canada Emergency Response Benefit (CERB) payments immediately following his dismissal should not receive less in wrongful dismissal damages on account of the fact he received the emergency benefit. The decision underscores the point that CERB does not affect an employer’s post-termination obligations. In … Continue reading

Télétravail obligatoire en contexte de pandémie : l’exception demeure les employés dont la présence est essentielle à la poursuite des activités de l’employeur

By Megda Belkacemi on May 6, 2021 Posted in Canada, North America, Québec

Dans une décision récente – Syndicat canadien de la fonction publique, section locale 1108 et CHU de Québec – Université Laval (grief syndical), 2021 QCTA 187 – l’arbitre Me Nathalie Faucher a rejeté la demande d’ordonnance de sauvegarde du Syndicat canadien de la fonction publique (le Syndicat) visant à forcer le CHU de Québec (l’Employeur) … Continue reading

Can COVID-19 be considered a superior force (“force majeure”) lawfully limiting an employer’s obligations?

By Geneviève Lay (CA) on March 29, 2021 Posted in Canada

Since the start of pandemic, our courts have rendered a number of decisions regarding the impact of COVID-19 and whether it constitutes superior force (commonly known as “force majeure” ) for the purposes of limiting liability. In particular, we can think of numerous cases in real estate law, whereby lessees and owners looked to the courts … Continue reading

La COVID-19 peut-elle être considérée comme un événement de force majeure limitant les obligations d’un employeur?

By Geneviève Lay (CA) on March 29, 2021 Posted in Canada, North America, Québec

Depuis le début de la pandémie, nos tribunaux ont rendu plusieurs décisions concernant l’incidence de la COVID-19 et la question de savoir si elle constitue un événement de force majeure aux fins de la limitation de la responsabilité. On peut notamment penser aux nombreux cas, dans le domaine du droit immobilier, où des locataires et … Continue reading

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

By Nandini Rao (US) on April 17, 2020 Posted in Coronavirus, North America, United States

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 … Continue reading

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

By Josh Henderson (US) on April 10, 2020 Posted in Coronavirus, North America, United States

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, … Continue reading

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

By Marjorie Glover (US) and James Hughes on April 3, 2020 Posted in Coronavirus, North America, United States

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 … Continue reading

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

By Marjorie Glover (US) on March 27, 2020 Posted in Coronavirus, North America, United States

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 … Continue reading

New York’s new coronavirus-related leave requirements

By David Gallai (US) and Rachel Kurth (US) on March 20, 2020 Posted in Coronavirus, North America, United States

On Thursday, March 19, 2020, New York State enacted a law requiring that New York State employers provide job-protected time off (in some cases, paid time off) to employees who are affected by the novel coronavirus (COVID-19) in certain ways (the “NY COVID-19 Law”). The NY COVID-19 Law requires that, for each employee who is … Continue reading

US: New key COVID-19 employment and labor issues

By Joseph Dole (US), Josh Henderson (US), Marjorie Glover (US) and Barbara D'Aquila on March 20, 2020 Posted in Coronavirus, North America, United States

COVID-19, the 2019 novel coronavirus (“COVID-19” or the “coronavirus”) continues to stress US employers attempting to prevent the disease from spreading in their workplaces while continuing to operate effectively. With each passing day, health authorities provide more information about the spread of the disease and federal, state and local governments impose additional restrictions that impact … Continue reading

United States federal coronavirus law requires some employers to provide paid leave

By Marjorie Glover (US) on March 19, 2020 Posted in Coronavirus, General, North America, United States

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which provides relief to families and workers facing the global coronavirus pandemic. The FFCRA provides: (1) free diagnostic testing for coronavirus; (2) food assistance to low-income pregnant women and mothers with young children, food banks, seniors and students; (3) … Continue reading