The U.S. Department of Labor’s Wage and Hour Division (WHD) announced its first few rounds of published guidance to provide information to employers about meeting their requirements to offer emergency paid sick leave and paid family medical leave offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.

As employers everywhere grapple with the COVID-19 crisis and its impact upon their employees and operations, questions have arisen regarding union contracts that expire on or about March 31, 2020. Although every labor contract and bargaining relationship is unique, established federal labor law principles can be applied to guide employers during this difficult time.

AGC of America’s Union Contractors Committee has scheduled quarterly conference calls for the remainder of 2020.

The National Labor Relations Board has announced that it is postponing the effective date of its final rule modifying the prior Administration’s regulation on union representation-case procedures, often referred to as the “quickie election” or “ambush election” rule. The effective date has been pushed back from April 16, 2020, to May 31, 2020.

COVID-19 (or coronavirus) presents a formidable health and safety challenge to employers, and unionized employers also must address issues in the context of their obligations under the National Labor Relations Act (NLRA) and a collective bargaining agreement. The broad range of issues includes both mandatory subjects of bargaining and business decisions that impact the employees of the bargaining unit. Such issues include health and safety concerns, attendance and staffing issues, wage and hour issues, leave issues, changes in work schedules, layoffs, and temporary reductions in hours or closure of the business to reduce infection rates. Missteps in effectuating these major changes can lead to violations of the NLRA and an increase in the incidence of workers refusing to work. Employers’ ability to navigate these issues successfully requires an understanding of their rights under both the collective bargaining agreement and federal law in this novel situation. Here are some key considerations and proactive measures employers can take to facilitate timely and decisive employment actions.

Coronavirus-caused Slowdown Contrasts with January Figures Showing a Majority of Metro Areas Added Construction Jobs; Officials Note New Infrastructure Funding and Paid Family Leave Fixes are Needed

Texas and Utah Have Biggest Number and Percent of Annual Job Gains, While Louisiana and West Virginia Lag; New York and New Hampshire Have Largest Monthly Gains, Washington Has Biggest Decreases

As of March 5, a majority of federal agencies, including the Department of Labor (DOL) and Environmental Protection Agency (EPA), have launched guidance portals in accordance with a pair of executive orders (EO 13891 and EO 13892). These measures, signed by President Trump in October 2019, intend to reduce the impact of agency guidance the White House believes has become a back-door means of regulation. The orders target significant guidance that could have the potential to impact the economy, the environment, public health, or state, local, or tribal communities.

Grant Program Provides More Than 300 Women with Harnesses that are Better Designed to Fit & Recruit More Women into Industry

The National Labor Relations Board (“NLRB”) has issued a final rule changing the standard for when one company may be deemed a joint employer of another company’s employees. Like the proposed rule, the final rule establishes that a company is a joint employer if it actually exercises substantial direct and immediate control over essential terms and conditions of employment. However, consistent with AGC of America’s comments to the proposed rule, the final rule adds clarification as to what constitutes “substantial direct and immediate control,” “essential terms and conditions of employment,” and other key terms.