Parental leave has long been a topic at the forefront of labor rights and employment law. As workers’ rights expand, calls to action have grown louder to offer leave for a variety of situations experienced by caregivers and workers with children. 

This type of coverage is uncommon, with only California, Illinois, Massachusetts, Minnesota, Nevada, New Jersey, New Mexico, North Carolina, Rhode Island, Vermont, and Washington, D.C. requiring employers to provide time off for parents to attend their children’s school activities. While most of these jurisdictions allow school-related leave to be unpaid, some permit employees to use their paid vacation days or other paid time off for this purpose.

The types of activities covered by these laws may include disciplinary meetings, classroom volunteering, parent-teacher conferences, and special education meetings for children with individualized education programs. Each jurisdiction has its own rules and requirements. For example, Illinois provides eight hours of unpaid leave per school year for school-related activities, while California grants 40 hours of unpaid leave.

It’s crucial for employers to be aware of the laws in all the states or jurisdictions where they operate, as these laws may vary significantly, and failure to comply with these regulations can result in legal issues. Employers must also consider the definition of “parent” and whether guardians, stepparents, or grandparents are covered by these laws.

Employers who operate in multiple jurisdictions must decide whether to adopt specific state-specific policies where there is a law in effect or create one company wide policy that uses the most generous laws in the country as a foundation. Having one policy for all employees can streamline administrative processes and ensure compliance in all jurisdictions where the employer employs individuals.

Adopting school-related leave policies that allow parents and caregivers the ability to maintain their responsibilities at both work and home without negative repercussions ultimately builds trust, loyalty and retention – All of which are crucial for cultivating a successful workplace.

If you have questions about your state’s laws on school-related leave or would like assistance in developing a policy for your workplace, please contact me at edgar@officiumdc.com. If you’re interested in additional information about Officium LLC and the HR, mediation and business solutions services we offer, please click here.

Title VII of the Civil Rights Act has long mandated that private employers with 15 or more employees must provide reasonable accommodations for sincerely-held religious observances that conflict with work requirements, except in cases of undue hardship. However, the definition of “undue hardship” has lacked clarity and consistency in court interpretations over the years.

To address this, a unanimous SCOTUS decision on June 29th delivered a significant ruling in Groff v. DeJoy, reshaping the landscape of religious accommodations in the workplace. 

Employers are now required to provide religious accommodations to employees unless they can demonstrate a substantial burden. This burden must demonstrate that providing a religious accommodation would result in “substantial increased costs in relation to the conduct of its particular business” in order to deny such accommodation.

Similar to the Americans with Disabilities Act, this decision emphasizes that other employees’ inconvenience is not the primary factor. Instead, employers must assess the costs of providing accommodation within the context of their business, considering factors such as the size of the employer and available resources. This sets a higher bar for employers seeking to claim an undue hardship.

As a result of this decision, employers must review and, if necessary, update their current practices concerning religious accommodations to consider this new and more stringent standard. 

If you have questions about the new standard and ensuring compliance, I’m happy to help. Please contact me at edgar@officiumdc.com.

If you’re interested in additional information about Officium LLC and the HR, mediation and business solutions services we offer, please click here.

The National Labor Relations Board (NLRB) recently issued an update to the standard for assessing whether work rules violate the National Labor Relations Act (NLRA). 

The previous standard designed by the NLRB categorized which work rules are lawful to maintain. The policy made no exception for statements that would be protected by the NLRA, which would protect false or negative statements relating to the right to organize or to concerted protest of workplace issues.

Under the new standard, the NLRB’s General Counsel has to prove that a challenged rule has a reasonable tendency to restrict employees from exercising their rights. If an employee could reasonably interpret the rule to have a coercive meaning, and the General Counsel agrees, then the rule is presumptively unlawful. However, the employer may rebut that decision by proving that the rule advances a legitimate and substantial business interest that can’t be reached with a more limited rule. If the employer proves its defense, then the rule will be held to be lawful.

It may be difficult for businesses to identify unlawful or potentially coercive workplace rules within their policies but here’s an example:

Let’s say a business has a social media policy that prevents employees from sharing confidential information about the company, to use good judgment, and to conduct themselves in a manner that is reflective of being a representative of the company on their personal accounts. While this policy in general is lawful, it does not make any exception for statements that would be protected by the NLRA. Employees are allowed to engage in concerted activity which include, but is not limited to, organizing a union or protesting workplace issues. 

Moving forward, under the new standard, employment policies must make that clear. Taking the same policy above, it should state instead: 

“Company XYZ’s social media policy prevents employees from sharing confidential information about the company, to use good judgment, and to conduct themselves in a manner that is reflective of being a representative of the company on their personal accounts. This policy does not prevent employees from engaging in concerted activities relating to their wages, hours or working conditions, or any other conduct protected by Section 7 of the National Labor Relations Act (NLRA)”.

Employers should review their handbooks and policies to ensure that their workplace rules can’t be reasonably interpreted as restricting employees’ protected concerted activity under the NLRA. This review should include whether or not an employer can articulate a legitimate and substantial business interest for workplace rules.

If you need assistance ensuring that your handbooks and policies are compliant to the updated NLRB and NLRA standard, I’m happy to help. Please contact me at edgar@officiumdc.com. If you’re interested in additional information about Officium LLC and the HR, mediation and business solutions services we offer, please click here.

The federal government has recently issued two laws that specifically impact federal contractors. Here’s what you need to know:

The Fair Chance Act for federal government contractors went into effect on October 2, 2023, which limits federal agencies from asking about a job applicant’s criminal history until a conditional offer has been made. While these are guidelines that have been loosely implemented through Ban the Box initiatives, the regulation cements the ability for individuals with records to compete fairly for employment. 

Exceptions to the law may depend on the type of position an individual is applying for. These types of roles include law enforcement, nation security duties, jobs with access to classified information, and roles that legally require disclosure on criminal backgrounds. Agencies have the ability to request exceptions from the Office of Personnel Management, and applicants can still be rejected based on criminal history after being assessed on other factors and a conditional offer has been made. Click here for more information.

Another regulation affecting federal contractors is the government’s recently issued No TikTok on Government Devices Act banning the use of TikTok or any successor app developed by ByteDance Limited on all government-owned or managed technical devices, including personal devices used for federal contract work. This rule aims to prevent possible national security implications as a result of massive data gathering.

This rule applies to solicitations and awards issued on or after June 2, 2023. Click here to learn more.

Learn more about the rights and classification of federal employees here.

If you have questions about the new regulations affecting federal contractors and compliance, I’m happy to help. Please contact me at edgar@officiumdc.com.
If you’re interested in additional information about Officium LLC and the HR, mediation and business solutions services we offer, please click here.

An updated version of E-Verify will fundamentally transform the way employment eligibility verification is conducted. The update will be most useful to businesses who are still using paper I-9s and manual processes. 

Scheduled to release in 2024, E-Verify NextGen will integrate the Form I-9 process with the government’s electronic employment verification system, lifting much of the process from HR and new hires. The new technology enables new hires to electronically enter all personal information to determine eligibility and allows employers to examine and verify the documents remotely. This leaves less room for error for both the worker and the hiring team, and the employee will be able to carry the eligibility verification with them to future employers.

Employer use of the new system is voluntary excluding certain federal contractors and subcontractors in certain states. 

If you have questions about the upcoming E-Verify changes or how to update your policies, procedures and handbooks accordingly, I’m happy to help. Please contact me at edgar@officiumdc.com. If you’re interested in additional information about Officium LLC and the HR, mediation and business solutions services we offer, please click here.

Both the Families First Coronavirus Response Act (FFCRA) and the Coronavirus Aid, Relieve, and Economic Security (CARES) Act have greatly expanded access to unemployment insurance benefits to workers impacted by COVID-19. The CARES Act provides enhanced Unemployment Insurance (UI) benefits and Pandemic Unemployment Assistance (PUA) for individuals. The program provides $250 billion for an extended unemployment insurance program and expands eligibility. The CARES Act broadly covers: “self-employed, is seeking part-time employment, does not have sufficient work history, or otherwise would not qualify for regular unemployment compensation.”

The CARES Act provides an additional $600 per week of unemployment insurance benefits for 4 months per worker, on top of what state programs pay. The additional weekly payments end on July 31, 2020. Unemployment insurance is now expanded by 13 weeks retroactive to January 27, 2020 after exhausting state requirements. In total, unemployed workers are eligible to receive up to 39 weeks of unemployment benefits until December 31, 2020. The legislation applies to furloughed employees, freelancers, self-employed, independent contractors, and gig economy workers. 

The U.S. Department of Labor clarified the circumstances under which a state my expand access to unemployment insurance to applicants unable to work, including: 

• Being diagnosed with COVID-19 or have symptoms of it and seeking diagnosis
• Living with a member of a household has been diagnosed with COVID-19
• Providing care for someone diagnosed with COVID-19
• Providing care for a child or other household member who cannot attend school or work because it is closed due to COVID-19
• Undergoing quarantine or have been advised by a health care provider to self-quarantine
• scheduled to start employment and not have a job or cannot reach their place of employment as a result of the COVID-19 outbreak
• Became the breadwinner for a household because the head of household has died as direct result of COVID-19
• Forced to quit employment as a direct result of COVID-19
• Their place of employment is closed as a result of COVID-19
• Meet any other criteria established by the Secretary of Labor

Below are additional eligibility criteria:

• All workers are eligible to receive the additional $600 per week provided by the CARES Act, even those workers who receive partial unemployment benefits
• Only workers authorized to work in the United States are eligible for unemployment insurance benefits.
• Workers who can telework with pay or are receiving paid sick or paid leave benefits are not eligible for unemployment insurance benefits

District of Columbia

The D.C. Council passed the COVID-19 Response Emergency Amendment Act of 2020 (B23-0718 or Act 23-247). As emergency legislation, the measures are set to expire on June 15, 2020. The emergency legislation extends availability of unemployment compensation to employees affected by COVID-19. The Council’s COVID-19 measures also allow eligible workers to receive their unemployment benefits as soon as they apply without the usual one-week waiting period. Workers also are not required to be actively looking for work in order to receive unemployment benefits. D.C. workers who can access the extended unemployment compensation benefits including:

• Workers who have become unemployed or partially unemployed due to the public health emergency, because their employers have ceased or reduced operations due to District Department of Health (DOH) guidance, actions by the Mayor, or otherwise have seen a reduction in revenues because of the COVID-19 crisis
• Workers who are in quarantine or isolation, either because they were specifically instructed to do so or because they are following recommendations from DOH, another government agency, or a medical professional
• Workers who quit or otherwise left employment because their employer failed to comply with public safety directives from DOH, or because the employer required them to be physically present at work after they were advised to self-quarantine

In D.C., a worker cannot apply for unemployment insurance benefits if schools are closed by D.C. government because of COVID-19 and are unable to find childcare. Nor can a worker receive unemployment insurance benefits for refusing to go to work due to fear of contracting COVID-19. 

More information on who is covered and how unemployment insurance coverage intersects with paid sick leave and workers’ compensation during the COVID-19 crisis is shown in the chart from the District Department of Employment Services (DOES). To apply for unemployment insurance in D.C., visit https://does.dc.gov/. 

Maryland

The Maryland General Assembly passed emergency legislation to extend temporary unemployment insurance benefits to employees who will lose their jobs due to the coronavirus pandemic. The legislation allows the state to extend temporary unemployment benefits to workers who are required to be quarantined or whose employers temporarily close. 

The legislation also makes people eligible for benefits when they must leave their jobs due to risk of exposure or to care for an infected family member. Maryland’s Division of Unemployment Insurance provides answers to FAQ’s about COVID-19 and unemployment insurance benefits on their UI Benefits Administration page. To apply for unemployment insurance in Maryland, visit https://secure-2.dllr.state.md.us/NetClaims/Welcome.aspx. 

Virginia

Virginia’s governor announced new measures directing the Virginia Employment Commission to provide additional steps to help Virginians impacted by COVID-19. They include the following:

• No one-week waiting period for unemployment benefits to ensure workers can receive benefits as soon as possible
• Workers may be eligible to receive unemployment benefits if an employer needs to temporarily slow or cease operations due to COVID-19
• If a worker has been issued a notice to self-quarantine by a medical or public health official and is not receiving paid sick or medical leave from their employer, they may be eligible to receive unemployment benefits
• In addition, a worker may be eligible for unemployment benefits if they must stay home to care for an ill family member and are not receiving paid family medical leave from their employer
• Individuals receiving unemployment insurance will get special consideration on deadlines, mandatory re-employment appointments, and work search requirements

Virginia has also issued a guide to answer frequently asked questions from workers regarding COVID-19. To apply for unemployment insurance in Virginia, visit http://www.vec.virginia.gov/unemployed. 

Some final practical notes when applying for unemployment insurance benefits:

• Given the high volume of claims being made, phone lines to state unemployment insurance agencies, it is best to apply online or fax in your application for faster results
• If a worker does not have wages in the unemployment insurance system, submitting proof of employment (e.g., pay stubs) and earnings (prior year tax return) is required
• If a worker cannot obtain reliable employment and/or earnings documentation, then submitting an affidavit may be acceptable
• While some jurisdictions are waiving the requirement that you conduct job searches to maintain eligibility to receive unemployment insurance benefits, it is still a good idea to keep track of your job search activity in an organized way for your records. Click here for a helpful way to manage your job search activity.

For general information about unemployment insurance benefits and what all states are doing to expand access, click here and here. If you have any further questions about applying for unemployment insurance benefits or need any other HR/Career advice, please contact Edgar Ndjatou, Founding Principal at Officium, LLC.