In a 6-3 ruling on June 16, 2020, the U.S. Supreme Court ruled that the federal civil rights laws protect workers on the basis of their sexual orientation or gender identity. Bostock v. Clayton County. The much-publicized issue and ruling comes as a surprise to many and serves as a prime example that changes in social mores among the population can affect statutory interpretation.
Atlanta Senior Principal Larry Stine, nationally recognized expert on occupational safety and health law, was extensively quoted in an article published by Bloomberg Law News on June 3, 2020. Contrary to some reports the Occupational Safety and Health Administration (OSHA) has ramped up its inspections of many employers, especially meat and poultry processors, in response to COVID-19.
OSHA inspections are up 70% since April 28. Asked to comment on why OSHA continue to inspect meat processing plants despite President Trump’s executive order requiring meat processing plants to remain open because they are critical to maintaining the nation’s food supply, Stine said he “never expected OSHA to do anything else.”
March 17, 2020
Update: The House has passed, and the President has indicated his support for, the Families First Coronavirus Response Act. The Senate is to consider this bill on March 17, 2020. Employers are primarily impacted by the paid sick leave, expanded FMLA leave, and tax credit.
APRIL 2, 2020
On April 1, 2020, the U.S. Department of Labor (DOL) issued a temporary rule to implement the public health emergency and paid sick leave provisions. The regulations are consistent with the questions and answers previously issued, and discussed below, as well as the webinar discussed below. The most important clarification in the regulation is the type notice an employee must provide to the employer, and the documentation the employer may require the employee to provide as to the need for such leave. Therefore, the applicable regulations in these areas are attached, Sections 826.90 and 826.100.
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