Fredrikson & Byron’s Employment & Labor Department keeps you updated with a “COVID-19 Employment Question of the Day.” The featured questions are taken from our day-to-day conversations with (collectively) hundreds of employers in Minnesota, Iowa, North Dakota and around the country, both large and small.
If you have questions, contact your Fredrikson and Byron Employment & Labor attorney.
July 6, 2021
By Brian T. Benkstein
What is all the buzz about Federal OSHA’s new COVID-19 Emergency Temporary Standard for healthcare providers?
March 23, 2021
What should employers know about the American Rescue Plan?
December 21, 2020
By Kendra D. Simmons and Anne M. Radolinski
What should employers know about vaccinations and whether to require them?
December 5, 2020
Can your employer require you to get a COVID-19 vaccination?
Bridget Penick addresses this and other pandemic-related employment law issues in an episode of the "Iowa Business Report,” a weekly half-hour radio program featuring interviews about business, government, the economy, jobs, trade and investments.
October 2, 2020
By Anne M. Radolinski and Erin M. Edgerton
Do employers have any reporting requirements under OSHA with respect to COVID illnesses and death?
September 29, 2020
By Bridget R. Penick and Kendra D. Simmons
What is the new Iowa guidance on when to quarantine due to COVID-19 if masks/face coverings were worn?
September 18, 2020
By Bridget R. Penick and Bryan J. Morben
To what extent may a company regulate employees’ use of social media?
September 15, 2020
By Bridget R. Penick and Kendra D. Simmons
What do health care employers need to know about the revised definition of health care providers who can be exempted from FFCRA leave?
September 10, 2020
By Robert C. Boisvert and Erin M. Edgerton
Once there is a COVID-19 vaccine, can an employer mandate that its employees be vaccinated?
August 28, 2020
By Emily S. Pontius and Kendra D. Simmons
How should employers handle requests for FFCRA leave related to schools starting with online, hybrid and optional online programs?
August 14, 2020
By Kendra D. Simmons, Bridget R. Penick and Teresa M. Thompson
I understand the health care provider definition of the FFCRA has been challenged. What do I need to know about this?
July 30, 2020
By Brian T. Benkstein
Given the prevalence of remote work during the pandemic, is working from home now presumed to be reasonable disability accommodation?
July 24, 2020
By Kristin LeBre, Penny S. Oleson and Erin M. Edgerton
What do I need to know about the Minnesota Governor’s Mandatory Face Covering Order?
July 23, 2020
By Bridget R. Penick and Olivia N. Norwood
What does the DOL’s new COVID-19 guidance say about return to work and remote work?
July 21, 2020
By Nancy S. Anton and Penny S. Oleson
When traveling domestically for business, will my employee be required to self-quarantine at the destination or upon return?
July 8, 2020
By Emily S. Pontius and Lukas S. Boehning
Should an employer respond to a report that an employee has made racist or other offensive remarks online?
July 8, 2020
By Pamela Abbate-Dattilo and Bryan J. Morben
What are the requirements for a Minnesota “Preparedness Plan” in order to reopen a business or continue operating a critical business?
July 2, 2020
Can employers require COVID-19 antibody testing before an employee may re-enter the workplace?
July 1, 2020
By Erin M. Edgerton and Teresa M. Thompson
What is the DOL’s new FFCRA leave tool for employees?
June 29, 2020
Is an employee entitled to an accommodation to avoid exposing a family member who is at higher risk of severe illness from COVID-19 due to an underlying medical condition?
June 23, 2020
Is it okay to postpone anti-discrimination training while employees work remotely?
June 22, 2020
By Bridget R. Penick and Kendra D. Simmons
Do businesses have any protection from COVID-related lawsuits?
June 17, 2020
What is the latest OSHA guidance on face coverings in the workplace?
June 16, 2020
Must employers begin physically inspecting I-9 documents for workplaces continuing to operate remotely due to COVID-19 concerns, even if states are permitting workplaces to reopen?
June 12, 2020
By Penny S. Oleson and Teresa M. Thompson
Can another business perform a COVID-19 health screen on my employee before allowing the employee onsite?
June 9, 2020
By Ashley R. Thronson and Edward Q. Cassidy
An employee has tested positive for COVID-19. Do I need to record this on an OSHA log?
June 8, 2020
By Kristin LeBre and Teresa M. Thompson
What do I need to know about the Walz Executive Order issued on Friday, June 5, 2020?
June 5, 2020
By Sten-Erik Hoidal and Megan A. Bowman
Do I need to worry about employee privacy if I implement health screenings, contact tracing or similar protective measures when my employees return to work?
June 3, 2020
Is there specific guidance for employers to manage COVID-19 in office buildings?
June 2, 2020
I am bringing employees back to the workplace. What safety measures should I have in place?
May 26, 2020
By Pamela Abbate-Dattilo, Erin M. Edgerton and Erin M. Byom
How will employment decisions affect my company’s PPP loan forgiveness?
May 21, 2020
By Pamela Abbate-Dattilo and Kendra D. Simmons
How is COVID-19 affecting disputes over non-competes and other restrictive covenants?
May 20, 2020
By Sten-Erik Hoidal and Nadja Baer
What should companies do to mitigate the security risks of a remote workforce?
May 19, 2020
By Brian T. Benkstein and Erin M. Edgerton
What COVID-19 precautions should your business document?
May 18, 2020
Since states are permitting workplaces to reopen, must employers begin physically inspecting all I-9 documents?
May 15, 2020
By Teresa M. Thompson and Erin M. Edgerton
How do the new Minnesota executive orders impact my business as we look to return to work?
May 15, 2020
By Kristin LeBre and Erin M. Edgerton
If an employer is conducting daily employee health screenings, how long must it keep the screening records?
May 13, 2020
What steps can we take proactively to prepare to return employees to the workplace?
May 11, 2020
By Ingrid N. Culp and Kendra D. Simmons
During the summer months, when school is not actually “closed,” is an eligible employee entitled to paid leave under the FFCRA if the employee needs to care for his/her child(ren) because the child(ren)’s summer programming has been cancelled?
May 8, 2020
By Pamela Abbate-Dattilo, Erin M. Edgerton and Erin M. Byom
How will employment decisions affect my company’s PPP loan forgiveness?
May 7, 2020
By Mary M. Krakow and Penny S. Oleson
When will the Equal Employment Opportunity Commission (EEOC) website portals open for the required EEO-1, EEO-3 and EEO-5 workforce surveys?
May 6, 2020
I am concerned about legal claims from employees or their family members who may allege that the employee contracted COVID-19 at the workplace and then spread it to family members. Does an employer have the right to require employees to waive such claims as a condition of returning to work?
May 5, 2020
Can employers complete I-9 forms with expired List B documents during the COVID-19 pandemic?
May 1, 2020
By Anne M. Radolinski and Jade B. Jorgenson
How does Minnesota’s Second Return to Work Order for Non-Critical Sectors (Executive Order 20-48) issued on April 30, 2020, affect my business?
April 30, 2020
By Kristin LeBre and Bryan J. Morben
What are some best practices for conducting employee screening in response to COVID-19?
April 28, 2020
By Kristy L. Albrecht, Joseph M. Sokolowski and Mary M. Krakow
Please explain the intersection of Families First Coronavirus Response Act (FFCRA) and the Fair Labor Standards Act (FLSA), which sets the federal wage and hour rules for employers. Specifically, does reducing an eligible exempt employee's salary to two-thirds their daily rate of pay, capped at $200, as allowed under FFCRA, put the employee’s exempt status at risk under the FLSA?
April 27, 2020
By Pamela Abbate-Dattilo, Kendra D. Simmons and Ashley R. Thronson
What kind of litigation will arise out of COVID-19, and what can employers do now to prepare?
April 24, 2020
By Anne M. Radolinski and Erin M. Edgerton
How does Minnesota’s Return to Work Order for Non-Critical Sectors (Executive Order 20-40) issued on April 23, 2020, affect my business?
April 23, 2020
By Jessica D. Manivasager and Debra J. Linder
Can employers provide tax-free financial assistance to their employees during the COVID-19 outbreak?
April 22, 2020 - Part 1
By Mary M. Krakow and Emily S. Pontius
What are best practices when you are ready to recall furloughed employees?
April 22, 2020 - Part 2
By Pamela Abbate-Dattilo and Bryan J. Morben
Can a furloughed employee refuse to come back to work when recalled?
April 21, 2020
How can your company’s actions impact your nonimmigrant employees?
April 20, 2020
My company was either ineligible for, or did not receive, a loan under the Small Business Administration’s Paycheck Protection Program (PPP). Is there other financial relief we may be overlooking under the CARES Act?
April 17, 2020
By Anne M. Radolinski and Erin M. Edgerton
How do your PTO policies interact with furloughs, Emergency Paid Sick Leave (EPSL) and expanded FMLA (EFMLEA) under the Families First Coronavirus Response Act (FFCRA)?
April 16, 2020
How will the post-COVID workplace be affected by current work situations, and what should I do now to prepare?
April 14, 2020
By Kristy L. Albrecht and Beverley L. Adams
Under what circumstances do I need to include a COVID-19 case as a recordable event for purposes of OSHA’s record-keeping requirements?
April 13, 2020
Does a loan under the CARES Act loan program limit an employer’s right to oppose a union?
April 10, 2020
By Emily S. Pontius and Erin M. Edgerton
Should I consider a short-time compensation or voluntary shared work program as an alternative to layoffs?
April 9, 2020
By Ashley R. Thronson, Beverley L. Adams and Penny S. Oleson
If an employee contracts COVID-19, is he or she entitled to receive workers’ compensation benefits?
Minnesota Stay-At-Home Update: April 9
By Teresa M. Thompson and Lukas S. Boehning
Minnesota’s Governor issued a stay-at-home Order on March 25, 2020, and then extended this order on April 8, 2020. How do I know if my employees are exempt from travel restrictions as critical sector employees under the stay-at-home Order?
April 8, 2020
Can I deduct from, or reduce, the salary of an exempt employee without losing exempt status during these uncertain and unprecedented times?
April 7, 2020
By Brian T. Benkstein
How do the FFCRA Emergency Paid Sick Leave and Emergency Family Medical Leave Act provisions work together?
April 6, 2020
Can an essential worker self-quarantine and refuse to come to work because they are afraid of contracting the virus?
April 3, 2020
By Kristy L. Albrecht and Bryan J. Morben
Under what circumstances may a small employer who employs fewer than 50 employees be exempt from the leave provisions under the FFCRA?
April 2, 2020
By Kristin LeBre, Debra J. Linder and Edgar R. Ocampo
What is the difference between a furlough and a layoff and how do we know which term to use?
April 1, 2020
By Emily S. Pontius and Olivia N. Norwood
What is the process for obtaining the tax credit for COVID-19 related leave paid under the Families First Coronavirus Response Act (FFCRA)?
March 31, 2020
By Nancy S. Anton, Anne M. Radolinski and Penny S. Oleson
I am a covered federal contractor/subcontractor subject to the various federal affirmative action laws, including Executive Order 11246, Section 503 of the Rehabilitation Act and Section 4212 of the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA). I heard there is an exemption from all OFCCP obligations, and my affirmative action plan year is coming to end. Do I need to update my affirmative action plans this year, or do I qualify for this exemption?
March 27, 2020
By Emily S. Pontius and Kendra D. Simmons
What do we need to know about the DOL’s Families First Act Model Notice and what do we need to do now?
March 26, 2020
By Teresa M. Thompson and Lukas S. Boehning
Minnesota’s Governor issued a “stay-at-home” Order on March 25, 2020. How do I know if my employees are exempt from travel restrictions as critical sector employees under the stay-at-home Order?
