Blog Post
By Lisa M. Koblin and Kevin M. Levy

On June 26, 2020, Philadelphia Mayor Jim Kenney signed the Essential Workers Protection Act which prohibits employers from retaliating against employees who raise concerns about a business’s COVID-19 response plan. The new ordinance applies to all employers in Philadelphia and protects employees who make a good faith communication based on job duties that discloses information that may evidence a violation of a COVID-19 public health order. Importantly, the ordinance imposes a rebuttable presumption that an employer has retaliated against a whistleblowing employee if any adverse employment action is taken against them within 90 days of the employee’s protected disclosure.

Blog Post
By Harriet E. Cooperman and Erik P. Pramschufer

On June 23, 2020, the National Labor Relations Board (NLRB) upheld an employer's right to unilaterally discipline employees without any obligation to bargain about the decision with a newly-elected union if the parties have not yet entered into a collective bargaining agreement ("CBA"). 800 River Road Operating Company, LLC d/b/a Care One at New Milford, 369 NLRB No. 109 (June 23, 2020) (Care One).

Blog Post
By Alexander Reich

The U.S. Supreme Court issued a landmark decision on Monday, holding that Title VII of the Civil Rights Act of 1964, which prohibits discrimination because of “sex,” bars employers from discriminating based on an employee’s sexual orientation or gender identity.

Blog Post
By Dena B. Calo and Erik P. Pramschufer

The Small Business Administration and the Treasury Department issued an interim-rule requiring employers who have received PPP funds and anticipate seeking loan forgiveness to inform their state unemployment office if a furloughed or reduced-hour employee is offered reinstatement, but declines the offer. This is an important change for all businesses receiving PPP funds that amends prior guidance published by the Treasury Department.

Blog Post
By Alexander Reich and Jason Tremblay

Under Chicago’s new COVID-19 Anti-Retaliation Ordinance, employers face harsh penalties for terminating employees who follow COVID-19-related stay at home, quarantine or isolation orders.