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Ahead of the Curve

May 2020

PURPOSE

The Professional Development Advisory Committee’s (PDAC) purpose in providing you this communication is to further its goal of periodically sharing topical information regarding the legal industry. Our hope is that one or more of the updates will provide a spark of insight to assist with your work on behalf of ALA as well as within your firm or legal department.


    

"PRIVACY AND ACCURACY CONCERNS ABOUT REMOTE TEMPERATURE SCREENING RAISED BY ACLU"

Devices designed to measure a person’s temperature from afar have been touted as a way to reduce the spread of the novel coronavirus. But the claims may be unrealistic, according to the American Civil Liberties Union.

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Resource: Debra Cassens Weiss, ABA Journal


"BIG LAW FIRMS ARE CHARGING HOW MUCH FOR ASSOCIATES?"

At least three Biglaw firms are charging $1,000+ for associates' time.

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Resource: Kathryn Rubino, Above the Law


"4 TAKEAWAYS FROM EEOC'S NEW AT-RISK WORKER GUIDANCE"

Recent U.S. Equal Employment Opportunity Commission guidance on what employers should do to accommodate workers who may be vulnerable to COVID-19 raises more questions than it answers for employers already struggling to craft reopening plans that mitigate legal risks.

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Resource: Vin Gurrieri, Law360


"WHEN SHOULD EMPLOYERS DENY INTERMITTENT LEAVE UNDER FFCRA?"

Under the Families First Coronavirus Response Act (FFCRA), employers may deny intermittent emergency family and medical leave for workers facing school or child care closures. Denying such leave may frustrate employees, but business needs may outweigh employee relations concerns.

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Resource: Allen Smith, JD, SHRM


"THIS TWIST ON THE FOUR-DAY WORKWEEK COULD GET PEOPLE BACK TO WORK WITHOUT CAUSING NEW OUTBREAKS"

Four days on followed by 10 days off would let businesses reopen but make sure employees were isolated in case they became infectious.

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Resource: Adele Peters, Forbes


"THROW ‘BALANCE’ OUT THE WINDOW WHEN WFH — FOCUS ON WELL-BEING"

"Throw in a pandemic, and it seems laughable to be striving for balance — what we really need to focus on is our well-being" and that is exactly the term being used in the first-ever “Lawyer Well-Being Week,” promoted last week) which is a joint initiative between the National Task Force on Lawyer Well-Being, the American Bar Association Law Practice Division and its Attorney Well-Being Committee, and the ABA Commission on Lawyer Assistance Program’s (CoLAP) Well-Being Committee.

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Resource: Kristin Tyler, Attorney at Work


"GOOD LEADERSHIP IS ABOUT COMMUNICATING ‘WHY’"

In an ongoing crisis, clear communication is more important and more difficult than when things seem normal. Employees and customers are hungry for information, so we’re tempted to pull together presentations and communicate with urgency instead of with careful planning. But if we present without addressing our audience’s core questions of what, how, and why, we’ll sow more confusion than we bring clarity.

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Resource: Nancy Duarte, Harvard Business Review