As most everyone now knows, among other things, the massive $2 trillion-plus CARES Act created multiple federal unemployment compensation programs for individuals impacted by the novel coronavirus disease (COVID-19). These programs provide federal funding to the states to administer and provide unemployment compensation assistance to a broad range of COVID-19-impacted employees including, notably, those who … Continue Reading
In a move that mirrors the efforts of several local California communities to fill gaps not otherwise addressed by the federal Families First Coronavirus Response Act (FFCRA), California Governor Newsom issued Executive Order N-51-20 on April 16, 2020 (“Order”). Specifically, the Order provides COVID-19 related paid sick leave for “food sector workers” throughout the state … Continue Reading
By the end of the April, many Ohio employers with state funded workers’ compensation coverage will receive a dividend from the Ohio Bureau of Workers’ Compensation (BWC). This dividend of up to $1.6 billion was approved by the BWC Board in response to a request from Governor Mike DeWine to state agencies to take action … Continue Reading
Sunny Anthony worked for TRAX International as a technical writer. During the course of her employment, she asked TRAX to accommodate her disabilities–post-traumatic stress disorder and related anxiety and depression—by letting her work from home, which TRAX denied or otherwise declined to allow.[1] So Ms. Anthony sued TRAX, alleging that it violated the Americans with … Continue Reading
Over the past several months, the federal Occupational Safety and Health Administration (OSHA) has steadily issued guidance to both employers and agency officials on strategies to navigate regulatory matters related to the COVID-19 pandemic, as we have discussed here, here, here, here, and here. However, federal OSHA is not the only government agency addressing the crisis at hand. Below is an … Continue Reading
As employers begin to plan for reopening their businesses after government-imposed shutdown orders, or plan for the return of more workers to their essential businesses who previously had been working from home, they must also ensure that the workplace is safe and free from hazards that cause or are likely to cause death or serious … Continue Reading
Two days after teasing a temporary halt to US immigration, on April 22, 2020, President Trump issued the first of what may be multiple Presidential Proclamations aimed at stemming US immigration in response to the COVID-19 pandemic. The Proclamation, which is more limited than many expected, centers on a 60-day US entry ban for certain … Continue Reading
On April 16, 2020, a three-judge panel of the Court of Appeals for the First District Court of Texas held that an employer could compel a former employee to arbitrate her wrongful termination case, even though it had not signed the arbitration agreement, because the evidence demonstrated that the employer intended to be bound by … Continue Reading
Since early in the pandemic, the EEOC has been maintaining a Technical Assistance Questions and Answers page, which it updates from time to time. As employers’ attention turns to life after COVID-19 and planning for our return to the workplace, on April 17, the EEOC updated its COVID-19 pandemic informal guidance to address the challenges … Continue Reading
On April 16, 2020, President Trump unveiled broad new federal guidelines laying out conditions for states to begin relaxing the strict measures imposed to try to slow the spread of the coronavirus. The new guidance identifies the necessary circumstances for areas of the country to allow employees to start returning to work. Trump emphasized that … Continue Reading
One of the biggest questions plaguing employers during the COVID-19 pandemic is whether or not to provide employees with respirators—the holy grail of all PPE at this time. On March 11, 2020, the White House issued a Presidential Memorandum, entitled “Making General Use Respirators Available,” which mandated all necessary efforts by the government and public at … Continue Reading
The Coronavirus Aid, Relief, and Economic Security (CARES) Act provides employers a number of economic relief programs, including deferral of employers’ share of quarterly social security tax deposits and forgivable Payroll Protection Program (PPP) loans. The IRS recently released a set of frequently asked questions and answers regarding the CARES Act’s deferral of quarterly Social … Continue Reading
Ordinances and Executive Orders require paid sick leave, provide additional protections for grocery, drug store, and food delivery employees, and mandatory face mask use Like many other US cities and counties, the City of Los Angeles – the second most populous city in the US and home to four million citizens – has taken decisive … Continue Reading
On April 10, 2020, the US Department of Labor’s (“DOL”) Occupational Safety and Health Administration (“OSHA”) issued interim guidance on employers’ duties as they relate to recording cases of COVID-19. OSHA’s position—effective immediately and for the duration of the public health crisis—is that employers must report to OSHA any confirmed COVID-19 illness diagnosis (defined as … Continue Reading
The COVID-19 pandemic has had a major impact on all aspects of life for all Americans and we are all still adjusting to this new “normal,” which is anything but normal. Federal administrative agencies and their employees of course have not been immune to the effects of the current crisis and they, like private sector … Continue Reading
Throughout this past week, we have provided a comprehensive analysis of the various provisions of the federal Families First Coronavirus Response Act (FFCRA), the first ever federal law requiring the payment of paid sick leave and paid family leave for various COVID-19-related reasons. These daily updates include consideration of employer and employee coverage; qualifying reasons … Continue Reading
Santa Clara County, the heart of Silicon Valley, issued a new Health Order on April 8, 2020. This order requires every entity and individual in the county to submit an inventory of qualifying quantities of certain Personal Protective Equipment (“PPE”) and Ventilators by April 15. The County has provided an online site to report relevant … Continue Reading
The US Department of Labor (DOL) has issued a number of publications offering guidance to the states for implementing certain federal unemployment insurance provisions contained in the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), including the Pandemic Unemployment Assistance (PUA), Federal Pandemic Unemployment Compensation (FPUC), and Pandemic Emergency Unemployment Compensation (PEUC) programs. As … Continue Reading
In light of the ongoing pandemic crisis, on April 6, 2020, Governor Andrew Cuomo announced that he is extending the “PAUSE” restrictions in New York State, which means that non-essential businesses will remain closed until at least April 29, 2020. Additionally, last week on April 3, 2020, Governor Cuomo signed the FY 2021 Executive Budget: … Continue Reading
The United States currently is experiencing an unprecedented public health emergency due to the COVID-19 virus. The economic fallout of this crisis has been sudden and brutal on US employers, with vast numbers of businesses ordered to close and nearly 1 million new unemployment claims filed in the past two weeks alone. In response, Congress … Continue Reading
Some questions answered, many still remain On April 1, 2020, the U.S. Department of Labor (DOL) released new regulations (29 CFR Part 826), attempting to clarify certain provisions in the Families First Coronavirus Response Act (FFCRA). As we previously reported, under the Emergency Paid Sick Leave Act provision of the FFCRA, certain public employers and private … Continue Reading
Tax credits may be available to employers who are required to pay additional wages to employees under the Families First Coronavirus Response Act (the “FFCRA”). Specifically, tax credits may be available to employers who are required to pay employees under the Emergency Sick Pay Leave and the Emergency Family and Medical Leave portions of the … Continue Reading
Employers with fewer than 500 employees and those that are under the applicable Small Business Administration size standards have been eagerly awaiting more information on how to apply for and obtain loans under the “Paycheck Protection Program” (PPP) portion of the CARES Act, passed to address the economic impacts of the ongoing COVID-19 pandemic. The … Continue Reading
New York State’s COVID-19 sick leave law has been in effect since March 18, 2020 (see our prior posts here and here). Since then, several questions have remained largely unanswered for both New York employers and employees as they navigate the eligibility and application requirements of the new law, which offers individual job-protected paid or … Continue Reading
