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Labor & Employment News Alert

Coronavirus/COVID-19

Temporary Rule Offers Guidance on the Families First Coronavirus Response Act

The United States Department of Labor issued a temporary rule on April 1, 2020, related to the Families First Coronavirus Response Act. The new rule interprets the paid leave provisions of the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLEA”). Below is a summary of highlights from the rule that provide new information or more detail on…

The CARES Act: What Employers Need to Know

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”), commonly known as “Phase Three,” was signed into law. The CARES Act provides $2.2 trillion in direct financial assistance to individuals, businesses, and state and local governments. In addition to providing substantial resources for small businesses, the CARES Act also provides a broad range of financial…

UPDATE: The U.S. Department of Labor Issues Guidance Regarding the “health care provider” exemption under the Families First Coronavirus Response Act

On March 29, 2020, the Wage and Hour Division of the U.S. Department of Labor (the “DOL”)  released additional guidance that resolves the ambiguity of the definition of “health care provider” in the Families First Coronavirus Response Act (the “Act”). The DOL has clarified that for the purposes of employees who may be exempted from paid sick leave or expanded FMLA leave under the Act, a health…

Safe Harbor Provision of the West Virginia Wage Payment and Collection Act

On March 25, 2020, Governor Jim Justice signed into law an amendment to the West Virginia Wage Payment and Collection Act (“WPCA”) that provides a “safe harbor” to employers, allowing them an opportunity to correct underpayment or nonpayment of wages and fringe benefits due to separated employees prior to the start of lengthy - and costly - litigation.

Before the passage of this law, if an…

I-9 Compliance During COVID-19: DHS Announces Flexibility for Employers Working Remotely and Automatic Extension for NOIs

Flexibility for In-Person Verification

The Department of Homeland Security has announced that it will relax its compliance rules for Initial Employee Eligibility Verification (Form I-9) for employers who are operating remotely in keeping with the restrictions being put in place to help slow the spread of COVID-19 and the encouragement to work remotely.

The accommodations from DHS relax the…

U.S. Department of Labor Issues First Guidance on the Families First Coronavirus Response Act

On March 24, 2020, the Wage and Hour Division of the U.S. Department of Labor issued its first round of guidance on the Families First Coronavirus Response Act.  According to the DOL, the guidance “addresses critical questions, such as how an employer must count the number of their employees to determine coverage; how small businesses can obtain an exemption; how to count hours for part-time…

Additional Sick Leave in Colorado: An Overview of the Temporary Colorado HELP Rules

On Tuesday, March 10, 2020, Governor Jared Polis declared a state of emergency in Colorado relative to Coronavirus (“COVID-19”).  The very next day, the Colorado Department of Labor and Employment (“CDLE”) passed emergency rules regarding paid sick leave and access to wage support.  While the focus surrounding COVID-19 is generally about keeping ourselves and those around us safe from the virus,…

Updated List of PA Non-Life-Sustaining Businesses and Waiver/Exemption Process

After receiving a large number of waiver requests from Pennsylvania businesses, the Wolf Administration delayed enforcement of its order for all non-life-sustaining businesses to close their physical locations to slow the spread of COVID-19. Enforcement will now begin Monday, March 23, at 8:00 a.m. 


The list of life-sustaining businesses has also been revised.  Some notable additions to the…

What Governor Wolf’s Order for “Non-Life-Sustaining” businesses to close means

Governor’s Wolf prior order for a statewide shut down of all “non-essential” businesses has been expanded to all “non-life-sustaining” businesses. These efforts follow the Governor’s disaster emergency declaration on March 6, 2020, pursuant to 35 Pa. C.S. § 7301(c). On March 19, 2020, the Governor ordered a prohibition on “non-life-sustaining” businesses citing to the powers vested in his office…

Indiana Governor Takes Action to Protect Hoosier Businesses Against Effects of COVID-19

On March 19th, Indiana Governor Eric Holcomb took additional action to protect and support Hoosier businesses during the COVID-19 outbreak by signing Executive Order 20-05 (EO) – which in addition to providing protection for individuals, provides economic relief and protection for Hoosier business enterprises. 

In a time of uncertainty and immediate cash flow concerns by Indiana…

 

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