Jackson Kelly PLLC

Labor & Employment News Alert

PUC and PPP Intersection

What is the relationship between Pandemic Unemployment Compensation ("PUC") and the payroll requirements of the Paycheck Protection Program ("PPP") loan forgiveness? The PPP rules tie loan forgiveness to an employer’s payroll, full-time equivalent census, and reductions in payroll. Pandemic Unemployment Compensation provides enhanced unemployment benefits of $600 per week. But there is tension…

Group Health Plan Deadlines Extended

On April 29, the Departments of Labor and the Treasury, in consultation with the Department of Health and Human Services, issued a new final rule with respect to extensions of time for various deadlines related to employee benefit plans. The new rule extends timeframes with respect to HIPAA, COBRA and ERISA claims for benefits by disregarding the “Outbreak Period,” defined as the period from…

Employers May Require COVID-19 Testing

Many employers have furloughed or laid off employees because of the COVID-19 pandemic. As employers begin to assess their ability to ramp up operations and call employees back to work, one question to consider is whether employers can require their employees to be tested for COVID-19. On Thursday, April 23, 2020, the EEOC provided some guidance regarding that question.  

The Americans with…

COVID-19: Changes to Group Health Plans Required

In the past month, the COVID-19 pandemic has prompted unprecedented change for employers, including employer-sponsored group health plans. The Departments of Labor, Health and Human Services and Treasury recently issued FAQs to implement the new health coverage provisions for group health plans and issuers. This article summarizes the major requirements imposed on employer-sponsored group health…

West Virginia Supreme Court Upholds State’s Right to Work Law

On April 21, 2020, the Supreme Court of Appeals of West Virginia upheld the constitutionality of West Virginia’s Right to Work law and reversed a circuit court decision that found otherwise. The Court has remanded the case to the circuit court with directions to enter summary judgment in favor of the State of West Virginia. The entire decision can be found here.

In 2016, the West Virginia…

The Gig Economy and CARES Act Q&A

The Coronavirus Aid, Relief, and Economic Security (CARES Act) provides unemployment benefits for gig economy workers.  What is the impact on the workers and the businesses that hire them, and what could be next?

What is the Gig Economy? 

The gig economy describes the market of short-term contract or freelance workers as compared to the traditional permanent jobs, whether full-time or part-time. The…

West Virginia Businesses Beware: Emergency Rule Creates Sweeping Operational Requirements During The COVID-19 State of Emergency

On April 16, 2020, the West Virginia Department of Health and Human Resources, Bureau for Public Health (“BPH”) promulgated an emergency rule in response to the ongoing COVID-19 pandemic.1 This rule, titled Public Health Standards for Businesses Remaining Open During the COVID-19 Outbreak (hereafter referred to as the “Rule”), establishes uniform public health standards for businesses currently…

Return to Work Guidelines for Virus-Exposed Critical Workers Who Lack Symptoms

The Centers for Disease Control and Prevention (CDC) changed its guidance for critical infrastructure workers allowing those exposed to COVID-19 to return to work as long as they remain asymptomatic and additional precautions are implemented. Previous guidance was that exposed individuals should self-quarantine for 14 days. Below is a summary of the CDC’s new guidance:

Additional Precautions: The…

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…

 

© 2021 Jackson Kelly PLLC. All Rights Reserved.