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Labor and Employment
On January 14, 2021, President-elect Joe Biden announced his American Rescue Plan through which he plans to provide much-needed economic relief from the COVID-19 pandemic. His plan includes expansion of the paid leave provisions of the Families First Coronavirus Response Act (“FFCRA”) as detailed below. Expansion of Covered Employers  The plan covers all employers. This...
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On December 29, the Department of Labor (“DOL”) published two new Field Assistance Bulletins (“FABS”) addressing issues related to the ongoing COVID-19 pandemic.  FAB 2020-7 addresses electronic notice postings requirements under federal labor laws.  FAB 2020-8 in turn clarifies how telemedicine visits may qualify for FMLA leave.  These new guidelines are discussed in detail below. ...
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The recently passed Economic Aid to Hard-Hit Small Businesses, Nonprofits and Venues Act (“Act”) provides $900 billion in stimulus aid to struggling businesses and individuals along with $284 billion allocated to renewing the Paycheck Protection Program (“PPP”). Although many aspects of the Act mirror the previously passed CARES Act legislation, such as offering low interest...
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The Economic Aid Act (“EAA”) was signed into law on December 27, 2020 and provides $900 billion in financial relief to struggling individuals, businesses, and organizations. The EEA also renews the Paycheck Protection Program (“PPP”) and expands its terms to allow for eligible 501(c)(6) organizations to become borrowers. Local chambers of commerce, labor and trade...
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The Consolidated Appropriations Act, 2021 that was signed into law by President Trump on December 27, 2020, extends the Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) unemployment insurance programs passed earlier this year. The CARES Act expanded unemployment insurance benefits to individuals through three programs: (1) Federal Pandemic Unemployment Compensation (“FPUC”); (2) Pandemic...
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This article is an update of an article posted on December 22, 2020. On December 27, 2020, President Trump signed into law the Consolidated Appropriations Act, 2021 in order to fund the government through September 30, 2021 and provide economic relief in response to the coronavirus pandemic. This law does not extend the Families First...
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With COVID-19 vaccines on the horizon, it is imperative for employers to create an effective and lawful vaccine program for its employees. On December 16, 2020, the Equal Employment Opportunity Commission (“EEOC”) updated its guidance on the rights and responsibilities of employers and employees related to COVID-19 vaccination, including when employers may require employees to...
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U.S. Department of Labor issues first guidance on Trump Executive Order 13950 prohibiting federal contractors from promoting race or sex stereotyping or scapegoating or implementing workplace diversity and inclusion trainings.
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Revisions and clarifications to the FFCRA’s paid leave regulations take effect September 16, 2020. DOL revises definition of health care provider, revises employee notice and documentation requirements, reaffirms that leave may be taken only if the employee has work from which to take leave, and reaffirms that an employee must obtain the employer’s approval to...
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Pursuant to the memo “Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster,” employers will be allowed to defer the withholding, deposit, and payment of the employee portion of Social Security taxes if the employee’s bi-weekly pre-tax pay is less than $4,000. The IRS issued additional guidance for employers in implementing the payroll...
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