It’s #WorkforceWednesday. We hope you had a safe and healthy Labor Day weekend. Here’s some news you may have missed:

To Defer or Not Defer?

Employers are between a rock and a hard place, even after receiving Internal Revenue Service guidance on the temporary payroll tax deferral President Trump announced in early August. Allowing the payroll tax deferral has significant practical and administrative challenges (especially if employers choose to give employees a choice of whether or not to defer) and tax consequences, unless Congress takes legislative action and forgives the deferrals. On the other hand, continuing to withhold can create employee relations issues, especially if Congress later forgives the deferrals, as employees may feel that they “lost” out on a benefit because their employers denied them from having it. Read a breakdown from our multidisciplinary team.

Wage and Hour Guidance on Remote Work

The U.S. Department of Labor’s Wage and Hour Division has issued new guidance reminding employers of their obligation to “exercise reasonable diligence in tracking teleworking employees’ hours of work.” While the guidance does not break new ground, it reiterates certain key areas.

COVID-19 Trend to Watch: Voting PTO

With the ongoing pandemic, many employees have expressed concerns about safely voting in the 2020 elections. Some employers are implementing new or revamped policies to address apprehension, including offering unpaid or paid time off to vote or engage in other election-related activities. Read more here.

Other Highlights

Class Action Avoidance: A Series

The risk of a class action suit runs high as employers continue to face return-to-work decisions. Our class action avoidance webinar series can be viewed on-demand, anytime. Watch here.

Rules of the Road: Return to Work in the Time of COVID-19

Returning to the physical workplace safely and in a compliant manner is essential to minimize the spread of COVID-19. Use the 10 “Rules of the Road” to help guide your organizations and employees through this transition. This week, we’re featuring rules three and four from our series:

Rule #3: Wash Your Hands

Rule #4: No Touching

In-House Counsel, Take Note

New York attorneys could soon have to complete cybersecurity training courses to satisfy their continuing legal education requirement. With the legal field facing mounting cybersecurity risks, the New York State Bar Association’s House of Delegates has approved proposing the training requirement, with additional votes to formalize it anticipated in the near future.