On September 22, 2020, President Trump issued an Executive Order on Combating Race and Sex Stereotyping (the “Executive Order”). The Executive Order applies to federal contractors and subcontractors, as well as organizations...more
Ensuring the proper classification of workers is a concern for many employers. Soon, it may become easier for employers to classify workers as independent contractors, thereby excluding more workers from overtime pay under...more
This week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
As we previously reported, on August 3, 2020, the U.S. District Court for the Southern District of New York (“the District Court”) struck down four provisions of the Department of Labor’s (DOL) “Final Rule” regarding the...more
9/15/2020
/ Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Final Rules ,
Health Care Providers ,
Intermittent Leave ,
New York ,
Paid Leave ,
Remote Working ,
Work Availability Requirement
Last week, a federal judge in the Southern District of New York struck down most of a U.S. Department of Labor rule that limited when multiple businesses may be liable to the same worker under federal wage law, the so-called...more
On August 8, 2020, President Trump issued an executive order calling for a deferral of the employees’ portion of the payroll tax (the 6.2% Social Security tax only) from September 1, 2020 through December 31, 2020 (the...more
On July 27, 2020 we published a client alert about the DOL’s Q&A on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), and the Families First...more
Six months into the COVID-19 pandemic in the United States, everyone is looking for hopeful signs that life can return to “normal” on any level. Encouraging news reports indicate that the race to develop a COVID vaccine is...more
As COVID-19 continues to prompt many school districts and daycare centers to remain closed for on-site instruction and care this Fall, this creates a serious dilemma for working parents. Employers are struggling to meet...more
On Monday, August 3, 2020, the U.S. District Court for the Southern District of New York vacated several significant provisions of the U.S. Department of Labor’s (DOL) “Final Rule” regarding the Families First Coronavirus...more
On July 20, 2020, the Department of Labor (DOL) released three updated, new and separate questions and answers on COVID-19 with respect to the laws it enforces – the Family and Medical Leave Act (FMLA), the Fair Labor...more
Employers struggle with COVID-19 for any number of reasons. However, perhaps one of the main challenges they face is how to keep employees safe, even when one of them tests positive for or is exposed to COVID-19. They are...more
7/8/2020
/ Americans with Disabilities Act (ADA) ,
California Consumer Privacy Act (CCPA) ,
Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
COVID-19 Consumer Data Protection Act ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Mobile Apps ,
New Guidance ,
OSHA ,
Public Health Emergency ,
State and Local Government ,
Virus Testing
On June 26, 2020, the U.S. Department of Labor (DOL) issued several unrelated opinion letters dealing with non-COVID wage and hour issues.
Specifically, two of the opinion letters, FLSA2020-6 and FLSA2020-8, deal with the...more
As states begin to reopen, employers and employees alike may be worried about exposure –both to the virus itself and to liability. States have begun to act by introducing certain legislation to protect employers, who are...more
On Tuesday May 19, 2020, the Occupational Safety and Health Administration (OSHA), issued a new guidance (again) on employers’ obligation to record COVID-19 cases in the workplace. Specifically, effective on May 26, 2020,...more
On May 14, 2020, the Centers for Diseases Control (“CDC”) released guidelines to various businesses to assist on re-opening. These guidelines are separate, single page “decision trees” in which the CDC offers decision-making...more
Employers and employees are bracing themselves for a new heightened level of surveillance in the workplace not seen since the aftermath of 9/11. These new measures will leverage advanced technologies such as artificial...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
For all the time and effort spent on temperature checking and other anecdotal inquiries for COVID symptoms—and with all its inherent uncertainty given questions about the timing of COVID-19 onset—new Equal Employment...more
The IRS issued guidance on the Employee Retention Credits under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on March 31, 2020 and the Joint Tax Committee provided additional legislative history in the...more
As we previously reported, on April 1, 2020, the U.S. Department of Labor (“DOL”) released a temporary rule (“the Rule”), at 29 C.F.R. § 826, regarding administration of the paid leave provisions in the Families First...more
Businesses that remain operational during the COVID-19 pandemic are faced with the challenge of determining what they can do to minimize the risk of spreading the virus while still being able to provide critical products and...more
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, expands the scope of individuals who are eligible for unemployment benefits, including those who are “furloughed”...more
On March 27, 2020, the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) became law. Its provisions had some amendments, revisions, corrections, and additions to the Families First Coronavirus Response...more
On March 31, 2020, the IRS issued guidance on the Employee Retention Credits under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The Employee Retention Credits are fully refundable tax credits...more
4/6/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Rights ,
Filing Deadlines ,
Income Taxes ,
IRS ,
Lenders ,
SBA ,
SBA Lending Programs ,
Sick Leave ,
Small Business ,
State of Emergency ,
Tax Credits ,
Tax Returns ,
Time Extensions ,
U.S. Treasury