Order Up!
California Provides Supplemental Paid Sick Leave For Food Sector Workers
Written by Jeremy Mittman and Stephen Franz
On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20 (the ”Order”), which requires “hiring entities” with at least 500 employees in the United States to provide “food sector workers” with up to 80 hours of supplemental paid sick leave related to COVID-19. The Order, effective April 16, 2020, is the second recent law in California providing paid sick leave to workers not covered by the federal Families First Coronavirus Response Act (“FFCRA”)(which requires employers with fewer than 500 employees provide paid sick leave). We previously reported on the Los Angeles emergency ordinance providing similar paid sick leave provisions for employees of larger employers not covered by the FFCRA.
Although the Order explicitly addresses “food sector workers”, it is not necessarily limited to workers in the food industry. The Order may apply to employers across all industries, if those employers have workers engaged in food services. Consequently, all employers should carefully scrutinize the provisions of the Order to determine if they apply. Here is what employers need to know about the Order: Continue reading “Order Up!”
Contact Tracing: COVID-19
Written by Susan Kohn Ross and Timothy Carter
As the individual states struggle to define how best to reopen in a manner that minimizes the renewed spread of the novel coronavirus/COVID-19, the subject of contact tracing has become a major focus. To aid in this effort, Apple and Google announced late last week a joint contact tracing project that would leverage Bluetooth technology to identify and selectively alert individuals who have been in close proximity to someone who tested positive for COVID-19. Once alerted, that user could self-isolate or seek testing. Individuals who are diagnosed with COVID-19 can self-report their diagnosis, and any users who have been in recent contact with that individual will receive a notification. Public health agencies would be responsible for checking and verifying test results provided by users in order to prevent spoofing or fabrication. Continue reading “Contact Tracing: COVID-19”
Employer Expectations in COVID Conditions
Written by Frida P. Glucoft
Employers should beware: even during the COVID-19 pandemic, certain employer compliance and obligations continue and others are created.
NOTICE: if your work force is working from home and you have any individuals in H1B or E3 status, there are postings and notice requirements. There are technical rules which must be followed and documents to retain for the future when we return to the worksite.
TRAVEL BAN: the travel ban for entry to the USA from abroad remains in effect. The exception is for US citizens and lawful permanent residents and their families. In addition, many countries around the globe do not permit anyone but nationals of their own countries to enter.
Be sure your employees do not make travel arrangements without advising you well in advance. Continue reading “Employer Expectations in COVID Conditions”
CBP Authorizes Duty Payment Deferral
Written by Susan Kohn Ross
Update 4/23/20:
The official Federal Register notice authorizing the duty payment deferral option has been published – please see here. The comment deadline expires on May 20, 2020.
Update 4/20/20:
We noted in our Alert below that CBP stated the decision about whether or not to defer payment of duty had to be made by 11:59 PM today. CBP has now clarified that is 11:59 PM Eastern Time, and the deadline refers to the April Periodic Monthly Statement.
Also, CBP is now saying if the 301 duty exclusion covers the entire entry, the entry is eligible for the duty payment deferral option.
Original Alert:
Despite statements discounting the possibility, saner heads have prevailed and published late yesterday was an Executive Order issued permitting the Secretary of the Treasury to adjust the deadlines related to payment of duty. Executive Order re Duty Payment Deferral. On that basis, CBP announced a 90 day postponement of duty payment is possible. First, in CSMS 42423171, CBP made clear the option to postpone duty payment for 90 days exists for many entries filed in March and April 2020. However, if the entry involves antidumping duty, countervailing duty, and/or Section 201, 232 or 301 duties, duty payment deferral is not available. While not obvious from the publications available to date, if your goods are subject to a 301 tariff but you have an exclusion, CBP has verbally advised you are not eligible for duty payment deferral. Many more questions are likely and CBP is holding a second briefing with the trade community this morning. The first such briefing took place yesterday evening. During that briefing, CBP indicated the duty deferral decision had to be made before 11:59 p.m. tonight. This is understood to refer to duty payments due today, April 20, 2020. Make sure to consult with your customs broker, but do not be surprised if many are unsure about the application of this newly announced program, due to the timing of its rollout. Continue reading “CBP Authorizes Duty Payment Deferral”
COVID-19 Client Communication, Vol. 10
Our COVID-19 response team is committed to providing you with the latest updates on COVID-19’s effect on various policies and laws.
Below please find our latest alerts. Feel free to read and share, and contact us if there is anything we can do to help you or your business maintain compliance in this ever-evolving situation. Continue reading “COVID-19 Client Communication, Vol. 10”
LA Takeaways
Los Angeles Provides Guidance on Emergency Paid Sick Leave Ordinance
Written by Jeremy Mittman and Stephen Franz
On April 11, 2020, the City of Los Angeles published Rules and Regulations interpreting the City’s Emergency Ordinance (“the Ordinance”), which mandates employers of either (a) 500 or more employees within the City of Los Angeles; or (b) 2,000 or more employees within the United States, to offer supplemental paid sick leave for COVID-19 related reasons.
Here are the top 5 new takeaways for employers interpreting the Ordinance from the Rules and Regulations:
ERC vs. PPP
Written by Robert Lowe
If you didn’t get a Payroll Protection Program (PPP) loan before the SBA ran out of funds, there are still other benefits available under the CARES Act that was recently passed by Congress.
The CARES Act also provides for the Employee Retention Credit (ERC) which is a tax credit equal to 50 percent of the qualified wages paid to employees up to $5,000 per employee. If you get a PPP loan, one big negative consequence is that you cannot claim the ERC. So each business needs to make a determination of whether it’s better off with a PPP loan or ERC. This is a complicated decision which will vary from business to business. Continue reading “ERC vs. PPP”
COVID-19 Tax Relief
Written by Jeffrey Davine
COVID-19 Related Legislation
As has been widely publicized, the federal government has enacted legislation that is designed to provide tax and other relief to employers as a result of the COVID-19 crisis. The tax relief is principally in the form of tax credits for payroll taxes that an employer is required to remit to the IRS when paying wages to its employees.
One of the laws enacted is the Coronavirus Aid, Relief, and Economic Security Act (the “CARES” Act). The CARES Act was signed into law on March 27th. It provides for a refundable payroll tax credit for employers whose businesses have been adversely affected by the Coronavirus.
Another statute enacted is the Families First Coronavirus Response Act (the “FFCRA”). It was signed into law on March 18th. The FFCRA provides small and midsize employers with refundable payroll tax credits to reimburse them for the cost of providing paid sick and family leave wages/salary to employees for an absence that is related to COVID-19.
The relief that is provided by both of these laws applies to both for-profit and nonprofit entities. Continue reading “COVID-19 Tax Relief”
COVID-19 Client Communication, Vol. 9
As COVID-19 continues to affect various policies and laws, our COVID-19 response team remains committed to providing you with the latest updates. Below please find our latest alerts. Feel free to read and share, and contact us if there is anything we can do to help you or your business maintain compliance in this ever-evolving situation. Continue reading “COVID-19 Client Communication, Vol. 9”
Public Spaces = Covered Faces, Part 2
Written by Susan Kohn Ross
City of Los Angeles Mayor Eric Garcetti has issued an order stating that all workers who are deemed exempt by virtue of their services must wear face coverings over their noses and mouths. These face coverings are to be just that, not medical grade, but rather scarves, bandanas and similar coverings. Any which are reusable are to be washed frequently, at least once a day. If single use, they must be properly discarded. Continue reading “Public Spaces = Covered Faces, Part 2”
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