America CARES
Tax and Employee Benefits Provisions of the CARES Act Written by David Wheeler Newman The Coronavirus Aid, Relief, and Economic Security Act (the “Act”) contains numerous provisions, intended to stimulate the economy, which will impact tax liability and compliance for individuals and businesses. Some of the important provisions are highlighted below. There are many additional provisions in this legislation impacting taxpayers and the below summary … Continue reading America CARES
Department of Labor Releases Initial Q&A for Families First Coronavirus Response Act
Department of Labor Releases Initial Q&A for Families First Coronavirus Response Act, Effective April 1, 2020
Written by Jeremy Mittman and Stephen Franz
On March 24, 2020 the U.S. Department of Labor (”DOL”) published an initial series of “Questions and Answers” related to the Families First Coronavirus Response Act (“FFCRA”). The FFCRA contains COVID-19-related paid family leave and sick leave provisions which apply to private employers with fewer than 500 employees. Notably, and surprisingly, the DOL states that the FFCRA is effective on April 1, 2020. Because the FFCRA states the leave provisions shall take effect “not later than 15 days” after the March 18, 2020 date of enactment, many assumed that the DOL would begin enforcement on April 2, 2020. The agency did not provide any reason for this accelerated start date.
The Questions and Answers address topics including how an employer may count its employees in determining the 500-employee threshold, whether the paid leave requirements are retroactive, and how to calculate employees’ pay for leave purposes (additional detail provided in the guidance itself, copied below). Unfortunately, the Questions and Answers do not answer two of the most pressing questions facing many employers: (1) whether “shelter in place” orders are “quarantine or isolation” orders necessitating paid leave under the FFCRA; and (2) whether furloughed employees are eligible for paid leave. Employers should expect further guidance from the DOL in the coming days, including more Q&A, which will hopefully address these critical issues. Continue reading “Department of Labor Releases Initial Q&A for Families First Coronavirus Response Act”
Supreme Court Rules in Favor of North Carolina, Applies Sovereign Immunity
Written by Bradley J. Mullins and Adé T.W. Jackson
On Monday, the U.S. Supreme Court ruled that a provision of the Copyright Act that allows for lawsuits against state governments for copyright infringement is unconstitutional. The justices were considering Allen, et al. v. Cooper, et al., Case No. 18-877 (Mar. 23, 2020), a case where North Carolina was being sued by a filmmaker for using his videos and photos of the wreck of Queen Anne’s Revenge — the flagship of the pirate Blackbeard. The justices unanimously ruled that North Carolina was shielded from the lawsuit by state sovereign immunity.
Although the Eleventh Amendment gives states broad sovereign immunity against such lawsuits, the plaintiff relied on the Copyright Remedy Clarification Act (CRCA) — a statue enacted by Congress in 1990 expressly to permit infringement claims against the States. However, Monday’s ruling invalidates the statute, with the justices determining that Congress lacked the constitutional authority required to abrogate state sovereign immunity in this way. Continue reading “Supreme Court Rules in Favor of North Carolina, Applies Sovereign Immunity”
COVID-19 Client Communication, Vol. 3
After a busy weekend of Shelter In Place orders and various other developments involving COVID-19, our latest alert below is rather lengthy and covers many different topic areas. Continue reading “COVID-19 Client Communication, Vol. 3”
FAQs re New Federally-Mandated COVID-19 Leave Benefits
Here is a quick reference guide to the new federal sick and family leave law. Please check back frequently for updates as we provide them. THE BASICS AND COMMON QUESTIONS: QUESTION ANSWER What is the current status of the law? President Trump signed into law H.R. 6201, the Families First Coronavirus Response Act, on March 18, 2020. When does the law take effect? April … Continue reading FAQs re New Federally-Mandated COVID-19 Leave Benefits
Freedom Of (All) The Press?
Impact of “Shelter in Place” Orders on Media Companies Written by Aaron M. Wais and Craig C. Bradley In today’s age, people consume their news in myriad ways: from more traditional means such as watching the nightly news to reading a wide variety of media websites. Many of these organizations require people on the ground to report and deliver the news, and also thrive on … Continue reading Freedom Of (All) The Press?
Golden State Stays Home
COVID-19: SoCal Shelter in Place Orders
Written by Susan Kohn Ross and Matthew S. Beasley
On March 19, 2020, the City of Los Angeles (“City”), the County of Los Angeles (“County”), and the State of California (“State”) each issued separate “shelter in place” orders in response to the Novel Coronavirus. Each generally requires that residents stay home unless they are engaged in work which the orders define as “essential.” Unfortunately, the orders are not consistent in how “essential” is defined. Moreover, on March 20 the State issued an updated order and expanded its definition of “essential.” For example, the State order now defines the following types of workers as essential: “Workers supporting the entertainment industries, studios, and other related establishments, provided they follow covid-19 public health guidance around social distancing.” The City and County orders, by contrast, do not currently include entertainment workers as “essential,” even though a significant portion of California’s entertainment workers are in Los Angeles. Continue reading “Golden State Stays Home”
North America, Bordered Up
Written by Susan Kohn Ross
The U.S. is working closely with Mexico and Canada to ensure North America has a coordinated approach to combating the pandemic caused by COVID-19, and mitigating any further spread. The United States and Canada have agreed to restrict travel at the land border to essential travel only (details regarding those travel restrictions can be found here and here). In a similar fashion, the United States and Mexico are finalizing an agreement that will facilitate only essential travel at the U.S. southern border. The three countries are maintaining cross-border activities that support health security, commerce, supply security, trade, and other essential activities, while taking prudent steps to protect citizens and to limit spread of the virus. The stated goal of these efforts is to help save lives. As such, these restrictions are in place indefinitely. Continue reading “North America, Bordered Up”
Careful With The Remote
Cybersecurity Concerns with Remote Work
Written by Susan Kohn Ross and Timothy Carter
While likely not the first topic that comes to mind amidst a global pandemic, organizations and businesses that now find themselves entirely (or almost entirely) remote would be remiss not to consider the potential data and cybersecurity issues raised by this sudden and unexpected shift to remote work. For much of the country, COVID-19 has resulted in an abrupt shift in the way we work. Even for those businesses that maintained robust work-from-home policies and systems, this shift presents a learning curve. The more traditional data and cybersecurity concerns ever-present in normal business operations are compounded by the difficulties presented by an extensive remote workforce. Preoccupied remote workers can be more susceptible to online threats such as phishing emails or malware and ransomware, thereby “opening the door” and providing unauthorized access to bad actors. The other, often lesser considered concern is accidental disclosure of confidential business information. Continue reading “Careful With The Remote”
Don’t Get Stuck With COVID-19
US Immigration In The Time of the Coronavirus
Written by David S. Rugendorf
Our lives have changed almost overnight, and the unimaginable has become the new normal. We find ourselves, our families and our workplaces in an unprecedented and ever evolving situation, with new government directives and restrictions appearing on an almost daily basis. With that in mind, we have a few general points to share with our clients and friends:
RECONSIDER TRAVEL PLANS – This should be obvious. Government travel restrictions are in place prohibiting entry into the United States of individuals who have recently been present in China and Europe (including the United Kingdom). Exceptions are currently being made for US citizens, permanent residents (“green card” holders) and their immediate families. Entries across our land borders are now severely curtailed. We do not expect the situation to return to normal any time soon – further restrictions may be imposed. Appointments to obtain visas at US embassies and consulates all over the world have been cancelled, or face lengthy postponements. Applicants should monitor their e-mails for notifications regarding cancellations and postponements. US airports have seen delays in immigration processing and crowding which have made social distancing impossible. Continue reading “Don’t Get Stuck With COVID-19”
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