Tag: COVID-19

COVID-19, Labor & Employment

NLRB Advice on COVID-19

NLRB’s General Counsel Issues Advice Concerning COVID-19

Written by Jonathan Turner

As federal, state and local measures are being enacted to help curb the spread of the Coronavirus, the General Counsel for the National Labor Relations Board (“NLRB”) recently issued a memo intended to assist the public, employers and unions in analyzing the impact that emergency decision-making by unionized employers have on collective bargaining obligations.  The memo issued on March 27, 2020, and is directed to the Regional Directors, Officers-in-Charge and Resident Officers of the several NLRB field offices throughout the country.  The General Counsel has the sole statutory authority to determine whether to issue an unfair labor practice complaint for alleged violations of the National Labor Relations Act, including violations based on an employer’s alleged failure to bargain with a union over changes in business operations affecting employees represented by the union. Continue reading “NLRB Advice on COVID-19”

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COVID-19, Labor & Employment

Employee Relief in the Empire State

The New York COVID-19 Quarantine Leave Law

Written by Jeremy Mittman and Timothy Carter 

On March 18, 2020, the New York State Assembly passed and Governor Andrew Cuomo signed into law the New York COVID-19 Quarantine Leave Law (the “Law” or the “New York Law”), providing emergency paid and/or unpaid sick leave to all eligible employees unable to work because of a mandatory or precautionary quarantine order issued by the state of New York, the department of health, local board of health, or any governmental entity authorized to issue such an order due to COVID-19. The Law, which became effective immediately, also expands New York’s Paid Family Leave Law (the “NYPFL”) and Disability Benefit Law to provide eligible employees with salary continuation during periods of otherwise unpaid leave. The Law also expands the right to benefits under the NYPFL where an employee needs leave to care for a minor child of the employee who is subject to a mandatory or precautionary quarantine or isolation order due to COVID-19. Continue reading “Employee Relief in the Empire State”

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Corporate, COVID-19

Additional SEC Relief is Revealed

Written by Ignacio Celis-Aguirre

On March 26, 2020, the Securities and Exchange Commission (the “Commission”) announced that it would be providing additional temporary regulatory relief to market participants in response to the effects of the Coronavirus Disease 2019 (“COVID-19”). This relief addresses: (1) temporary relief from the notarization requirement for Form ID for certain filers who cannot secure a notarization because of COVID-19; (2) extending the filing deadline for specified Regulation A and Regulation Crowdfunding reports and forms from certain companies unable to file timely reports and forms because of COVID-19; and (3) extending the filing deadline for submitting annual update filings (“Form MA-A”) to Form MA for certain municipal advisors affected by COVID-19. Continue reading “Additional SEC Relief is Revealed”

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COVID-19, Immigration

Remote Work Blurs Boundaries

Working Remotely Triggers Immigration Compliance Regulations

Written By Howard D. Shapiro and Frida P. Glucoft

In the wake of a range of “safer at home” federal, state and local orders and guidelines stemming from the COVID-19 pandemic, employers throughout the United States have temporarily closed their offices to varying degrees and instructed their employees to work remotely, usually from home. Companies with employees working in the US pursuant to the temporary visa categories H-1B, E-3 (Australian citizens) and H-1B1 (citizens of Singapore and Chile) are required to take extra steps to ensure compliance with immigration laws and regulations when those employees are working from locations outside of their normal worksites. Continue reading “Remote Work Blurs Boundaries”

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COVID-19, Labor & Employment

More FFCRA Questions Answered

DOL Releases Additional Q&A for Families First Coronavirus Response Act, Effective April 1, 2020

Written by Jeremy Mittman 

On March 27, 2020 the U.S. Department of Labor (”DOL”) published a second series of “Questions and Answers” related to the FFCRA, supplementing the DOL’s initial March 24, 2020 set of Questions and Answers issued on March 24, 2020.  Here are the top six takeaways in the latest Questions and Answers: Continue reading “More FFCRA Questions Answered”

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COVID-19, Labor & Employment

Enforcement Extension

US Department of Labor Will Not Enforce The FFCRA Until April 18, 2020

Written by Jeremy Mittman and Stephen Franz

The US Department of Labor (“DOL”) Wage & Hour Division (“WHD”) just issued a Field Assistance Bulletin titled “Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act” (“FFCRA” or the “Act”).  The Bulletin, which is addressed to the WHD’s Regional Administrators, Deputy Regional Administrators, Directors of Enforcement, and District Directors, provides guidance to WHD field staff regarding the temporary non-enforcement period applicable to the FFCRA.

According to the Bulletin, the DOL will not bring enforcement actions against any public or private employer for violations of the FFCRA occurring within 30 days of the enactment of the FFCRA, i.e. March 18 through April 17, 2020, provided that the employer has made reasonable, good faith efforts to comply with the Act.  In short, this means that, although the FFCRA goes into effect on April 1, 2020, the DOL will not enforce it until April 18, 2020, as long as the following apply.  Continue reading “Enforcement Extension”

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Corporate, COVID-19

COVID-19 Causes Coverage

SEC Grants Additional Time For Filings Impacted By COVID-19

Written by Blake Baron

Earlier this month, the U.S. Securities and Exchange Commission (the “SEC”) provided conditional regulatory relief to those public companies impacted by COVID-19 (novel coronavirus) with a 45-day extension to file certain SEC filings that would have been otherwise due between March 1, 2020 and April 30, 2020. The SEC announced today that it was modifying that prior relief to cover certain filings due on or before July 1, 2020. The SEC acknowledged that many companies’ operations continue to be significantly impacted by the ongoing COVID-19 pandemic, which may result in difficulties for those companies to meet their applicable SEC filing deadlines. Continue reading “COVID-19 Causes Coverage”

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COVID-19, Labor & Employment

Keeping Employees Posted

DOL Releases Model Families First Coronavirus Response Act Notice That Eligible Employers Must Post

Written by Jeremy Mittman and Stephen Franz

On March 26, 2020 the U.S. Department of Labor (”DOL”) published the model notice that certain employers must post informing employees of their rights under the Families First Coronavirus Response Act (“FFCRA”).  Here is a copy of the notice.

The FFCRA contains COVID-19-related paid family leave and sick leave provisions which apply to private employers with fewer than 500 employees.  The FFCRA mandates that eligible employers post notice of employees’ rights under the FFCRA in “conspicuous places on the premises where notices to employees are customarily posted.”  As the FFCRA also states that the notice shall be prepared or approved by the DOL, eligible employers should post a copy of the DOL’s model notice, rather than their own notice.

The DOL also published Frequently Asked Questions addressing topics including where employers must “post” the notice if the workforce is telecommuting, how to provide notice if employees work in multiple locations, and if the notice must be translated (additional detail provided in the FAQs themselves, copied below): Continue reading “Keeping Employees Posted”

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COVID-19, Tax

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

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COVID-19, Labor & Employment

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”

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