Employment Law Blog

IRS, Department of Labor, and Treasury Outline Workings of Paid Leave Tax Credits

The Department of Labor, IRS and Treasury Department have released a joint notice outlining how employers may utilize tax credits to provide mandated paid leave under the Families First Coronavirus Response Act signed into law on March 18th. The paid leave provisions have been discussed in our summary of the new law here, and these three agencies have now provided a glimpse of the road map for employers to cover the costs of paid leave. While the actual guidance is slated to be issued this week, the notice included information about how these provisions will operate: More >

COVID-19 Update for Employers: New Notice, and NOW is the Time to Review Your Policies

A New Notice is Required

The Families First Coronavirus Relief Act, H.R. 6201, is now law, and requires many employers to provide paid leave in one form or another during the COVID-19 crisis. The Emergency Paid Sick Leave Act portion of the new law also requires employers to conspicuously post a notice, where such notices to employees are generally posted, prepared by the Secretary of Labor. This notice is now available from the DOL at this link.  An FAQ from the DOL on this notice is also available on their website. One of the important takeaways from the FAQ is that employers with a largely working-from-home workforce may satisfy the conspicuous posting requirement by emailing or direct mailing the notice to their employees or posting it to an internal employee website.  More >

Enforcement and Retaliation of New Paid Leave Provisions – Crucial Concerns for Employers

While the new paid sick leave and Family and Medical Leave Act (“FMLA”) expansion law contains a small carrot for employers in the form of tax credits for those required to pay for sick leave and expanded FMLA leave, it also contains a couple of fairly substantial sticks.  Accordingly, employers should carefully consider any adverse employment actions they take at this time with respect to employees who take leave.   More >

The Families First Coronavirus Response Act Becomes Law - What Employers Need to Know

On Wednesday, March 18, President Trump signed H.R. 6201, the “Families First Coronavirus Response Act,” into law. It becomes effective on April 1st, which is a short period for taking compliance steps and budgeting for the changes. Among the provisions of the coronavirus relief bill are items relating to paid sick time and family leave, which we have summarized below, as they will have an enormous impact on employers. More >

Coronavirus and Confidentiality

As the coronavirus crisis continues, employers are confronted more and more by questions of confidentiality in the face of a pandemic and worried employees. Below are some questions employers are facing, along with some guidance about how to maintain employee confidentiality in the workplace. More >

Coronavirus and Employers: Critical Compliance Information

As the novel coronavirus, or COVID-19, has reached global pandemic status, it is critical for employers to understand how to administer their workforce in the face of the new illness, especially in light of state and federal employment laws. Luckily for employers, there is fresh guidance from several agencies on how to put team health first while protecting businesses and complying with relevant workforce laws and regulations. We have distilled that information into key points set out below. More >

CDC Releases Guidance for Employers to Respond to Coronavirus

In an effort to help employers understand and deal with the threat posed by COVID-19, the official name of the current outbreak of coronavirus, the Centers for Disease Control and Prevention (“CDC”) has recently released official guidance. It may seem odd that the CDC would issue employer-specific guidance (rather than, say, the EEOC or Department of Labor), but it only serves to underscore the threat this virus seems to pose and the way in which employer policies may have a direct bearing on the issue. More >

Is Your Independent Contractor Really An Employee?

Employers may choose to classify workers as independent contractors rather than employees for several reasons. Some seek to avoid employment tax, workers compensation costs, and overtime wage rates. Some hope to steer clear of employment laws such as the Fair Labor Standards Act, Title VII of the Civil Rights Act, the Americans with Disabilities Act, or the Age Discrimination in Employment Act. Others simply look to independent contractors because they provide a more flexible and less permanent workforce than traditional employees. More >

ALERT: NEW E-DELIVERY RULES FOR ERISA PENSION PLANS ON THE HORIZON

In October, the U.S. Department of Labor (DOL) published a proposed rule that encourages electronic delivery of ERISA-required plan disclosures. It allows plan administrators to post disclosures online to cut costs of paper delivery and is a voluntary safe harbor that plans can use to make documents accessible on a website instead of mailing paper documents. More >

What You Don’t Know about Labor Law Can Hurt You – Do You Have These Three Illegal Handbook Provisions?

You set up your business entity to shield you from liability issues, you consult with an employment attorney to ensure compliance with the Americans with Disability Act and Title VII, and you’ve made sure that your health plan and retirement accounts comply with the mandates of the Affordable Care Act and ERISA. You think you’ve covered all your bases, so you next begin work crafting common-sense policies to ensure a smoothly-operating business. And that’s when you step in it. More >