Round 3 - DOL Issues Additional Guidance on COVID-19-Related Leave

Garrett Wozniak
Garrett Wozniak
03/30/2020
The Department of Labor has answered additional questions regarding the expanded family and medical leave (EFMLA) and emergency paid sick leave (EPSL) mandated by the Families First Coronavirus Response Act.  Here are the highlights: What documentation is required?  (FAQ 15-16) We previously explained that the DOL in its second Q&A update set forth the types of information and documentation employers must require and employees must provide. ...
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Employer's Guide to Key Provisions of the CARES Act

Kollman & Saucier
Kollman & Saucier
03/30/2020
Last Friday, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act” or “the Act”).  The two trillion-dollar relief package includes expanded unemployment assistance for workers, relief loans (with strings attached) for businesses, payroll tax credits and deferrals, and modifications on employees’ ability to access retirement savings accounts.  This article provides employers with an overview of...
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Maryland Child Care Providers Not Registered To Serve Essential Personnel Ordered Closed By End Of Today

Bernadette Hunton
Bernadette Hunton
03/27/2020
The latest announcement in a series of confusing directives for Maryland child care centers came late yesterday when the State  Superintendent ordered all child care centers other than those serving essential workers to shut down after today, Friday March 27, 2020. Just 4 days ago, the State issued Interpretive Guidance of its March 19, 2010 Executive Order clarifying that child care centers are considered essential businesses not required to...
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Updated and Detailed DOL Guidance On Expanded FMLA and Paid Sick Leave

Garrett Wozniak
Garrett Wozniak
03/27/2020
The Department of Labor has issued a second round of Q&A regarding the FFCRA.  Here is a summary of the new guidance and a reminder regarding some of the other more common questions. How is regular rate determined? Regular rate is the average of an employee’s regular rate over a period of up to six months prior to the date leave is taken.  If an employee has not worked for an employer for six months, the regular rate used is the average...
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COVID-19 and Maryland Unemployment

Bernadette Hunton
Bernadette Hunton
03/27/2020
A record 3.3 million people applied for unemployment last week, according to a U.S. Department of Labor report. The sky-high numbers are no surprise as the COVID-19 pandemic forces employers to make difficult decisions about how to cease, suspend, or continue operations under extraordinary circumstances. The State of Maryland recently relaxed its standards for benefit eligibility and updated its FAQs about COVID-19 and Maryland's Unemployment...
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COVID-19 and the ADA

Vincent Jackson
Vincent Jackson
03/26/2020
The EEOC issued on March 19, 2020 an FAQ entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19 that contains important guidance for employers adjusting to the new reality presented by the COVID-19 pandemic. While the Americans with Disabilities Act (ADA) and the Rehabilitation Act continue to apply, they do not prevent compliance with guidelines issued by the Centers for Disease Control (CDC) or state and local public...
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DOL Q&A On Families First Coronavirus Response Act

Garrett Wozniak
Garrett Wozniak
03/25/2020
The Department of Labor has issued guidance in the form of a Q&A regarding the Families First Coronavirus Response Act. The DOL has also issued a Field Assistance Bulletin regarding the “temporary non-enforcement period.” The guidance provides some clarification regarding the new leave law, including:  Effective Date:  The paid leave provisions are effective April 1, 2020.  The Act was supposed to go into effect April 2 --...
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Hot Off The Press - New Paid Leave Notice Posters

Garrett Wozniak
Garrett Wozniak
03/25/2020
The Department of Labor has released its Families First Coronavirus Response Act posters.  There are two posters: Employee Rights:  Paid Sick Leave and Expanded Family and Medical Leave under the FFCRA and Federal Employee Rights:  Paid Sick Leave and Expanded Family and Medical Leave under the FFCRA Remember to print and post the applicable notice conspicuously at your worksite no later than April 1,...
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President Trump Signs Families First Coronavirus Response Act

Garrett Wozniak
Garrett Wozniak
03/19/2020
The U.S. Senate today passed, by a vote of 90-8, the Families First Coronavirus Response Act (the amended version).  The President has signed the Act into law.  The Act will be effective in 15 days -- April 2, 2020 -- and sunsets on December 31, 2020.  The Act amends the Family and Medical Leave Act (FMLA) and mandates paid sick leave for coronavirus-related absences. Emergency Family and Medical Leave Expansion Act  FMLA...
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House Amends Coronavirus Paid Sick Leave and Job Protection Legislation

Garrett Wozniak
Garrett Wozniak
03/17/2020
The U.S. House of Representatives has Amended the Families First Coronavirus Response Act.  The revisions, which significantly alter the bill, are outlined below.  One might wager that the legislation is likely to be amended again -- but the casinos are closed. Emergency Family and Medical Leave Expansion Act  “Qualifying need related to a public health emergency” is revised to mean leave for an employee to care for an...
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