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 --...read more
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...read more
The Maryland Department of Labor has posted a Frequently Asked Questions About COVID-19 And Unemployment Insurance Benefits. Below are the FAQ highlights: Employee Quit Due to COVID-19 An employee who quits work because they are sick due to COVID-19 will not be eligible for unemployment benefits because the employee is not able and available to work, as required for eligibility. Employee Quarantine An employee who is in mandatory...read more
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...read more
The U.S House of Representatives has passed the Families First Coronavirus Response Act (the “Act”), which, among other things, expands the Family and Medical Leave Act (FMLA) and provides paid sick leave in an effort to confront the coronavirus. The Senate is expected to approve the measure soon. The Act will take effect not later than 15 days after enactment. With respect to the FMLA, the Act (if approved by the Senate) expands...read more
Late yesterday afternoon, I received a call from a client that was eerily reminiscent of the calls I often received during the 2008-2009 financial crisis. The call went something like this: “Eric, because of the impact COVID-19 is having on our business, we are considering furloughing staff. What are the wage and hour implications of furloughs?” After receiving that call, I dusted off some of the guidance I had given 11 years ago and am sending...read more
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