Law and the Workplace

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Law and the Workplace

U.S. DOL Issues Additional Guidance on CARES Act Unemployment Programs

By Evandro Gigante, Harris Mufson, Allison Martin & Jacob P. Tucker

April 6, 2020

The U.S. Department of Labor (DOL) recently published two additional Unemployment Insurance Program Letters (UIPLs) providing guidance on the administration of the expanded unemployment insurance benefits under the CARES Act. The following summarizes the key points of these UIPLs. UIPL No. 15-20 addresses the Federal Pandemic Unemployment Compensation (FPUC) provision of the CARES Act, under which eligible individuals will receive an extra $600 per week, in addition to the weekly benefits amounts they otherwise are…

Law and the Workplace

COVID-19: Navigating WARN Act Issues During These Uncertain Times

By Jurate Schwartz, Nayirie K. Mehdikhani, Joseph Baumgarten, Steven J. Pearlman & Guy Brenner

April 6, 2020

COVID-19: Navigating WARN Act Issues During These Uncertain Times As the outbreak of COVID-19 affects the country and states, counties and cities take various measures to slow the transmission, many employers are facing uncertainty and considering business contingency measures. To the extent layoffs, reductions of hours and closures are under consideration, employers need to be ready to navigate their obligations under the intricate requirements of the federal Worker Adjustment and Retraining Notification (“WARN”) Act and…

Law and the Workplace

U.S. Supreme Court Declines to Resolve Circuit Split On Whether A Layoff Is Temporary Or Permanent Under WARN Act

By Steven J. Pearlman, Nicole Eichberger & Samantha Shear

April 6, 2020

On March 30, 2020, the U.S. Supreme Court declined to review a decision from the Seventh Circuit in Leeper v. Hamilton County Coal, LLC, No. 19-1109, which held that a layoff was temporary, and thus did not trigger the 60-day notice requirement of the Worker Adjustment and Retraining Notification Act (the “WARN Act”). On February 5, 2016, the defendant employer in Leeper distributed written notice placing 158 employees on a temporary layoff the next day,…

Law and the Workplace

CARES Act Expands Unemployment Insurance Benefits

By Evandro Gigante, Harris Mufson, Allison Martin & Jacob P. Tucker

April 5, 2020

The Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) was signed into law on March 27, 2020. The $2.2 trillion package included various provisions increasing and expanding unemployment insurance benefits available to workers, including individuals who are unemployed, partially unemployed, or unable to work due to COVID-19. How does the CARES Act increase existing unemployment insurance benefits? The CARES Act expands existing unemployment benefits in two material ways: (1) providing for an extra…

Law and the Workplace

DOL Releases FFCRA Regulations and Even More Informal Guidance – What Employers Need To Know

By Evandro Gigante, Guy Brenner, Pinchos Goldberg & Rachel Therese Gulotta

April 5, 2020

On April 1, 2020, the U.S. Department of Labor (“DOL”) posted a “temporary rule” issuing regulations, to implement the Emergency Family and Medical Leave Expansion Act (“EFMLEA”) and the Emergency Paid Sick Leave Act (“EPSLA”) provisions of the Families First Coronavirus Response Act (“FFCRA”). The regulations clarify, expand and build upon previous question and answer (“Q&As”) guidance from the DOL’s Wage and Hour Division (“WHD”). The DOL has also modified a…

Law and the Workplace

DOL Provides Additional Critical Guidance on the Federal Family First Coronavirus Response Act

By Guy Brenner, Evandro Gigante, Laura Fant & Rachel Therese Gulotta

March 30, 2020

*** Last updated March 28, 2020 *** The recently-passed Family First Coronavirus Response Act (FFCRA), which provides paid sick leave and emergency family leave, has raised many questions for employers. The US Department of Labor (DOL) has attempted to answer some of these questions by posting guidance for employers and employees on its website. Since its original posting of Questions and Answers pertaining to the FFCRA, the DOL has since released 45 additional Q …

Law and the Workplace

Federal Coronavirus Aid, Relief and Economic Security (CARES) Act Signed into Law

By Harris Mufson, Evandro Gigante, Rachel Therese Gulotta & Meika Freeman

March 30, 2020

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief and Economic Security Act (the “CARES Act”). The CARES Act is a $2.2 trillion stimulus package aimed at offering economic relief to individuals, businesses, industries, and state and local governments during the Coronavirus pandemic. The following is a summary of the key employment-related provisions of the CARES Act. The Paycheck Protection Program for Small Businesses The CARES Act establishes the Paycheck Protection…

Law and the Workplace

EEOC Answers Employers’ COVID-19-Related Questions

By Harris Mufson, Caroline Guensberg & Alex Downie

March 30, 2020

On March 27, 2020, the EEOC posted a pre-recorded webinar in which the agency answered questions related to the impact of COVID-19 on the laws that the agency enforces. At the outset, the EEOC issued a disclaimer that guidance from the Centers for Disease Control (“CDC”) and state or local public health authorities should not hinder employers’ ability to comply with applicable workplace laws. The EEOC then addressed various topics that employers have been grappling…

Law and the Workplace

District of Columbia Expands DCFMLA and Unemployment Insurance in Response to COVID-19

By Guy Brenner & Caroline Guensberg

March 30, 2020

In response to the global health crisis, Mayor Muriel Bower has signed the D.C. COVID-19 Response Emergency Amendment Act of 2020 (the “Act”). Unless extended, the Act will remain in effect until June 15, 2020, and, among other things, creates a new category of leave available under the D.C. Family and Medical Leave Act (“DCFMLA”) – declaration-of-emergency (“DOE”) leave – and temporarily eases certain eligibility requirements for unemployment insurance compensation (“UI”). DCFLMA Leave The Act…

Law and the Workplace

New York State Issues Guidance on COVID-19 Quarantine Leave Law

By Evandro Gigante, Harris Mufson, Laura Fant, Arielle E. Kobetz & Rachel Therese Gulotta

March 27, 2020

On March 25, 2020, New York State published Frequently Asked Questions and other guidance regarding the state’s recently enacted Covid-19 Paid Sick Leave Law and expansions to New York’s Paid Family Leave Law (PFL) and Disability Benefit Law. This bill was signed into law on March 18 and became effective immediately as part of a statewide Coronavirus response. The law, which we previously addressed in a prior post, requires New York employers to provide…

Law and the Workplace

Blog Authors

U.S. DOL Issues Additional Guidance on CARES Act Unemployment Programs

COVID-19: Navigating WARN Act Issues During These Uncertain Times

U.S. Supreme Court Declines to Resolve Circuit Split On Whether A Layoff Is Temporary Or Permanent Under WARN Act

CARES Act Expands Unemployment Insurance Benefits

DOL Releases FFCRA Regulations and Even More Informal Guidance – What Employers Need To Know

DOL Provides Additional Critical Guidance on the Federal Family First Coronavirus Response Act

Federal Coronavirus Aid, Relief and Economic Security (CARES) Act Signed into Law

EEOC Answers Employers’ COVID-19-Related Questions

District of Columbia Expands DCFMLA and Unemployment Insurance in Response to COVID-19

New York State Issues Guidance on COVID-19 Quarantine Leave Law

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