On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”) was signed into law. The PPPFA is aimed at providing borrowers with additional flexibility to maximize forgiveness of loans received under the Paycheck Protection Program (“PPP”) established as part of the CARES Act. The following provisions of…
Labor & Employment
Employers Covered by the FFCRA Must Post the DOL’s Employee Rights Poster in the Workplace and Should Issue a Copy of the Poster to Employees
In response to the COVID-19 public health emergency, Congress passed the Families First Coronavirus Response Act (the “FFCRA”) requiring employers with 500 or less employees to provide paid sick leave and paid family leave to qualified employees affected by the pandemic. These benefits are in addition to any other earned…
The DOL Issues New Rule Regarding Electronic Disclosure Safe Harbor for Retirement Plans
On May 21, 2020, the U.S. Department of Labor (“DOL”) announced a final rule allowing employers to post retirement plan disclosures online or furnish them to workers via email. The rule is aimed at reducing administrative expenses for employers and making information more readily available to workers. ERISA-covered retirement plans…
Get Back to Work! Guidance for Reopening the Workplace after Stay at Home Orders are Lifted
I. When Can America Go Back To Work? As employers and employees increasingly chafe at the bit to return to the workplace, businesses must look to state and local stay-at-home directives to determine when they can reopen. It is anticipated that this will occur in phases and will likely depend…
The DOL Releases Updated Model COBRA Notices To Address Medicare Eligibility and Expands COBRA Deadlines
The Department of Labor (“DOL”) and other federal agencies released updated model COBRA notices and expanded COBRA deadlines in an effort to reduce the risk of participants and beneficiaries losing benefits during the COVID-19 pandemic. Updated Model COBRA Notices Under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), an individual who…
Second Chance at Paycheck Protection Program Loan: An Overview of Program Application and Loan Forgiveness Requirements
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”) with the intended goal of preventing job loss and small businesses failure due to losses caused by the COVID-19 pandemic. The PPP was designed to…
Scenarios For COVID-19 Related Leave in New York
As part of Lindabury’s work with the Mechanical Contractors Association of New York, James Estabrook and Elizabeth Engret Manzo have authored guidance on COVID-19 related leave under New York state law. You can download a copy of the guidance here.
New Jersey Delays Effective Date of WARN Act Amendments and Extends the Exemption for Layoffs Due to Disasters and National Emergencies
Since the onslaught of layoffs and furloughs caused by the COVID-19 crisis, many employers found themselves caught in the crosshairs of the onerous severance and notice obligations imposed by the January 2020 Amendments to New Jersey’s Millville Dallas Airmotive Plant Job Loss Notification Act (“NJ WARN Act”), slated to go…
When an Employee Needs Leave Under the FFCRA, What Documentation Does the Employer Require to Receive Tax Credits?
Our employee says they need Paid Leave under the FFCRA. What documentation can the company require from the employee to ensure these payments qualify for employer tax credits? Under the Families First Coronavirus Protection Act (FFRCA), employers are eligible for tax credits for any payment of qualified Emergency Sick Leave…
Administering COVID-19 Relief – Guidance for Employers: Fact Sheets, FAQs and Q&As from Federal Agencies
The speed in which the Congress and various federal agencies have acted in response to the coronavirus outbreak has caused confusion among employers about what they must do to comply with these new laws and regulations. To assist employers we have compiled a list of fact sheets, Q&As and FAQs…