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USDOL ISSUES CLARIFYING GUIDANCE REGARDING SMALL BUSINESS EXEMPTION UNDER THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT
The USDOL has issued guidance clarifying when the small business exemption applies to exclude a small business from the leave provisions of the Families First Coronavirus Response Act (FCCRA), including both the Emergency Paid Sick Leave Act (EPSL) and Emergency Family and Medical Leave Expansion Act (EFMLA). By way of reminder, the EPSL provides for…
Read moreUNITED STATES DEPARTMENT OF LABOR PROVIDES GUIDANCE ON FAMILIES FIRST CORONAVIRUS RESPONSE ACT
The United States Department of Labor (USDOL) has been providing updated guidance for workers and employers explaining paid sick leave and expanded FMLA benefits under the Families First Coronavirus Response Act (FFCRA). Of particular assistance is a Q&A addressing many critical FFCRA issues, including the scope of small business exemptions, the circumstances under which leave…
Read moreNEW YORK PROVIDES FOR ADDITIONAL PAID SICK LEAVE AND OTHER BENEFITS FOR EMPLOYEES UNDER COVID-19 QUARANTINE ORDER
On March 18, 2020, Governor Cuomo signed into law a statewide Coronavirus response bill that immediately provides for additional paid sick leave, unpaid leave, as well as an expansion of the state’s paid family leave and disability benefits, to certain employees who are “subject to mandatory or precautionary orders of quarantine or isolation” related to COVID-19…
Read moreFederal “Families First Coronavirus Response Act” Signed into Law: What Does it Mean for Employers?
After a few days of negotiation, the federal “Families First Coronavirus Response Act” (Act) passed the Senate and was signed into law by President Trump late Wednesday. Of particular importance to employers are provisions related to paid sick leave and paid Family Medical Leave Act (FMLA) leave. Both provisions will become effective not later than…
Read moreFederal Court Blocks Implementation of New Overtime Rules
Late on Tuesday, November 22, 2016, the United States District Court for the Eastern District of Texas issued a nationwide preliminary injunction enjoining the U.S. Department of Labor (“USDOL”) from implementing and enforcing its new overtime rules. These overtime rules would have raised the minimum salary level for the white collar exemptions (executive, administrative, professional)…
Read moreU.S. Department of Labor Issues Final Rule on FLSA Overtime Regulations
On May 18, 2016, the U.S. Department of Labor published its long-awaited final rule amending the federal Fair Labor Standards Act (“FLSA”) overtime regulations regarding the executive, administrative and professional exemptions (the “FLSA White Collar Exemptions”). The outside sales and computer professional exemptions are not subject to the new amendments.
Read moreGovernor Cuomo Signs $15 Minimum Wage Plan and 12 Week Paid Family Leave Policy into Law
On April 4, 2016, Governor Cuomo signed legislation enacting a statewide $15 minimum wage plan and a 12-week paid family leave policy. The sweeping legislation was passed as part of the 2016-17 state budget.
Read moreIndependent Contractor or Employee? The U.S. Department of LaborWeighs In
In July, the U.S. Department of Labor Wage and Hour Administrator issued an Administrative Interpretation (the “Guidance”) clarifying the standards it applies to determine whether a worker is properly classified as an employee or an independent contractor. In so doing – and of particular note to employers – the DOL advised that “most workers are…
Read moreNLRB Sets Forth New Rule Regarding Employee Use of Company Email During Non-Working Time
In an important 3-2 decision on December 11, 2014, the National Labor Relations Board (NLRB) held in Purple Communications that, except in very limited circumstances, Section 7 of the National Labor Relations Act (NLRA) requires employers to open their corporate email systems to union organizing by employees and to discussions among employees about the terms…
Read moreRecently Released Regulations Alter the Affordable Care Act’s Employer Mandate Provisions Yet Again
In February, the United States Treasury Department issued final regulations implementing the employer mandate provisions under the Affordable Care Act. The mandate, which requires employers with 50 or more employees to offer health insurance to their workers or face penalties for non-compliance, were originally planned to take effect at the start of 2014.
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