On May 18, 2020, Massachusetts Governor Charlie Baker announced details of the Baker-Polito administration’s four-phase approach to reopening Massachusetts and released guidelines and requirements for businesses resuming operations. The process will be data-driven and fluid with the expectation that there will be at least three weeks before the start of
Federal Court Decision Highlights Challenges of Dealing With Employee Performance Issues While an Employee Is on FMLA Leave
Addressing performance issues of employees who are on leave under the Family and Medical Leave Act (FMLA) can present challenges for employers. An employer may discover, for instance, that prior to going out on FMLA leave, an employee engaged in misconduct or performed his or her job in an unsatisfactory
IRS’s New 2021 HSA and HDHP Limits
On May 20, 2020, in Revenue Procedure 2020-32, the Internal Revenue Service (IRS) announced the annual contribution limits for 2021 for health savings accounts (HSA). The IRS also announced the 2021 definitional limits per Internal Revenue Code Section 223 for high deductible health plans (HDHP).
Maryland Enacts Mandatory State WARN Act Requirements and Imposes Additional Employer Obligations and Penalties
In a move that could impact many Maryland employers, the Maryland General Assembly has made a major change to the state’s version of the federal Worker Adjustment and Retraining Notification (WARN) Act or its “mini-WARN” law.
OSHA Revises Its Recordkeeping Guidance for COVID-19 Work-Related Cases
On May 19, 2020, the federal Occupational Safety and Health Administration (OSHA) issued Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) under the agency’s recordkeeping regulation at 29 C.F.R. § 1904, providing additional information on what employers are required to record in their OSHA 300 logs. Previous
Texas Workforce Commission Provides Form for Employers to Report Employee Reemployment Offer Refusals
On April 30, 2020, the Texas Workforce Commission (TWC) issued guidance identifying the circumstances in which an employee may remain eligible for the receipt of unemployment benefits despite the employee’s refusal of an offer to return to work. These circumstances included, for example, an individual being considered high risk due
USCIS Asks Congress for $1.2 Billion in Emergency Funds Amid Plans to Raise Application Fees
U.S. Citizenship and Immigration Services (USCIS) recently asked Congress for $1.2 billion in emergency funding in order to continue operations. USCIS also intends to impose a 10 percent surcharge on new immigration applications to repay U.S. taxpayers for this emergency funding.
Spurred by COVID-19 Emergency, IRS Issues Cafeteria Plan Relief
Relief from the strict employee benefit cafeteria plan mid-year election changes rules has finally arrived. In Notice 2020-29, the Internal Revenue Service (IRS) issued guidance providing cafeteria plan participants with additional flexibility to make mid-year election changes as needed due to the COVID-19 pandemic.
Washington Implements New COVID-19 Safety Rules for Farmworker Housing
On May 14, 2020, the Washington State Department of Health, in conjunction with the Washington State Department of Labor and Industries, created new emergency COVID-19-related safety rules that farms must implement if they provide temporary farmworker housing.
New California Bill Seeks to Offer Paid Sick Leave for Behavioral Health Conditions
A new bill has been introduced in the California Assembly that could affect most employers and employees in the state. If passed in its current form, Assembly Bill (AB) 1844 would expand paid sick leave coverage to employees and their family members for behavioral health conditions.
Los Angeles Adopts COVID-19 Right of Recall and Worker Retention Ordinances
On May 4, 2020, Mayor Eric Garcetti signed two new ordinances governing employee right of recall and worker retention in the City of Los Angeles. The ordinances provide certain rights and preferences to various workers whose employment has been affected by the COVID-19 crisis.
California Assembly Bill Would Give Employees More Time to File DLSE Complaints; Could Incentivize More Civil Litigation
Current California Labor Code Section 98.7 provides that any person who believes that he or she has been discharged from employment or otherwise discriminated against in violation of any law under the jurisdiction of the California Division of Labor Standards Enforcement (DLSE) may file a complaint with the DLSE within
DHS Extends Flexibility in I-9 Compliance Rules
On May 14, 2020, the U.S. Department of Homeland Security’s (DHS) Immigration and Customs Enforcement (ICE) agency announced an extension of its prior guidance relaxing the in-person verification requirements of Form I-9 for employers operating remotely due to the COVID-19 pandemic.
Cal/OSHA Issues COVID-19 Related Guidance for Dine-In Restaurants
On May 12, 2020, the California Division of Occupational Safety and Health (DOSH) (better known as Cal/OSHA) issued its COVID-19 Industry Guidance: Dine-In Restaurants, which provides detailed guidance to dine-in restaurants, brewpubs, craft distilleries, breweries, bars, pubs, and wineries that provide sit-down meals on how to support safe and clean
Ohio’s Phased Reopening Continues With Additional Sector Announcements
On May 14, 2020, Governor Mike DeWine announced an order to continue Ohio’s phased reopening of the state’s economy, adding daycare centers, summer camps, gyms, campgrounds, and pools to the list of businesses that may now reopen. Combined with the state’s prior Stay Safe Ohio and Responsible Restart Ohio orders,
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