For the second time in a little more than a month, Connecticut Senator Richard Blumenthal and New Jersey Senator Cory Booker have announced plans to introduce additional federal legislation impacting collegiate student-athletes “in the coming months.”
Articles Discussing Human Resources And Other Workplace Topics.
FP Chart Guides Employers Through Common COVID-19 Return-To-Work Scenarios
Although the Centers for Disease Control and Prevention has published guidelines to help employers navigate the many different return-to-work scenarios presented by COVID-19, it is difficult to understand your obligations and recommended best practices in light of the many scenarios you encounter at your workplace. When can employees safely return to work after a COVID-19 diagnosis? What if they show some symptoms but haven’t been tested? What if they have been exposed to an infected person but show no symptoms? These and many other similar questions are arising daily in workplaces across the country, and there doesn’t seem to be a single place where you can find a roadmap to help you find your way – until now.
DHS Blocked From Enforcing New Public Charge Rule During COVID-19 Pandemic
On July 29, 2020, the U.S. District Court for the Southern District of New York issued an injunction immediately blocking the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from enforcing the Trump administration’s new public charge rule during the COVID-19 pandemic.
Executive Action Takes Aim At Reducing Payroll Taxes And Extending Enhanced Unemployment Payments As COVID-19 Crisis Continues
While Congress continues to work on a legislative deal, President Trump signed Executive Memoranda and Executive Orders that are designed to provide additional stimulus to address the ongoing economic ramifications of the COVID-19 crisis. This article focuses on two employment-related directives from the August 8 actions that directly impact employers: (1) deferral of payroll taxes; and (2) the extension of enhanced unemployment insurance benefits to dislocated workers. What do employers need to know about these developments and what needs to be done as a result?
Plan Defends Valuation of Accounts in Midst of COVID-Related Market Volatility
A 401(k) plan and its administrators are defending the administrator’s decision to require a special valuation of former employees’ account values, given extraordinary market changes due to the COVID-19 pandemic. Under the terms of the plan at issue, when a former employee seeks a distribution of his or her plan
Executive Memorandum Permits Individuals to Defer Certain Payroll Tax Obligations
On August 8, 2020, President Trump issued a memorandum with the stated purpose of providing “further temporary relief … to support working Americans” by enabling the deferral of employee Social Security taxes for specific individuals.
‘Lost Wages Assistance’ Program to Boost Unemployment Insurance Benefits
On August 8, 2020, President Donald Trump issued a memorandum, which establishes a “lost wages assistance program” to help workers affected by the COVID-19 pandemic by dipping into the U.S. Department of Homeland Security’s (DHS) Disaster Relief Fund (DRF).
New DIR Guidance for Safe Reopening
At the end of July, the Department of Industrial Relations (“DIR”) released guidance to assist with the safe reopening of businesses in light of the ongoing COVID-19 pandemic. The guidance covers the following topics:
Employer Obligations to Keep the Workplace and Employees Safe Face Coverings Medical Checks Returning to
What It Means: President Trump’s Executive Order on Deferring Payroll Tax Obligations
On August 8, 2020, President Donald Trump issued the Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster (Executive Order).
Handling Retail Customers Who Refuse to Wear a Mask
Many jurisdictions require individuals to wear face coverings in public spaces, including in retail businesses, because of the COVID-19 pandemic.
COVID-19 Conflicts Lead To Breach Of Contract Claims Against Employers
Though sometimes overlooked given the abundance of federal and state statutory claims, employers must remember that their existing contractual obligations remain in place during the pandemic. As a review of the Fisher Phillips COVID-19 Employment Litigation Tracker demonstrates, employers must take care when imposing unilateral terminations or salary reductions against employees with written employment agreements or they could face a breach of contract lawsuit – even where the actions are a result of the financial exigencies created by COVID-19. Instead, employers should review any written employment agreements and confirm that the proposed action is permitted (or defensible) before doing so. A failure to consider existing contractual obligations could result in a claim for breach of contract.
Uber and Lyft Ordered to Reclassify Their Drivers as Employees
By: Uber and Lyft Ordered to Reclassify Their Drivers as Employees
As we recently reported, the State of California, joined by the cities of San Francisco, San Diego, and Los Angeles, recently filed a lawsuit against Uber and Lyft in San Francisco Superior Court, alleging that they unlawfully persist in classifying
White House Takes Executive Action on Unemployment Insurance, Payroll Taxes
On August 8, 2020, the president signed several executive memoranda and an order addressing the continued economic havoc of the COVID-19 pandemic, two of which are of direct interest to employers.
Payroll Tax Deferral
The SBA Issues Updated PPP Loan Forgiveness FAQs
The Small Business Administration (SBA) recently issued a new set of Frequently Asked Questions (FAQs) related to issues borrowers are facing as they apply for loan forgiveness under the Paycheck Protection Program (PPP). Most notably, the FAQs aid borrowers in […]
Paycheck Protection Program Loan Forgiveness Process Set to Begin August 10
On Monday, August 10, 2020, lenders may begin submitting their Paycheck Protection Program (PPP) loan forgiveness decisions to the Small Business Administration (SBA). In its July 23 Procedural Notice, the SBA laid out instructions for lender submission of PPP loan forgiveness decisions to the SBA and SBA loan forgiveness reviews.
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