Employment Law

New York COVID-19 Developments: NYS DOL Encourages Workers to File a Complaint Online

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The New York State Department of Labor (“NYS DOL”) has launched a new webpage dedicated to alerting workers regarding COVID-19 related employment protections and allowing  them to submit  a complaint online by simply clicking the “File a Complaint” link. The new webpage encourages workers to file a complaint with the NYS DOL if their employers violate any provisions of the state’s new law providing sick leave, paid family leave and disability benefits to employees impacted by mandatory or precautionary orders of quarantine or isolation due to COVID-19, including any violations of Governor Cuomo’s recent Executive Order mandating all non-essential workers to stay home. These violations include being forced to perform work at an employer’s worksite if the employer is a non-essential business or being threatened if an employee does not work at a place other than the employee’s home. It should be noted that the NYS DOL appears to be creating the right to file a complaint on a number of issues that are not explicitly addressed within the legislation or guidance regarding the legislation and it remains to be seen whether the NYS DOL has authority to pursue alleged violations of the legislation for the reasons described below. READ MORE →

COVID-19 UK: Employment – Coronavirus Job Retention Scheme: further clarification – Update

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Following our update last week around the guidance from the UK Government on the announced Coronavirus Job Retention Scheme, further clarification on some (but not all) of the grey areas has now been provided. We have set out below some of the main points of clarification. READ MORE →

COVID-19 Update: Germany to Give Working Parents State-Funded Compensation Claim During Closure of Childcare and Schools

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Deutsch: COVID-19-Krise: FAQ zum neuen Entschädigungsanspruch für berufstätige Eltern nach § 56 Abs. 1a IfSchG

For working parents who are unable to fulfil their working duties due to the closure of kindergarten, day care centre and/or school as a result of the pandemic, the German parliament has passed a new law in a fast-track procedure. The essential aspect under this legislative change is that under certain conditions, affected parents are granted a state-funded compensation claim under the German Infection Protection Act (Infektionsschutzgesetz – IfSchG), which is legally distinct from the contractual remuneration claim. READ MORE →

FFCRA Guidance from the IRS: How To Secure Tax Credits for COVID-19 Leave Payments

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On March 31, 2020, the IRS issued “COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs” to help small and midsize employers navigate the tax relief available under the Families First Coronavirus Response Act (“FFCRA”). READ MORE →

COVID-19 Update: Maryland and Virginia Institute Stay-at-Home Orders

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As of March 30, 2020, Maryland and Virginia became the latest states to issue stay-at-home orders to combat the spread of Coronavirus (COVID-19). The directive to keep people at home began just two weeks ago in California and has now been adopted by more than half the states. READ MORE →

New York State Department of Labor Releases Guidance and FAQs for Compliance with Newly-Enacted COVID-19 Leave Law

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The New York State Department of Labor (“NYSDOL”) has issued guidance (the “Guidance”) and answers to frequently asked questions (“FAQs”) relating to various aspects of the newly-enacted legislation providing emergency sick leave, expanded New York Paid Family Leave (“NYPFL”) and expanded short-term disability benefits to certain employees unable to work because of COVID-19. Our previous analysis of this legislation (the “Act”) and what it means for employers can be found here: https://blogs.orrick.com/employment/2020/03/. READ MORE →

COVID-19 Update: Department of Labor Issues Further FFCRA Guidance

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On Thursday March 26, the Department of Labor issued additional guidance about the Families First Coronavirus Response Act (“FFCRA”). The new guidance addresses a variety of topics including how the FFCRA applies to remote working, intermittent leave, worksite closures, reduction of hours and furloughs.

This week, the DOL also issued a fact sheet for employees and a fact sheet for employers. The required poster can be found here as well as FAQs about notice requirements. The DOL plans to implement formal FFCRA regulations in April.

Stay tuned for updates and check out our FFCRA FAQs here.

CARES Act: What Do Employers Need to Know?

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On Friday afternoon, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”). The Act addresses the coronavirus pandemic by directing funds to address the strains on the health care system as well as alleviate the intense economic stress facing the country’s employers and workers. The President has stated that he will sign the bill immediately. This post focuses on those provisions that may impact employers. Below are answers to some questions that we expect employers will have about the CARES Act.

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Families First Coronavirus Response Act: What Employers Need to Know

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On March 18, President Trump signed the Families First Coronavirus Response Act (FFCRA) into law. The FFCRA is effective April 1, 2020. The Department of Labor also issued guidance and detailed FAQs, addressing various hypotheticals.

Below are answers to some frequently asked questions about provisions of the FFCRA that are of particular importance to employers: the emergency expansion of the Family and Medical Leave Act (FMLA) and emergency paid sick leave. READ MORE →

UK Coronavirus Job Retention Scheme – The Details Have Landed

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One day after the Coronavirus Act was passed (which brought in the new SSP rules), we have finally received guidance from the Government on the announced Coronavirus Job Retention Scheme and how it will work. There is no reference in the guidance to legislation and it is not clear whether there will be any, or whether HMRC will simply rely on this guidance. However, a lot of the questions we have all been asking for the last week have been answered. READ MORE →