Department of Labor Issues Initial Guidance Regarding the Families First Coronavirus Response Act

On March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued initial guidance on the Families First Coronavirus Response Act (FFCRA), which was signed into law on March 18, 2020. (For more information, see our prior Alert on the requirements of FFCRA.) The WHD’s guidance indicates that regulations are also forthcoming in April, but these regulations likely will not be issued before FFCRA takes effect.

To read the full text of this Duane Morris Alert, please visit the firm website.

Will Cannabis Workers Be Eligible for Coronavirus Unemployment Benefits?

[…] With so many out of work and many more likely joining them in the coming weeks, Americans are looking to Washington D.C. to provide a lifeline. One bill, the Families First Coronavirus Response Act (FFCRA), has already been signed into law by President Trump. This provides $1 billion in additional funds for states to direct toward bolstering their unemployment insurance programs.

Lawmakers on Capitol Hill have been working to pass additional relief legislation—but when it comes to the federal government and the cannabis industry, the relationship is not usually cozy. Will those relief funds find their way to cannabis workers who are out of work due to the coronavirus pandemic?

“Given that marijuana remains an unlawful substance under Schedule I of the Controlled Substances Act, there has been concern that the relief under the FFCRA would not be available to cannabis businesses and, therefore, would not be available to support cannabis workers,” Linda Hollinshead, an attorney and Partner at Duane Morris LLP told mg.

[…]

“The law provides that any administrative grants transferred to the account of a state may be used ‘by such State only for the administration of its unemployment compensation law,’ suggesting that the money is being provided to support a state’s program, and that the federal government will not dictate how it is spent or what industries will be recipients of those grants,” Hollinshead said. “As a result, it does not appear that the additional availability of these federal funds under the FFCRA jeopardizes an individual’s ability to have access to state unemployment benefits.”

[…]

To read the full article, visit the mg Magazine website.

Leadership, COVID-19 and Ms. Kennedy

“Don’t be afraid.”

The leader who says this to an employee either is very much afraid or lacks even a scintilla of empathy. In either case, the statement (or response) is so bad.

First, it is remarkably disrespectful. Don’t tell people how to feel!

Second, if employees listen to you, they may become ill (or worse). Fear is healthy now—it may keep us and those we care about safe as we social distance.

Third, the comment undermines whatever credibility the leader may have. I cannot think of a worse time to project dangerous bravado.

To read the full text of this post by Duane Morris partner Jonathan Segal, please visit The SHRMBlog.

New York’s New Job Protected Paid Leave Law – When Does It Apply and How Does It Tie Together with the Federal Families First Coronavirus Response Act?

On March 18, 2020, Governor Andrew Cuomo signed into law Senate Bill 8091 (the Act), which guarantees certain leave, benefits and job protections to employees affected by COVID-19, effective immediately. The law affects employment laws regarding sick leave; disability benefits and paid family leave; and job protections.

To read the full text of this Duane Morris Alert summarizing and explaining the changes to the law, please visit the  firm website.

DMi Webinar: Business Triage: Reductions in Force, Furloughs and Other Measures to Maintain Business Viability

Duane Morris attorneys Jonathan Wetchler and Eric Ruden will be the speakers at a Duane Morris Institute webinar, “Business Triage: Reductions in Force, Furloughs and Other Measures to Maintain Business Viability,” to be held on March 26, 2020, at 11:00 a.m.

his program will provide you with a working knowledge of:

• Potential approaches for managing workforce levels and costs
– Furloughs and recalls
– Compensation reductions
– Preparing for and implementing RIFs
– Employee communications
• Analyzing obligations under WARN and state/local mini-WARN laws
• Severance plan design strategies
• Unemployment compensation
• Key elements for separation agreements

To register, please visit the Duane Morris Institute website.

How Business Leaders Can Help Fight COVID-19

With 185 confirmed cases of COVID-19 in 22 counties in Pennsylvania, state Health Department Secretary Dr. Rachel Levine, is calling on business leaders to do their part to help stem the progress of the virus, including shutting down. […]

Jonathan Segal, an attorney with Duane Morris LLP, said there are numerous factors that a company must consider when dealing with the various COVID-19 preventative measures, and reminded business leaders to remember they are dealing with human beings.

His first recommendation is for companies to have a rapid response team to handle any coronavirus concerns. The team should be made up of a diverse group of leaders within a company – ideally with representation from human resources and someone with a health care background – to focus on ways to handle any cases of exposure, or possible exposure within the workplace.

To read the full text of this article, please visit the Lehigh Valley Business website.

Families First Coronavirus Response Act Expands Paid FMLA and Paid Sick Leave to Help Workers Affected by COVID-19 Pandemic

On March 18, 2020, Congress passed and President Trump signed the Families First Coronavirus Response Act, which includes the Emergency Family and Medical Leave Expansion Act and the Emergency Paid Sick Leave Act. The new law provides dramatic new federal benefits to employees affected by the COVID-19 pandemic and becomes effective no later than April 2, 2020.

To read the full text of this Duane Morris Alert, please visit the firm website.

WFH USA. It’s the End of the (Work) World As We Know It

Shelter-in-place. Social distancing. Elbow bumping instead of handshakes.

No more shared boxes of pizza. Massive stockpiling. Obsessive washing of hands.

The new habits and lexicon of the American workforce reflect the vocabulary of the COVID-19 coronavirus that was first identified in Wuhan, China, in December and has spread globally, striking home in all 50 states and ushering in new habits and social awareness — along with fear and anxiety. […]

‘Seismic’ changes ahead

Welcome to Remote America, a world in the making that is constantly in flux, with widespread flex-time and WFH adoption, unexpected tech challenges for benefits professionals, greater emphasis on mental health benefits and attention from HR on a myriad of new issues. […]

Michael Gradisek, the head of the benefits group at Philadelphia-based Duane Morris, said his employer clients have been asking mostly about the legal differences between layoffs and furlough, COBRA healthcare plans and compensation issues.

“Furlough is a term of art that is a temporary layoff, where we can keep staff on health, mental and vision, but those benefits depend on the insurance contract,” which is typically classified as unpaid leave, he says.

Benefits coverage is “case-by-case by each company and each contract. No good deed goes unpunished. What happens if we keep you on the plan, and someone ends up on a ventilator for two months? Those are the questions insurance carriers will be asking. That’s their job,” he noted from his home office, where he’s been in self-isolation since returning on Friday from a business trip from London.

Gradisek noted that in Europe, many of the bars and restaurants were open, and the crisis didn’t hit home for many Europeans until owners canceled the Premier League soccer games, similar to the NBA, NHL and preseason baseball shutdowns in the U.S. “My company said, ‘Glad you made it back. Don’t come in for two weeks,’ ” he says.

Their benefits practice has been “crazy busy and going berserk with calls” during the crisis, he says.

“Employers are starting to hoard cash, which is a smart thing. Can we voluntarily not make payments for executive comp plans and large payments? These are the questions we’re getting,” he says. “Some CEOs don’t want to take bonus money and put the company in a cash-strapped position.”

He noted various questions about delayed comp plans, and cited IRS code 409A, which does not allow for voluntary deferrals. “The IRS wants executives to take the money and pay the tax,” he says, noting that there are exemptions only if not deferring payments or paying bonuses may “jeopardize the solvency of the service recipient” or the company as a going concern.

“Is a million bucks going to stop the company from being a going concern? Employers are talking about it in reviews and discretionary bonuses. Those are all based on company and market conditions,” he says, noting one client that was weighing layoffs and reduction of certain staff salaries by 30%. […]

To read the full article, visit the Employee Benefit News website.

Employers Can Make Tax-Free Payments to Employees Under IRS Section 139 During COVID-19 Pandemic

On March 13, 2020, COVID-19 was designated a disaster under the Robert T. Stafford Disaster Relief and Emergency Assistance Act. As a result, employers are permitted to make tax-free reimbursements and payments to employees under Internal Revenue Code Section 139. This Alert will outline the rules governing these reimbursements and considerations that employers must take into account when implementing such a program.

To read the full text of this Duane Morris Alert, please visit the firm website.

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The opinions expressed on this blog are those of the author and are not to be construed as legal advice.

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