USDOL Amends Temporary Regulations; Healthcare Employers Who Have Excluded Employees from COVID-related Leave Benefits under FFCRA Must Reconsider

The United States Department of Labor’s (DOL) initial temporary regulations that interpreted and implemented the Families First Coronavirus Response Act (FFCRA) permitted employers to elect to exclude healthcare provider employees from eligibility for the COVID-related leave benefits made available under FFCRA. The initial DOL regulations provided a broad definition of healthcare provider, allowing most employees working for a healthcare provider employer to be excluded from FFCRA leave benefits, including Paid Sick Leave (PSL) and Extended Family and Medical Leave (EFMLA). After a federal district court decision struck down parts of the DOL’s prior final rule, the DOL now has issued revised regulations, which became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

To read the full text of this post by Duane Morris attorneys Jennifer Long and Nicholas J. Lynn, please visit the Duane Morris Health Law Blog.

Philadelphia to Expand Emergency Sick Leave Benefits to More Workers

On September 10, 2020, the Philadelphia City Council voted 16-1 in favor of a bill that expands paid sick leave benefits to Philadelphia workers who are not covered by federal sick leave laws, such as the Families First Coronavirus Response Act (FFCRA). The bill will broaden the scope of Philadelphia’s Promoting Healthy Families and Workplaces sick leave law by providing paid “public health emergency leave” to more people who work within the geographic boundaries of the city, including individuals workings for companies with 500 or more employees, independent contractors and “gig economy” workers. Mayor Jim Kenney’s administration has indicated he supports the bill, and thus we expect he will sign it.

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

California’s Large Employers Are on the Hook for Supplemental Paid Sick Leave

Employers with workers in California, take note. A new supplemental paid sick leave law related to COVID-19 takes effect this month. On September 9, 2020, California Governor Gavin Newsom signed AB 1867 (now known as Labor Code section 248 and 248.1) into law. Beginning September 19, 2020, all employers with more than 500 employees or who are otherwise exempt from the requirement to provide paid leave under the Families First Coronavirus Recovery Act (FFCRA) are now required to provide up to 80 hours of supplemental paid sick leave to employees for COVID-related reasons.

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

San Francisco’s COVID-19 Paid Sick Leave Ordinance Takes Effect

In our April 9, 2020, Alert, we analyzed the San Francisco Public Health Emergency Leave ordinance (PHELO), approved unanimously by the San Francisco Board of Supervisors on April 7, which requires private employers with 500 or more employees to provide up to 80 hours of supplemental paid sick leave consistent with the federal Families First Coronavirus Response Act (FFCRA).

On April 17, 2020, Mayor Breed signed an amended version of the PHELO. In addition, the San Francisco Office of Labor Standards Enforcement (OLSE) published a workplace poster, detailed guidance for employers in the form of FAQs (updated April 24, 2020) and a complaint form to be used by employees to address violations of the PHELO. The PHELO became effective on April 17, 2020, and will expire on June 17, 2020, or upon the termination of the COVID-19 public health emergency, whichever occurs first.

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

California Order Provides COVID-19 Supplemental Paid Sick Leave for Essential Food Workers and Tightens Sanitation Standards

On April 16, 2020, California Governor Gavin Newsom signed Executive Order N-51-20, which requires companies with 500 or more employees to provide supplemental paid sick leave benefits to food service industry workers. The order covers workers on farms, grocery stores, restaurants and food delivery services who have continued to work on-site during the COVID-19 pandemic. Notably, the order applies to employees and companies who are not covered by the federal Families First Coronavirus Response Act (FFCRA). The order is effective immediately.

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

New Jersey Expands Paid Leave Relief Available to Employees in the Wake of COVID-19 Pandemic

Governor Phil Murphy signed into law Senate Bill 2304 (S2304), expanding leave rights and benefits available to workers under New Jersey’s Earned Sick Leave Law, Family Leave Act, Temporary Disability Benefits Law and Family Leave Insurance Program for absences attributed to COVID-19. This law took effect immediately as of March 25, 2020.

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

Navigating California’s Local Paid Sick Leave Ordinances in Light of COVID-19

Several cities in California have swiftly enacted emergency ordinances requiring private employers to provide public health emergency leave consistent with the federal Families First Coronavirus Response Act (FFCRA). The ordinances follow state and local proclamations of a public emergency and the increasingly robust shelter-in-place orders affecting businesses and individuals in response to the spread of the novel coronavirus COVID-19. We analyzed the San Francisco Public Health Emergency Leave ordinance and the FFCRA in recent Alerts. This Alert identifies developments in other California cities like San Jose, Los Angeles and Emeryville, as well as permissible uses of paid sick leave under the existing laws in Oakland, San Diego and Santa Monica for work absences that are related to COVID-19.

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

COVID-19 Employer Update: Implementing the FFCRA – What Employers Need to Know

This webinar, featuring Duane Morris partners Christopher Durham, Linda Hollinshead and Kathleen O’Malley, will be held on April 21, 2020, at 2:00 p.m. Eastern time.

In the midst of significant operational challenges stemming from the COVID-19 pandemic, employers are now managing employee requests for emergency sick and extended family leave under the Families First Coronavirus Response Act (“FFCRA”). Navigating the requirements of the FFCRA has been made more complex by the fact that the U.S. Department of Labor issued its Q&A Guidance in piecemeal fashion and the temporary rule implementing the FFCRA was issued April 1, 2020, the day the law went into effect. Employers have had little time to prepare for and contemplate their responsibilities under this new law and now must quickly get up to speed.

For more information or to register, please visit the Duane Morris Institute website.

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.