Webinar Replay: State of the Workplace in 2021: Reopening in a Partially Vaccinated Environment and the New Administration

Video replays of the webinar, “State of the Workplace in 2021: Reopening in a Partially Vaccinated Environment and the New Administration,” are available.

Reopening the Workplace

The Biden Administration

Benefits Update

Immigration Update

Department of Labor Publishes Model Notices for American Rescue Plan Act’s COBRA Subsidy

The American Rescue Plan Act of 2021 (ARP) provides for a temporary 100 percent COBRA subsidy for eligible individuals whose qualifying event was an involuntary termination of employment or reduction in hours. On April 7, 2021, the Department of Labor issued the model forms that will be used to notify individuals of the COBRA subsidy and provide information about their rights under the ARP.

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

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.

Department of Labor’s Temporary Rule Revises FFCRA Regulations in Response to Federal Court Decision

On September 11, 2020, the United States Department of Labor (DOL) issued revised regulations for the Families First Coronavirus Response Act (FFCRA) after a New York federal district court decision struck down parts of the DOL’s prior final rule interpreting and implementing the FFCRA. The revised regulations became effective on September 16, 2020, and expire along with the FFCRA on December 31, 2020.

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

DOL Rescinds Extensions to Meet PERM Deadlines During the COVID-19 Pandemic

On June 4, 2020, the U.S. Department of Labor (DOL) rescinded deadline extensions it had instituted on March 20 to help employers meet PERM requirements during the pandemic. Unfortunately, employers sponsoring foreign national employees for PERM labor certification-based green cards will for now receive no further accommodations from the DOL during the COVID-19 pandemic.

To read the full text of this post by Duane Morris attorney Susanne Heubel, please visit the Duane Morris Immigration Law Blog.

Final Rule on Overtime Compensation Changes ‘Fluctuating Workweek’ Calculations for Employers

On May 20, 2020, the U.S. Department of Labor unveiled a final rule that updates the “fluctuating workweek” method of calculating overtime compensation under the Fair Labor Standards Act. The final rule allows employers to include incentive-based payments such as bonuses, premium payments and other additional pay of any kind. The DOL believes this rule will allow employers and employees to better utilize flexible work schedules, especially as workers return to work following the COVID-19 pandemic.

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

Recent USCIS, DHS, DOS and DOL Changes in Response to COVID-19

As the COVID-19 pandemic drags on, several governmental entities have recently made further updates to their policies and operations. Last week, USCIS announced that for certain types of requests for evidence and notices (such as Notices of Intent to Deny or Revoke) as well as appeals issued between March 1 and July 1, 2020, inclusive, USCIS will consider responses received within 60 calendar days after the response due date set in the request or notice before taking any action. In regard to the I-9 process, the Department of Homeland Security announced that, beginning May 1, 2020, Form I-9 List B identity documents set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.

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

New Benefits Regulation in Response to COVID-19 Extends Timelines, Including Those Applicable to COBRA

On April 29, 2020, the Employee Benefits Security Administration, Department of Labor, Internal Revenue Service and Department of the Treasury together issued a joint final regulation extending certain time frames under the Employee Retirement Income Security Act and the Internal Revenue Code for group health plans, disability and other welfare plans, pension plans, and benefits and beneficiaries of these plans during the COVID-19 national emergency.

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.

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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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