Tag Archives: U.S. Department of Labor

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On June 4, 2020, the U.S. Department of Labor (DOL) rescinded deadline extensions it had instituted on March 20 to help employers meet PERM requirements during the pandemic.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.

Department of Labor Issues Regulations to Help Implement the Families First Coronavirus Response Act

On April 1, 2020, the U.S. Department of Labor (DOL) issued regulations in the form of a temporary rule to clarify and implement the Families First Coronavirus Response Act (FFCRA). Our previous Alert summarized the initial legislation, which was passed on March 18, 2020.

The regulations will remain in effect through the FFCRA’s expiration on December 31, 2020, and will assist employers in complying with the FFCRA’s Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA).

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

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.