The United States Department of Labor’s (DOL) Wage and Hour Division (WHD) Has Revised FFCRA Regulations • On September 11, 2020, the US Department of Labor’s WHD announced revisions to the regulations that implement the paid sick leave and expanded family and medical leave provisions of the FFCRA• This revised rule was issued in light of the US District Court for the Southern District of New York’s August 3, 2020, decision that invalidated portions of the relevant [...]

The U.S. Equal Employment Opportunity Commission (“EEOC”) has issued an update to its technical guidance: “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” The technical guidance incorporates the EEOC’s prior guidance on the ADA and other anti-discrimination laws into one question and answer document. In addition, the updated guidance clarifies the following:• COVID-19 and Employee Testing (Question A.6): The ADA [...]

On August 24, 2020, the Small Business Administration (the “SBA”) issued an Interim Final Rule on the Treatment of Owners and Forgiveness of Certain Nonpayroll Costs. Here is an overview of what the Interim Final Rule covers: Treatment of Owners:  An owner-employee in a C- or S-Corporation with less than a 5 percent ownership stake will not be subject to the owner-employee compensation rule Eligibility of Certain Nonpayroll Costs for Loan Forgiveness: The [...]

The Department of Labor (DOL) has updated its guidance on requests for leave under the Families First Coronavirus Response Act (FFCRA) due to school closure for COVID-19 related reasons. The updated guidance clarifies when an employee may be entitled to leave in the context of remote and hybrid learning (Questions 98-100): • If an employee’s child is required to engage in hybrid learning (in-person attendance at school on some days and remote learning from home on others), the [...]

• On April 3, 2020 Governor Cuomo signed a bill, which includes an amendment to the Labor Law that requires New York employers to provide sick leave to all employees • This new law becomes effective September 30, 2020• Amount of Sick Leave: Every New York employer will be required to provide its employees with sick leave as follows, based on number of employees:o Four or fewer employees:  up to 40 hours of unpaid sick leave each year; or  40 hours of paid sick leave [...]