On August 3, 2020, the US District Court, Southern District Court of New York, issued its opinion in State of New York v. U.S. Department of Labor, et al. striking down four material components of the US Department of Labor’s (“DOL”) regulations implementing the Families First Coronavirus Response Act (“FFCRA”). …
Labor & Employment
Reopening the Household Following COVID-19
The COVID-19 pandemic has interrupted households and working families everywhere. As states begin to reopen, employers across the country are constructing return to the workplace plans that incorporate changes to physical and behavior protocols within their buildings and office space. As employees look to reenter the workplace, many working parents…
IRS Announces Additional Guidance for Coronavirus-Related Distributions and Loans
On June 19, 2020, the IRS released Notice 2020-50, which provides additional guidance and relief for retirement plan participants taking coronavirus-related distributions and loans under the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”). Under the CARES Act, “qualified individuals” may take coronavirus-related distributions of up to $100,000…
Kathleen M. Connelly Featured in ROI-NJ Article Titled ‘Panel: 1st Day Back in Office Should be about Education, Not Production’
Lindabury partner Kathleen M. Connelly of the firm’s Employment Law group discussed with ROI-NJ the question her clients have been asking most in regard to office reopenings, which is how to deal with employees who are reluctant to return to work due to a generalized fear of COVID contraction. While…
The Paycheck Protection Program Flexibility Act Makes Critical Changes to the Paycheck Protection Program
On June 5, 2020, the Paycheck Protection Program Flexibility Act of 2020 (“PPPFA”) was signed into law. The PPPFA is aimed at providing borrowers with additional flexibility to maximize forgiveness of loans received under the Paycheck Protection Program (“PPP”) established as part of the CARES Act. The following provisions of…
Employers Covered by the FFCRA Must Post the DOL’s Employee Rights Poster in the Workplace and Should Issue a Copy of the Poster to Employees
In response to the COVID-19 public health emergency, Congress passed the Families First Coronavirus Response Act (the “FFCRA”) requiring employers with 500 or less employees to provide paid sick leave and paid family leave to qualified employees affected by the pandemic. These benefits are in addition to any other earned…
The DOL Issues New Rule Regarding Electronic Disclosure Safe Harbor for Retirement Plans
On May 21, 2020, the U.S. Department of Labor (“DOL”) announced a final rule allowing employers to post retirement plan disclosures online or furnish them to workers via email. The rule is aimed at reducing administrative expenses for employers and making information more readily available to workers. ERISA-covered retirement plans…
Get Back to Work! Guidance for Reopening the Workplace after Stay at Home Orders are Lifted
I. When Can America Go Back To Work? As employers and employees increasingly chafe at the bit to return to the workplace, businesses must look to state and local stay-at-home directives to determine when they can reopen. It is anticipated that this will occur in phases and will likely depend…
The DOL Releases Updated Model COBRA Notices To Address Medicare Eligibility and Expands COBRA Deadlines
The Department of Labor (“DOL”) and other federal agencies released updated model COBRA notices and expanded COBRA deadlines in an effort to reduce the risk of participants and beneficiaries losing benefits during the COVID-19 pandemic. Updated Model COBRA Notices Under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), an individual who…
Second Chance at Paycheck Protection Program Loan: An Overview of Program Application and Loan Forgiveness Requirements
The Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), signed into law on Friday March 27, 2020, introduced the Paycheck Protection Program (the “PPP”) with the intended goal of preventing job loss and small businesses failure due to losses caused by the COVID-19 pandemic. The PPP was designed to…