On March 27 and 28, the U.S. Department of Labor (DOL) released additional question-and-answer style guidance on the emergency paid sick and family leave provisions of the Families First Coronavirus Response Act (FFCRA), which we first reported here. We look below at seven key issues addressed in the DOL’s updated guidance.

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On March 24 and 25, the U.S. Department of Labor released guidance on the implementation of the Families First Coronavirus Response Act (FFCRA), which we wrote about here when it passed last week.

Among other things, the FFCRA requires covered employers to provide paid sick leave and expanded partially paid family and medical leave to certain employees affected by the coronavirus. The FFCRA’s provisions are summarized in the table below and go into effect on April 1, 2020.

The guidance provides further detail concerning various aspects of the new law, including employers’ notice posting obligations and calculations of: (1) number of employees for purposes of determining covered employer status, and (2) employee rates of pay and hours worked for purposes of calculating leave obligations.
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On Wednesday, New York Governor Andrew Cuomo signed A10153, a bill designed to provide paid sick leave and wage replacement for workers who are affected by the coronavirus pandemic. While the bill provides public assistance for employees affected by the pandemic, it requires certain employers to provide additional paid sick leave to employees impacted by COVID-19. The new law’s provisions took effect immediately once Governor Cuomo signed it on Wednesday.

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As an update to our post on Monday, yesterday the U.S. Senate overwhelmingly passed the Families First Coronavirus Response Act, H.R. 6201, which the U.S. House of Representatives had passed in a bipartisan vote on March 14 (with further changes made by the House by unanimous consent on March 16). President Trump signed the bill shortly after it cleared Congress.  Now that the legislation has been signed into law, its provisions become effective within 15 days.
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Congress is moving quickly to provide relief to employees who are impacted by COVID-19, and the legislation will also have a big impact on most employers. The House of Representatives passed the Families First Coronavirus Response Act, H.R. 6201, in a bipartisan vote on Saturday, and the Senate will consider the bill this week. President Trump has expressed his approval of the emergency legislation and is expected to sign it if and when it clears Congress.
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The spread of the coronavirus COVID-19—recently declared a pandemic by the World Health Organization—has created a myriad of practical and legal issues for employers seeking to prioritize employee health and wellness while continuing to meet business and customer needs.  The situation remains extremely fluid, with new developments and issues emerging by the minute.

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Yesterday, the National Labor Relations Board (NLRB or Board) issued its much anticipated final rule on the joint-employer standard under the National Labor Relations Act (NLRA). Resolving a dispute at the agency that persisted for over four years, the final rule is welcome news for many employers – particularly franchisors and businesses that regularly engage supplemental or contingent workers from third-party agencies – who are less likely to be considered joint employers under the final rule.
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The new decade brings Schiff Hardin’s Labor & Employment Group’s annual legislative update, summarizing new legislation in 2020 under federal law and in Illinois, California, New York, Michigan, and the District of Columbia.

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