As featured in #WorkforceWednesday: California provides a detailed COVID-19 employer playbook, and a federal judge vacated parts of the Department of Labor’s Families First Coronavirus Response Act rule.
DOL Provides Guidance for Private Equity Investments in 401(k) Plans
Employers that are fiduciaries of participant-directed individual account plans (such as 401(k) plans) subject to the Employee Retirement Income Security Act of 1974, as amended (‘Plans” and “ERISA”, respectively) should be pleased with the position taken by the Department of Labor (“DOL”) in an information letter dated June 3, 2020 (the “Letter”) addressing the use
The U.S. Department of Labor Issues New Guidance on Leave and Wage & Hour Issues Confronting Employers as They Reopen for Business
On July 20, 2020, the Wage and Hour Division (“WHD”) of the U.S. Department of Labor (“DOL”) published new guidance for businesses reopening amid the COVID-19 pandemic. The guidance is in the form of additions to the WHD’s existing Frequently Asked Questions (“FAQs” or “Guidance”) and addresses issues arising under two leave laws—the Family and
New COBRA Notices & Extended Deadlines May Create Traps for the Unwary: Benefits Guidance in the Time of COVID-19
The economic downturn caused by COVID-19 pandemic has resulted in an unprecedented number of layoffs, furloughs, and reduced hours. Under the Consolidated Omnibus Budget Reconciliation Act (“COBRA”), when employment is terminated or hours are reduced and there is a loss of coverage, employers (generally those with 20 or more employees) must provide notices to
The U.S. DOL Issues COVID-19 Related WARN Act FAQs
The COVID-19 pandemic and the efforts to limit its spread caused a sudden and dramatic shutdown of large sections of the U.S. economy. Governmental shelter in place orders requiring non-essential businesses to temporarily close forced untold numbers of businesses to furlough or terminate most, and in many cases all, of their employees with little or
U.S. DOL Provides Guidance on Expanded Unemployment Compensation Benefits Under CARES: UIPL 15-20, 16-20, and 17-20
The U.S. Department of Labor (DOL) recently published three Unemployment Insurance Program Letters (UIPLs) offering guidance on the administration of separate sections of the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act,” that provide for expanded unemployment insurance benefits. While the UIPLs are directed to state agencies, the UIPLs contain helpful information
New York Attorney General Files Suit Against U.S. DOL, Alleging Rule Violates Text and Purpose of FFCRA
On April 14, 2020, exactly two weeks after the Families First Coronavirus Response Act (“FFCRA” or “Act”), went into effect and the U.S. Department of Labor (“DOL”) issued a temporary rule (“Rule”) interpreting the paid sick leave and emergency family and medical leave provisions of the Act, the Attorney General for the State of New
Dept. of Labor Updates FFCRA Questions and Answers – Intermittent Leave, Furlough, and Length of Leave
The U.S. Department of Labor (“DOL”) continues to update its compliance assistance for the Families First Coronavirus Response Act (“FFCRA”), in the form of “Questions and Answers.” The DOL posted a temporary rule issuing regulations pursuant to the FFCRA on April 1, 2020; while we are digesting the temporary rule and preparing a
U.S. DOL Announces Proposed New Rule on Tip Credits and Pooling
Rules relating to tip credit and pooling have resulted in significant debate among legislators, regulators, and the courts, leading to confusion, further litigation, and, in many cases, substantial liability or settlements involving employers that operate in the hospitality industry. Today, the U.S. Department of Labor (“DOL”) published proposed rulemaking that aims to bring greater clarity
DOL Proposes New Rule to Determine Joint Employer Status Under the FLSA
In the first meaningful revision of its joint employer regulations in over 60 years, on Monday, April 1, 2019 the Department of Labor (“DOL”) proposed a new rule establishing a four-part test to determine whether a person or company will be deemed to be the joint employer of persons employed by another employer. Joint employer