Attorney Blog
Interpretation of the DOL’s FFRCA and IRS Regulations: What Documentation is Required?
April 3, 2020 The DOL issued more regulations on April 1 providing additional interpretation of the FFRCA. One of the issues addressed was the notification employers can require for an employee requesting leave under either the additional paid sick leave or the expanded FMLA provisions. For both forms of leave, an employer may require employees …
Paycheck Protection Program (PPP) Summary
April 2, 2020 With many businesses struggling during the COVID19 pandemic, we wanted to highlight one of the major components of the CARES Act that was recently passed by the federal government; namely, the Paycheck Protection Program. This program is found in Title I – Keeping American Workers Paid and Employed Act, and it is …
COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
Issued by the IRS March 31, 2020 An Eligible Employer will substantiate eligibility for the sick leave or family leave credits if the employer receives a written request for such leave from the employee in which the employee provides: 1. The employee’s name; 2. The date or dates for which leave is requested; 3. A …
Guidance from DOL to Interpret FFCRA: Intermittent Leave
March 31, 2020 This is the second installment of reporting on the DOL’s Questions and Answers interpreting the FFCRA, which we are addressing in increments. The question for today is whether the FFCRA allows for intermittent leave time. As a preliminary matter, paid sick leave for qualifying reasons related to COVID-19 must be taken in …
Guidance from DOL to Interpret FFCRA: Small Business Exemption
March 30, 2020 The DOL has issued guidance in the format of questions and answers regarding several provisions of the FFCRA. We are going to talk about these in increments. The first issue is when the small business exemption applies to exclude a small business from the provisions of the Emergency Paid Sick Leave Act …
Telecommuting – A Necessary Option But Be Aware of Certain Legal Issues
March 27, 2020 There is no question that telecommuting has become a necessary, and in many cases, the only option for employers to keep their workforce going. In doing so, I want to remind employers of some legal considerations. The Practicalities Ordinarily, I would first raise some practical considerations, such as whether the nature of …
Maine DOL Issues Draft Rules for Earned Paid Leave Law, Effective 1/1/21 and Seeks Comment
March 25, 2020 Remember when we all thought the paid sick leave law that passed the State Legislature in September and doesn’t become effective until 1/1/21 was something to worry about? Even though those worries have been subsumed by everything else going on, the legislation is still chugging along. Today, the DOL issued its rules …
DOL Releases Families First Coronavirus Response Act Posting
March 26, 2020 Late yesterday, the DOL released the explanatory notice that was referred to in the Families First Coronavirus Response Act (FFCRA). The notice is mandatory and must be posted by all covered employers immediately. The notice can be found here: https://www.dol.gov/agencies/whd/posters The following is some additional information provided by the DOL. The Notice …
DOL Guidance on Expanded FMLA for COVID-19
March 25, 2020 The DOL has issued a Question and Answer guidance to assist in interpreting the amended FMLA, called the Families First Coronavirus Response Act. Here are some points: The DOL says the effective date is April 1, 2020 – please note this is different than most people assumed, which was April 2. The …
Covid-19 Legislation
March 24, 2020 Over the past days, federal and state legislatures have enacted new laws in an effort to help employees and businesses during the coronavirus, or COVID-19, pandemic. Because the information surrounding the governmental response to the pandemic has been constantly changing and updated, many employees and employers have been left wondering: “How does …