Employment & Labor


U.S. DOL Issues New Guidance on the Families First Coronavirus Response Act
March 31, 2020 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Tamika Hardy | Keegan B. Sapp | Employment & Labor
The Families First Coronavirus Response Act (FFCRA) will take effect on April 1, 2020, and will require all private employers with 499 or fewer employees to provide paid sick leave and emergency family leave to qualified employees. The FFCRA will apply to a broader set of individuals than New York’s paid sick leave law passed …
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U.S. Dept. of Labor Provides Additional Guidance For Employers
March 27, 2020 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Tamika Hardy | Keegan B. Sapp | Employment & Labor
As we have previously reported, on March 18, 2020 President Donald J. Trump signed the Families First Coronavirus Response Act (FFCRA). The FFCRA provides for two leave requirements arising in different portions of the Act: The right to Public Health Emergency Leave, which amends the existing statutory text of the Family and Medical Leave Act …
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U.S. Department of Homeland Security Relaxes I-9 Requirements
March 20, 2020 | Henry M. Mascia | Immigration | Employment & Labor
In response to the current public health crisis, the United States Department of Homeland Security (DHS) announced today that it will allow certain employers to defer the physical presence requirements associated with Employment Eligibility Verification (Form I-9). Under ordinary circumstances, employers must physically inspect the documents produced by employees to establish their identity and authorization …
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COVID-19 Update: New York State on Pause
| Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Tamika Hardy | Keegan B. Sapp | Employment & Labor
Governor Cuomo issued Executive Order 202.8 directing all non-essential businesses statewide to reduce in-office staff by 100% until further notice.  This includes bars and restaurants that have been directed to close its’ doors and operate on a limited take-out only basis. The closures and 100% reduction of in-office staff is part of Governor Cuomo’s 10-point …
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COVID-19 Update: Federal Relief Bill
March 19, 2020 | Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Tamika Hardy | Keegan B. Sapp | Employment & Labor
President Trump on March 18, 2020, signed the Families First Coronavirus Response Act (COVID-19 Bill) to provide emergency relief to businesses and employees in response to the coronavirus pandemic. The COVID-19 Bill will become effective no later than 15 days from March 18, 2020 (or on April 2, 2020). Businesses with fewer than 500 employees …
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Coronavirus Update: New York State Passes COVID-19 Laws
| Kenneth A. Novikoff | Brian S. Conneely | John K. Diviney | Tamika Hardy | Keegan B. Sapp | Employment & Labor
In response to the growing concerns over the coronavirus, (COVID-19) Governor Cuomo issued a temporary mandatory work-force reduction plan (Executive Order) and signed a COVID-19 relief bill (COVID-19 Bill). COVID-19 Executive Order The Executive Order mandates that all non-essential businesses implement work from home policies and reduce in-office staff by 50%. In fact, as we …
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Employers Must Consider Immigration Compliance When Responding to COVID-19
March 17, 2020 | Immigration | Employment & Labor | Corporate
The spread of coronavirus (COVID-19) has presented unprecedented challenges for employers who hire foreign nationals. Employers must take special care to ensure compliance with immigration laws during this crisis.  Here a few of the most common scenarios, with recommendations on how to address them. Working Remotely Now that social distancing has become the norm, many …
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Employee Benefit Plan Review – From the Courts
March 6, 2020 | Insurance Coverage | Employment & Labor
Ninth Circuit Affirms Decision Rejecting Suit Seeking Early Retirement Benefits The U.S. Court of Appeals for the Ninth Circuit has affirmed a district court’s decision rejecting a plaintiff’s lawsuit seeking to overturn determinations by administrators of two retirement trusts governed by the Employee Retirement Income Security Act of 1974 (“ERISA”) denying his claims for early …
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Possible Pandemic, Coronavirus Poised to Pose Risks to U.S. Companies
February 26, 2020 | Paul V. Majkowski | Employment & Labor | Directors & Officers Liability | Compliance, Investigations & White Collar | Complex Torts & Product Liability | Commercial Litigation
With the coronavirus outbreak continuing in China, significant new incidences being reported in South Korea and Italy, and stories of quarantines permeating the news, in addition to the catastrophic toll on human health, we are far from business as usual in many respects. In the U.S., a CDC official has now stated, “It’s not a …
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Employee Benefit Plan Review – From the Courts
February 3, 2020 | Norman L. Tolle | Employment & Labor | Insurance Coverage
ERISA Required Payment of Plan Proceeds to Widow, But Prenuptial Agreement Barred Her Retention of Them, Alabama Supreme Court Rules The Supreme Court of Alabama, affirming a trial court’s decision, has ruled that a plan administrator had properly distributed proceeds from a company’s 401(k) retirement plan and from its pension benefit plan to a deceased …
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