Employment Law Alerts

Wagner Law Group

Do Employers Need COVID-19 Waivers?

Employers who are considering resuming their operations (or employers who have already resumed operations) should consider the benefits of putting in place a COVID-19 waiver for employees and visitors. This can be effective for employees who decide to voluntarily return to work. Such a waiver could limit the employer’s liability in the event an employee or a visitor contracts the coronavirus in ...

Paycheck Protection Program Flexibility Act of 2020 Passes Senate

by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Paycheck Protection Program (“PPP”), which was enacted as part of the CARES Act, allows businesses to borrow funds that are guaranteed by the federal government to be used to pay certain operating expenses during the COVID-19 emergency. The loan bears interest at 1% and has a maturity of two years. The loan may be forgiven if at least ...

Employee Retention Tax Credit Under the CARES Act

by Barry Salkin, Roberta Casper Watson and Livia Quan Aber The Families First Coronavirus Response Act (the “FFCRA”) established tax credits under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act.  We have discussed these credits in a previous Law Alert.  Most recently, the CARES Act added an employee retention credit. The CARES Act employee retention tax ...

Managing From Afar: Effectively Adapting to Telework

One of the realities created by the COVID-19 pandemic is that more employees are working remotely than ever before.  This change raises legal and business issues that have caught many companies off guard.  Companies designed policies and trained management pre-COVID19 based on the presumption that most employees worked in the physical office.  With the shift in the landscape, it is advisable to ...

The Families First Coronavirus Response Act Updated to Include Coronavirus Aid, Relief, and Economic Security Act Provisions

by Roberta Watson, Barry Salkin and Virginia Peabody This Law Alert serves as an update to the Law Alert sent out on March 19, 2020 concerning the paid leave and group health plan provisions of The Families First Coronavirus Response Act. Effective April 1, 2020, the Emergency Paid Sick Leave Act (the “Sick Leave Act”) and the Emergency Family and Medical Leave Expansion Act (the “FMLA Expansion ...

Planning and Implementing a Temporary Layoff in the Age of COVID-19

During these uncertain times, layoffs, both long term and temporary, are on the rise. Naturally, it is very important for employers to plan layoffs carefully, even when they must be implemented quickly. 1.  Identifying Employees. The list of employees selected for a temporary layoff should be carefully reviewed to ensure that there is no unnecessary adverse impact on employees in a protected ...

The Families First Coronavirus Response Act

by Roberta Watson, Barry Salkin and Virginia Peabody Effective no later than April 2, 2020, the Emergency Paid Sick Leave Act (the “Sick Leave Act”) and the Emergency Family and Medical Leave Expansion Act (the “FMLA Expansion Act”), two of the divisions of the Families First Coronavirus Response Act (the “Families First Act”), provide paid sick leave and paid family and medical leave to ...

Five Steps to Help Avoid Mistakes in Light of COVID-19

Allowing employees to telecommute is an excellent accommodation. While this option supports continued business productivity, be sure to properly track the time worked so that you do not expose your business to claims for unpaid wages or overtime. Be sure to centralize and communicate decisions regarding who can and who cannot telecommute. This will limit the risk of claims for discriminatory ...

EEO-1 Component 2 Data Collection Reinstated, Again

In yet another turn of events in the ongoing EEO-1 Component 2 data collection saga, the EEOC’s self-declared cessation to collect the Component 2 data has been overturned by Judge Tanya Chutkan of the District of Columbia.  The Court ordered that the EEOC continue to collect pay data. As a refresher, covered employers were required to provide pay data for 2017 and 2018 broken down by job ...

DOL Finalizes Overtime Rule

The U.S. Department of Labor finalized its overtime rule which will become effective on January 1, 2020. Notably, the DOL increased the threshold for the FLSA overtime exemption from $23,660 to $35,568 per year, or $684 per week. The DOL also increased the "highly compensated worker" threshold from $100,000 to $107,432. This seemingly brought an end to a period of uncertainty which began on ...