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WPI Labor Day Report 2020

Introduction - Prior Workplace Policy Institute (WPI) Labor Day Reports focused on key employment developments and trends to provide employers with insight on the state of work and what to expect in the coming year....more

Treasury Department Issues Guidance on Payroll Tax Deferral

On August 28, 2020, the U.S. Department of the Treasury issued guidance for employers with respect to the deferral of the employee portion of certain payroll taxes.  This guidance stems from a presidential memorandum issued...more

White House Takes Executive Action on Unemployment Insurance, Payroll Taxes

On August 8, 2020, the president signed several executive memoranda and an order addressing the continued economic havoc of the COVID-19 pandemic, two of which are of direct interest to employers....more

Senate Republicans Unveil Latest COVID-19 Response Legislation

On July 27, 2020, Republican leadership in the U.S. Senate unveiled its latest legislative response to the COVID-19 pandemic, the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act.  The bill represents...more

DOL Issues Return-to-Work Guidance Under the Families First Coronavirus Response Act

On July 20, 2020, the U.S. Department of Labor issued additional guidance on return-to-work issues under the Families First Coronavirus Response Act (FFCRA).  Enacted at the end of March, the FFCRA provides emergency paid...more

States Enact Laws Limiting COVID-19 Liability

Previously, we discussed the increasing number of lawsuits filed against employers relating to COVID-19, and how these numbers are expected to swell.  Perhaps recognizing the economic ruin that could befall employers facing...more

DOL Provides Guidance on FFCRA Leave Relating to Summer Camp and Program Closures

On June 26, 2020, the U.S. Department of Labor (DOL) provided guidance for its Wage and Hour Division (WHD) Investigators relating to when employees may be eligible to take paid family leave under the Families First...more

COVID-19 Lawsuits and Claims Increasing in Courts Nationwide

As the United States continues to struggle with the devastating impact of the COVID-19 pandemic on health, safety, and the economy, it is likely that many employers will have yet another issue to face as they attempt to...more

White House Urges Federal Regulators to Support Economic Recovery in Light of COVID-19

A new executive order directs federal agencies to focus their efforts on regulatory barriers to economic recovery.  Specifically, the May 19, 2020 order directs agencies to respond to the COVID-19 pandemic public health...more

House Passes New $3 Trillion COVID-19 Relief Package with Significant Labor and Employment Provisions, but Future Unclear

On May 15, 2020, the U.S. House of Representatives passed H.R. 6800, the “Heath and Economic Recovery Omnibus Emergency Solutions” or “HEROES” Act....more

Newly Unveiled HEROES Act Includes Grant Program for Employers to Provide Premium Pay to Essential Workers

In addition to numerous provisions expanding paid leave and unemployment benefits, the newly introduced Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act would create a program enabling employers to...more

Risky Business: EEOC Interprets ADA Coverage for Individuals at Higher Risk of Contracting COVID-19

In a series of guidance issued since May 5, 2020 (some of which was withdrawn, revised, and reissued), the U.S. Equal Employment Opportunity Commission (EEOC) addressed protections under the Americans with Disabilities Act...more

Wave of COVID-19 Litigation Already Rising, Threatening Employers as They Return to Work

The wave of COVID-19 litigation is not coming; it has arrived. Even before most states open back up for business, plaintiff’s lawyers are suing employers for a variety of alleged violations related to the virus, including...more

SBA Releases New Guidance on Paycheck Protection Program Certifications, Announces Safe Harbor for Borrowers that Repay Their...

Ahead of a second round of lending, the Small Business Administration (SBA) announced that businesses applying for loans under the Paycheck Protection Program (PPP) must consider other sources of liquidity before certifying...more

DOL Clarifies That Gig Workers Can Qualify for COVID-19 Unemployment Benefits When Their Work Dries Up

The Department of Labor has clarified that gig workers qualify as “unemployed” under the Pandemic Unemployment Assistance (PUA) Program when they lose a significant amount of business because of COVID-19. ...more

Lawmakers Agree to New Funding for Paycheck Protection Act Program

Senate lawmakers agreed on April 21, 2020, to inject cash into the Paycheck Protection Program (PPP), a mechanism for offering forgivable loans to small businesses. Lawmakers also agreed to allocate more money for disaster...more

CARES Act Offers New Incentives to Employers Considering Student-Loan Repayment Programs

The CARES Act included a variety of new provisions to help employers and workers affected by the COVID-19 pandemic. Among those provisions were two aimed at student-loan repayment. ...more

OSHA Issues Guidance for Employers in Package Delivery Industry

On April 13, 2020, the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued guidance to employers in the package delivery industry intended to assist them in reducing the risk of their...more

New DOL Guidance Clarifies Eligibility for $600 Payments under CARES Act

On Saturday, April 4, 2020, the U.S. Department of Labor (DOL) issued Unemployment Insurance Guidance Letter 15-20 (UIPL 15-20) to provide further guidance to the states on the temporary expanded unemployment insurance...more

DOL Releases Regulations Implementing the Families First Coronavirus Response Act

On April 1, 2020, the day the federal Families First Coronavirus Response Act (FFCRA) took effect, the U.S. Department of Labor (DOL) released temporary regulations interpreting this new law that requires private employers...more

IRS Explains How Employers Can Receive Tax Credits under the CARES Act and FFCRA

On March 31, 2020, the IRS published new guidance clarifying how employers can claim tax credits for giving employees paid leave and maintaining their payrolls during the COVID-19 crisis. The agency explained that employers...more

After Slight Reprieve, DOL Releases Additional Batch of FFCRA Q&As

After giving employers a day off from addressing new information concerning the federal Families First Coronavirus Response Act (FFCRA), which took effect April 1 and requires private employers with 499 or fewer employees,...more

SBA Clarifies that to Qualify for Loan Forgiveness, Employers Must Spend Three-Quarters of Paycheck Protection Loans on Payroll...

On April 2, 2020, the Small Business Administration (SBA) issued an interim final rule clarifying certain parts of the new Paycheck Protection Program (PPP). The new rule came just one day before PPP opened, and it includes...more

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