Q: What Does the $1.9 Trillion American Rescue Plan Mean for Employers?

A: On March 11, nearly a year after the enactment of the Families First Coronavirus Response Act (FFCRA) and CARES Act, and three months after the enactment of the Consolidated Appropriations Act of 2021, President Biden signed a sweeping $1.9 trillion stimulus package called the American Rescue Plan. The headline-grabbing elements of the American Rescue Plan include $1,400 direct payments to individuals earning below a certain income threshold, $160 billion for COVID-19 vaccine and testing programs, and $360 billion for aid to state, local, and territorial governments. Critical to employers, the American Rescue Plan once again extends federal unemployment insurance benefits and modifies employee entitlement to COVID-19-related leave under the FFCRA.

Continue Reading The $1.9 Trillion American Rescue Plan

Q: Are employers immune from liability for issues related to COVID-19?

A: As the pandemic continues and COVID-19 vaccines slowly but surely begin to reach more widespread distribution across the country, many employers continue to worry about potential liability in their workplaces for claims involving COVID-19 infections, along with a host of other claims related to employment.

Continue Reading More States Consider COVID-19 Immunity Laws as Employment Lawsuit Filings Trend Upward

Q: What do employers need to know about the recently released Occupational Safety and Health Administration (OSHA) guidance for COVID-19 prevention programs in the workplace?

A: On January 21, President Biden signed an Executive Order on protecting worker health and safety. Pursuant to the order, on January 29, OSHA released new guidance titled, “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”

Continue Reading New OSHA Guidance for COVID-19 Prevention Programs

Q: Does the “ABC test” for independent contractor status in the state of California apply retroactively?

A: The California Supreme Court recently issued a decision clarifying that the ABC test for determining independent contractor status does indeed apply retroactively.

Continue Reading California Supreme Court Clarifies Dynamex’s “ABC” Test, Concluding that Independent Contractor Status Applies Retroactively

Q: Are outside sales employees considered exempt under the outside sales exemption (OSE) if they work from a home office during the pandemic?

A: Throughout the last 11 months, the pandemic has required most in-person business activity to go virtual; and this is no less true for employees working in sales. However, Zoom meetings and social distancing have made it challenging for employers to classify their sales force as exempt under the OSE of the Fair Labor Standards Act (FLSA).

Continue Reading FLSA Exemptions for Outside Sales Employees in the Era of Social Distancing

Q: Are there any new laws or regulations that I should know about as we enter 2021?

A: The year 2020 undoubtedly presented many challenges to employers in keeping up with seemingly ever-changing laws and regulations, in large part due to the COVID-19 pandemic that swept our nation. As employers leave the previous year behind and begin focusing on what will follow in 2021, it is important to be mindful of various significant labor and employment law changes — in addition to those specifically related to COVID-19. Below are summaries of key non-COVID-related issues that employers should know about now and in the year ahead.

Continue Reading Goodbye 2020! A Look Ahead to Non-COVID Labor and Employment Updates for 2021

Q: What issues should my business begin to address so that when COVID-19 vaccines are ready for distribution, we will be ready?

A: On a nearly daily basis, Americans hear promising news about vaccine developments that will help protect us from COVID-19. As the reality of a safe, effective, and accessible vaccine draws closer, industries and businesses across the country have started developing their own COVID-19 vaccine strategies. These entities have quickly discovered that any vaccine policy implemented will raise complicated questions not previously faced. While historic annual influenza vaccine strategies are informative, COVID-19 vaccine issues bring new challenges because of the sheer magnitude of the pandemic and the unique issues surrounding the pace of development and distribution. Businesses should proactively address these issues now so when the COVID-19 vaccines are ready for distribution, they will be too.
Continue Reading When the COVID-19 Vaccine Arrives, Will Your Business Be Ready?

Q: Our company has several locations in New Jersey where our employees work in proximity to customers and vendors. Can you please provide details on Governor Murphy’s recent order implementing new workplace health and safety protocols in response to the COVID-19 pandemic?

A: On October 28, New Jersey Governor Phil Murphy signed an executive order establishing new health and safety requirements for employers with employees who are physically present in the workplace. Effective November 5, the order establishes minimum standards for all public and private employers to protect employees, customers, and others who are present in the workplace.
Continue Reading New Jersey’s Executive Order Addresses COVID-19 and Workplace Safety

Q: Can you provide an overview of Election Day 2020 ballot measures approved by voters that may impact the workplace?

A: While President-elect Joe Biden’s victory over incumbent President Donald Trump dominated Election Day 2020, voters also approved various ballot measures that will have repercussions for workplaces throughout the nation. Below find a summary of some of the biggest employment-related ballot measures approved by voters.

Continue Reading Voters Nationwide Approve Ballot Measures Impacting the Workplace

Q: What is the definition of “close contact” for purposes of COVID-19 contact tracing and quarantining requirements?

A: The Centers for Disease Control and Prevention (CDC) recently issued guidance that significantly expands the definition of “close contact” for purposes of COVID-19 contact tracing and quarantining requirements. Previously, the CDC defined “close contact” to include only certain individuals who spent at least 15 consecutive minutes within six feet of someone with COVID-19. Because this previous definition was in place before the CDC issued its mask guidance, many, including employers, inferred that “close contact” meant contact without any face coverings.

Continue Reading Too Close for Comfort: CDC’s Latest Guidance Significantly Expands the Definition of “Close Contact”