The Louisiana Legislature is currently considering proposed legislation which would provide workers’ compensation coverage for essential workers during the COVID-19 pandemic.[1] The proposed law states that every essential worker who is disabled because of the contraction of the COVID-19 disease is entitled to the same compensation as if that essential worker had received personal
Labor and Employment Law
Return to Work, Are You Ready?
Last week, President Trump unveiled his Guidelines for Opening Up America Again. The Guidelines present a three-phase, criteria-based, framework to allow individuals and employers to return to normal activities. The return-to-work envisioned by the White House calls for the easing of current restrictions, not the wholesale abandonment of those restrictions. The guidelines are not statutes…
New CDC Guidance About Essential Employees Exposed to COVID-19
On April 8, 2020, the CDC announced new guidance for how to handle essential workers who have been exposed to someone with COVID-19. To ensure continuity of operations, the CDC says the employer no longer needs to send the exposed employee home to self-quarantine for 14 days assuming the employee remains asymptomatic and does not…
Eligible Self-Employed Individuals under the CARES Act
In addition to certain entities, independent contractors, sole proprietors and “eligible self-employed individuals” may be eligible to apply for a Paycheck Protection Program loan under the CARES Act.
What is an eligible self-employed individual? It is important to note that the statute did not refer to “self-employed individuals” which would have been very easy for…
DOL Rolls Out Leave Act Regulations and Changes Course on Some Issues
On April 1, the paid leave requirements of the Families First Coronavirus Response Act took effect.
Prior to April 1, the DOL issued both a required employer notice and a series of questions and answers related to the required employer notice under the Act: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf and https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions. The IRS also issued a series of…
Families First Coronavirus Response Act with Emphasis on Tax Credit Provisions
The Families First Coronavirus Response Act (“FFCRA”) was enacted as HR 6201 and signed into law on March 18th, 2020. The Act consists of three divisions which are relevant to the provision of family and medical and sick leave and providing for tax credits in connection with the mandatory family and medical and…
DOL Issues Third Set of Leave FAQs
The U.S. Department of Labor’s Wage and Hour Division continues to burn the midnight oil providing much needed guidance to employers and employees regarding leave issues under the Families First Coronavirus Response Act. Overnight, Saturday, the DOL posted a third set of Q&As (Q&As 38-59) that address a number of recurring employer questions.
“Son or …
DOL Issues Additional Leave FAQs
Overnight, the U.S. Department of Labor’s Wage and Hour Division posted additional answers to pressing questions regarding leave issues under the Families First Coronavirus Response Act. These Q&As address a number of recurring employer questions.
Documentation. One of the topics addressed by the DOL includes required documentation to support the need for leave (which the…
Families First Coronavirus Response Act: The Model Notices Are Here
Yesterday afternoon, on March 25, 2020, the U.S. Department of Labor’s Wage and Hour Division issued its model notices that meet the requirements of the Families First Coronavirus Response Act (“FFCRA”). The DOL provided a model notice for private sector employees and for public employees. All employers covered by the paid sick leave and…
Leave Act Takes Effect April 1 and Other New DOL Guidance
Late Tuesday afternoon, March 24, 2020, the U.S. Department of Labor’s Wage and Hour Division issued guidance in the form of 14 questions and answers on the new COVID-19 leave act. Here is the link to the latest guidance. Some of the highlights are described below.
Although practitioners and commentators uniformly agreed that the act…