As we reported in our recent information memo, COVID-19 has created an evolving immigration environment. The related federal agencies and the White House have responded with a number of temporary policy and procedural changes to help minimize the spread of the virus in the U.S. and to help employers comply with various laws during this extremely challenging time. It remains essential for employers to maintain immigration compliance during the COVID-19 emergency and to take the steps necessary to maintain the nonimmigrant status and work authorization of their foreign national employees. In addition, now that businesses and organizations are beginning to reopen pursuant to government guidelines, employers are advised to keep abreast of the latest legal developments and various obligations they may have over the next few months as we slowly return to our workplaces.
The Office of Federal Contract Compliance Programs ("OFCCP") approved the use of a revised voluntary self-identification of disability form (Form CC-305) on May 5, 2020. Federal contractors have until August 4, 2020, to implement the new form into their applicant and employee systems and processes.
On May 7, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) announced that it will delay the 2019 EEO-1 Component 1 data collection and the 2020 EEO-3 and EEO-5 data collections due to the COVID-19 public health emergency. The notice was published in the Federal Register on May 8.
In April 2020, Governor Cuomo signed new laws which amend the Wage Theft Prevention Act (WTPA). First passed in 2011, and amended in 2014, the WTPA mandates that employers provide employees with notices at their time of hire containing pay information and include related pay information on employee pay stubs. The amendments add new requirements to the WTPA notices and pay stubs for employees on public work contracts throughout the state who receive prevailing wage supplements and for home care aides in New York City and Nassau, Suffolk and Westchester counties.
On April 17, 2020, the Equal Employment Opportunity Commission (EEOC) issued updated guidance on COVID-19 in the workplace. The EEOC has been releasing information on the pandemic for employers since mid-March, and the most recent updates to the guidance primarily focus on how employers should accommodate employees during the pandemic as well as how to return individuals to work once the pandemic subsides.
The budget bill signed by Governor Cuomo on April 3, 2020, includes an amendment to the Labor Law that requires New York employers to provide sick leave to employees. The legislation becomes effective 180 days after it was enacted, which appears to be September 30, 2020.
The budget legislation signed by Governor Cuomo on April 3 includes an amendment to the Election Law that reverts back to the pre-2019 law regarding employee time off to vote.
On April 1, 2020, the Department of Labor (DOL) published the first regulations on the Families First Coronavirus Response Act (FFCRA). As a reminder, the FFRCA became effective on April 1 as well, and provides for Emergency Family and Medical Leave (EFMLA) and Emergency Paid Sick Leave (EPSL). Both laws apply to private employers with fewer than 500 employees, as well as some public employers.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act)—a $2 trillion stimulus bill to respond to the coronavirus pandemic. The unemployment insurance portion of this act, known as the Relief for Workers Affected by Coronavirus Act, provides enhanced unemployment benefits including larger benefit amounts, availability for a longer period of time, and extended coverage for individuals who are not typically eligible for unemployment benefits, as outlined below.
The Families First Coronavirus Response Act (FFCRA) provides paid sick leave and amends the Family and Medical Leave Act (FMLA) to include a new qualifying reason for leave related to COVID-19. However, the FFCRA permits employers to exempt “health care providers” and “emergency responders” from eligibility for these benefits.
On March 18, 2020, the Families First Coronavirus Response Act (“FFCRA”) was enacted. The statute left many questions regarding its implementation and administration unanswered. Over the past several days, the U.S. Department of Labor (the “DOL”) has been publishing questions and answers addressing some of these unanswered questions. Here is a summary of some of the key information provided by the DOL.
New York State recently published some answers to frequently asked questions regarding the COVID-19 paid sick leave law that was enacted last week. The FAQs clarify some aspects of the law that were not clear from the text of the statute and give some insight into the manner in which the law will be interpreted and enforced.
