As attorneys, of course we are delighted to answer questions from our clients – even basic ones. But the U.S. Department of Labor has provided many free resources for employers to educate them about and help them comply with their obligations under a multitude of workplace laws. A particularly useful tool that many employers may not know about is the elaws Advisors. Although the elaws Advisors are directed at workers and small employers, they provide an excellent overview of numerous federal employment laws for employers of all sizes.
Continue Reading Employers, You Don’t Always Have to Call Your Attorney First… Take a Look at the US DOL’s elaws Advisors
New Federal Agency Guidance on Vaccine Incentives and Surcharges: What Employers Should Know
Last week the federal Departments of Labor, Health and Human Services, and the Treasury issued joint FAQs that address questions regarding COVID-19 vaccinations and group health plans. The FAQs are particularly relevant to those employers considering whether to provide incentives or impose surcharges under their group health plans to encourage employees to become vaccinated. Here’s what employers need to know:
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D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees
A National Labor Relations Board (“NLRB” or “Board’) decision that was once thought to be a significant win for employer property rights may ultimately result in increased property access for off-duty contractor employees, following a recent decision by the U.S. Court of Appeals for the D.C. Circuit.
Continue Reading D.C. Circuit Opens Door to Biden Board to Expand Property Access for Off-Duty Contractor Employees
Small Employers May Receive A Tax Credit for Paid Vaccination Leave
Today, the White House highlighted a benefit to small employers that was part of the American Rescue Plan Act enacted on March 11, 2021: a tax credit for providing employees with paid leave to obtain a COVID-19 vaccine.
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New Employment Laws in Maryland – Protection for Essential Workers, Bereavement Leave, Workplace Peace Orders, and More! (And a Webinar!)
In the midst of the COVID-19 pandemic, it was a tumultuous session for the Maryland General Assembly, whose 2021 session ended at midnight on Monday, April 12. Among the many bills that passed, there were a number of significance to employers, including protection for essential workers in a catastrophic public health emergency, bereavement leave, workplace peace orders, an extension of the time in which to file complaints of discrimination with the Maryland Commission on Civil Rights, modifications to the mass layoff law, and requirements for gender diversity on boards and in executive management in order to qualify for certain state benefits, among other things.
Continue Reading New Employment Laws in Maryland – Protection for Essential Workers, Bereavement Leave, Workplace Peace Orders, and More! (And a Webinar!)
Treasury Department Provides Guidance on President Trump’s Deferral of Payroll Taxes
The U.S. Department of the Treasury issued, on August 28, 2020, a Notice concerning President Trump’s Presidential Memorandum concerning employers’ deferral of payroll taxes. Here are the key points:
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President Issues Memoranda on Payroll Taxes and Unemployment Insurance
President Trump issued, on August 8, 2020, Memoranda and Executive Orders concerning unemployment insurance, payroll tax withholding, evictions, and student loans. Below, we discuss the two employment-related Presidential Memoranda (which have been incorrectly designated Executive Orders in the media, although there is little technical distinction between the two). Neither requires immediate action by employers.
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No, Your CEO Did Not Really File For Unemployment Benefits
We just got a call from a client who was notified by the state of a claim for unemployment benefits for one of their employees. Actually, their CEO. Who is still employed. And who therefore had not filed a claim for benefits. Unfortunately, they were the victims of a scam involving fraudulent unemployment benefits claims.
Continue Reading No, Your CEO Did Not Really File For Unemployment Benefits
What The “Families First Coronavirus Response Act” Means To Employers
In a rare show of bipartisanship, the U.S. House of Representatives has passed legislation providing a wide scope of benefits and rights to individuals impacted by the COVID-19 national emergency. This legislation makes sweeping changes to an employer’s legal obligations: (1) imposing a general paid sick and safe leave mandate on all employers, with additional time for public health emergencies; (2) temporarily and vastly expanding coverage and imposing a paid leave requirement under the Family and Medical Leave Act for reasons associated with COVID-19; (3) making unemployment benefits available for reasons associated with COVID-19; and (4) giving a tax credit for paid sick and paid family and medical leave. Given that President Trump has already tweeted his support for the bill and the Senate is expected to follow suit, it is likely to be enacted in the coming days and would need to be immediately implemented by employers.
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Death During Sex on Business Trip Was a “Workplace Accident”?!!!
Ah, the French. They have such a … cosmopolitan attitude towards sex. This was on display in a recent article that caught my eye, “Frenchman’s death during sex while on business trip a ‘workplace accident,’ court rules.” (That’s an attention-getter, isn’t it?)
According to the article, a Frenchman died of a heart attack while having sex with “a total stranger” at her home during an overnight business trip. (How tawdry! How titillating!) His employer denied
responsibility for his death under the French equivalent of our workers’ compensation law, which provides compensation to employees/their estates for injury/death on the job. The employer argued that his death “occurred when he had knowingly interrupted his mission for a reason dictated solely by his personal interest, independent of his employment.” More specifically, he was no longer on a “mission” for his employer when he suffered the heart attack, which was attributable to “his sexual act with a complete stranger.” Well, that certainly seems to make sense. Sex is quite personal, isn’t it? (And I am particularly amused by the repeated emphasis on the fact that the sex was with a total or complete stranger. Would it have made a difference if he died while having sex with his wife or mistress? And is anyone else wondering if the “total stranger” was a prostitute?)
Continue Reading Death During Sex on Business Trip Was a “Workplace Accident”?!!!