The Families First Coronavirus Response Act mandates that private employers with 500 or fewer employees (with exceptions for certain small employers as well as health care providers and emergency responders) and some public sector employers must provide emergency paid sick leave and emergency Family and Medical Leave Act leave for specific COVID-related reasons. The Act, however, did not address what documentation, if any, an employer could request in order to substantiate the leave and receive the tax credits that will fund the leave. The DOL initially provided guidance in its Families First Coronavirus Response Act: Questions and Answers, but subsequently retracted it, directing employers to the Internal Revenue Service for further guidance. And on the eve of the FFCRA’s effective date of April 1, 2020, the IRS finally provided such guidance.

Continue Reading IRS Identifies What Documentation Can Be Required by Employers for FFCRA Leave, and Much More on Tax Credits

I don’t like it when the federal agencies don’t play fair. I previously blogged about the EEOC’s sneaky change in its position on whether sexual orientation discrimination is covered by Title VII (it revised its guidance without any kind of announcement. It was just suddenly… the exact opposite). And now, the Department of Labor has pulled the same trick with regard to its guidance on the Families First Coronavirus Response Act!

Continue Reading Wait – the DOL Made Their FFCRA Guidance LESS Useful?!!

Governor Hogan has issued an Executive Order, effective 8:00 p.m. on March 30, 2020, requiring all Maryland residents to stay at home except to conduct essential activities. Certain employees of essential businesses and non-essential businesses, however, may continue to travel to work, as described below.

Continue Reading What Does Governor Hogan’s “Stay-at-Home” Order Mean for Employers?

In our March 27 E-lert, we explained important provisions of the CARES Act. One of them provides small businesses and nonprofits with forgivable loans to fund payroll and other costs incurred between February 15 and June 30, 2020 as an incentive to keep employees on the payroll.  Under the “Paycheck Protection Program” the federal government will essentially give an employer 2.5 times its monthly payroll, to use for paying wages, rent, mortgage interest and utilities.

Continue Reading To Avoid Job and Wage Cuts CARES Act Funds Payrolls

The U.S. Department of Labor updated its  Families First Coronavirus Response  Act: Questions and Answers on Saturday, March 28, 2020 to provide guidance on a number of key issues, including the exemptions to the paid leave mandates under the FFCRA for small businesses, healthcare providers, and emergency responders.

Continue Reading DOL Explains Small Business, Healthcare Provider and Emergency Responder Exemptions to Families First Coronavirus Response Act, and Many Other Things

On March 26, 2020, the Department of Labor updated its Families First Coronavirus Response Act: Questions and Answers to provide more guidance about the paid sick leave and expanded Family and Medical Leave Act (FMLA) requirements under the Families First Coronavirus Response Act (FFCRA). The DOL addressed a number of open issues of significant interest to employers. Additionally, as we mentioned in our March 26, 2020 E-lert, the DOL released the mandatory notice, and it has now followed up with guidance on its posting and distribution.

Continue Reading DOL Answers More Burning Questions and Provides a Poster About Families First Coronavirus Response Act

As Maryland businesses know, Governor Hogan signed an Executive Order closing all non-essential businesses to the general public at 5 p.m. Monday, March 23, 2020. His office has since provided three separate Interpretive Guidance memos, listing the types of businesses deemed essential. The latest Guidance also provides further information regarding what actions non-essential businesses can continue to engage in, as well as how to determine whether a business is essential or not.

Continue Reading Is Your Business “Essential”? More Guidance From Governor Hogan’s Office

Today, Governor Hogan announced an Executive Order, Number 20-03-23-01, closing all non-essential businesses to the general public at 5 p.m. today.  Although this is not a “shelter-in-place” directive, Marylanders are urged to stay home. This directive does close retail establishments that were previously permitted to remain open under earlier executive orders.

Continue Reading Maryland Orders Closure of Non-Essential Business To The Public