UPDATE: On November 6, 2021, the United States Court of Appeals for the Fifth Circuit issued an order staying the OSHA rule below. This means that the rule is not in effect at this time. We will continue to follow, monitor, and update these actions closely. In the rapidly changing COVID-19 environment, we continue to monitor action […]
The American Rescue Plan Act of 2021 (or “ARPA”) created both new obligations and new options for employers, which provide a health insurance safety net for employees who are laid off or terminated and allow employers to receive tax credits for voluntarily allowing COVID-related leaves between April and September 2021. The following is a summary […]
As 2020 draws to a close, we want to update you on recent labor and employment law developments, including the federal government’s year-end stimulus package signed into law yesterday and 2021 increases to the minimum wage in Minnesota. Highlights of Federal Year-End Stimulus PackageYesterday, the President signed the $900 billion economic stimulus bill that was […]
Governor Tim Walz issued a new emergency executive order requiring Minnesotans to wear face masks, effective July 25, 2020 and subject to limited exceptions. The executive order remains in place until expiration of the peacetime emergency. Here is what companies need to know to comply with the order. 1. Face Coverings in the Workplace All businesses must […]
On June 15, 2020, the U.S. Supreme Court issued new workplace protections for employees who identify as gay, lesbian, or transgender. Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of “sex.” In the decision released on Monday, the Court held that “sex” includes gender identity and sexual orientation, and therefore extended […]
The Paycheck Protection Program Flexibility Act (“PPPFA”) was signed into law on June 5, 2020 and extends and revises certain deadlines and loan forgiveness terms under the existing Paycheck Protection Program (“PPP”), including the following: Percentage of loan proceeds required to be used for payroll costs decreased from 75% to 60%. PPP loan recipients must use […]
Last week, OSHA issued new guidance requiring employer recording of work-related COVID-19 cases. These requirements went into effect on May 26, 2020. While OSHA’s guidance memo acknowledges that it may be difficult for employers to determine whether a COVID-19 illness is “work-related,” the memo still requires employers to make good faith determinations as to whether the virus […]
On May 13, 2020, the Small Business Administration (SBA) and the Department of Treasury (Treasury) updated the Paycheck Protection Program (PPP) FAQs to address SBA’s review of the good faith certification of borrowers who received PPP loans. Recommended Borrower Good Faith Certification ReviewTreasury and SBA recommend that all borrowers who received PPP loans review the good faith […]
Beginning April 27, 2020, employers in non-critical manufacturing, industrial and office-based businesses may return to work if they complete the requirements of the Executive Order. Who does EO 20-40 apply to? Executive Order 20-40 allows limited return to work for these categories of employers: Importantly, these categories do not include customer-facing retail environments. What is required to […]
The IRS has now provided guidance to employers on claiming tax credit and reimbursement for employer-paid COVID-19 related sick leave and FMLA leave under the Families First Coronavirus Response Act (“FFCRA”). Detailed guidance is available here. The FFCRA requires employers to provide paid leave time for some COVID-19 related absences, as described in our previous alerts. Businesses and […]