Tag Archives: Davis & Gilbert

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U.S. DOL Issues Additional Guidance on COVID-19 and FLSA, FMLA and FFCRA Rules

The United States Department of Labor (DOL) recently issued new FAQs addressing requirements under the Fair Labor Standards Act (FLSA)Family and Medical Leave Act (FMLA), and Families First Coronavirus Response Act (FFCRA) as employees return to work amid the coronavirus pandemic.

The DOL has stated that work performed remotely is treated the same as work performed at the primary worksite for purposes of compensability. Employers must compensate nonexempt employees for all hours of telework actually performed, including overtime work, provided that the employer knew or had reason to believe the work was performed. This includes unauthorized hours worked and unreported hours by an employee when an employer knew or had reason to believe that the work was performed. Read more…

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FAQ: Main Street Business Lending Program

On June 15, 2020, the Federal Reserve announced that its Main Street Lending Program was open for lender registration. Once an eligible lender has registered to participate in the program, the eligible lender can begin making Main Street loans immediately. In addition, on June 8, 2020, the Federal Reserve announced certain changes to the Main Street Lending Program to increase participation by borrower and lenders. Read more…

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Production Industry Recommends Guidelines for Returning to Work

The entertainment industry took a major step forward amid the COVID-19 pandemic when the California Department of Public Health approved the resumption of entertainment content production beginning on June 12, 2020. The back-to-work announcement is based upon the guidelines submitted two weeks ago by a massive working group of entertainment industry interests, known as the Industry-Wide Labor-Management Safety Committee Task Force (Task Force), on how to safely return to physical production. Read more…

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OSHA Guidance Requires Certain Employers to Record “Work-Related” COVID-19 Cases

The Occupational Safety and Health Administration (OSHA) recently issued new guidance on employers’ obligation to document COVID-19 cases in the workplace for OSHA recordkeeping purposes. Specifically, employers who are required to keep OSHA 300 logs are now required to record cases of COVID-19 (which OSHA considers a respiratory illness) on such logs if the employer determines that the employee’s COVID-19 illness is work-related.

The new guidance went into effect on May 26, 2020 and is an abrupt departure from OSHA’s previous guidance. Read more…

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Talent Deals and the Impact of a Pandemic: Rethinking Force Majeure

The coronavirus pandemic (COVID-19) has affected nearly every facet of daily life, and has taken a heavy toll on countless industries. The advertising industry, which relies heavily on the personal services of actors, performers and other talent, is no exception. Read more…

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FAQ: Main Street Business Lending Program

On April 30, 2020, the Federal Reserve announced certain changes and clarifications to its Main Street Lending Program. The Main Street Lending Program was initially announced on April 9, 2020 and will support direct lending to certain small and mid-sized businesses, utilizing funding from the Coronavirus Aid, Relief and Economic Security Act (CARES Act). (See our previous alert on the CARES Act’s $454 billion appropriation in funding for Federal Reserve emergency lending programs here.)  Read more…

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FAQ: Planning for Safe Employee Re-Entry

Employers eagerly await guidance from federal, state and local authorities about how to safely re-open their offices. In the meantime, many are wisely using this time to plan ahead for re-entry. Davis & Gilbert attorneys Jessica Golden Cortes, Gary Kibel and Gabrielle White discuss some key considerations employers should take into account in planning for re-entry, from a(n): Read more…

 

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IS CHANGE FINALLY BRUIN’ OR IS IT A TROJAN HORSE? NCAA TAKES ACTION ON NAME, IMAGE AND LIKENESS RIGHTS

In a process that began with lawsuits led by current and former players, including former UCLA forward Ed O’Bannon, the National Collegiate Athletic Association (NCAA) announced on April 29 its recommendations for approving a framework which allows college athletes to earn money from the use of their names, images and/or likenesses from third parties.
This recent round of NCAA activity comes in response to the flurry of states seeking to pass their own versions of California’s Fair Pay to Play Act, which was signed into law in September 2019. For more information on the Fair Pay to Play Act, see our previous alert.
Click here to read the full Alert   >>
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Retirement Plans: Regulators Provide Relief from Certain ERISA Requirements During the COVID-19 Crisis

The Department of Labor (DOL) issued a notice on April 28, 2020 (the Notice) providing relief from certain requirements and deadlines imposed by the Employee Retirement Income Security Act of 1974 (ERISA) during the COVID-19 crisis.

Plan sponsors and fiduciaries must take care to continue to ensure they act in accordance with their fiduciary obligations, and should discuss any possible delay in meeting ERISA-imposed timelines with their ERISA counsel to determine whether the relief under the Notice applies to them. Read more…

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New York State Paid Sick Leave FAQ

On March 18, 2020, New York State enacted a mandatory sick leave law, which benefits
employees affected by the COVID-19 crisis. Davis & Gilbert partner Gregg Brochin
provides clarification on employers’ obligations under this new paid sick leave law. If you
have any additional questions on New York State paid sick leave law or any other labor
and employment issues, please contact Gregg Brochin or the D&G attorney with whom
you have regular contact. Read more…

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