June 3, 2020
As we previously reported, in response to the COVID-19 pandemic, the Indian government invoked special provisions of the Disaster Management Act, 2005 (the “DMA”) to implement a series of orders under the DMA (“Orders”) imposing a nationwide lockdown. The Indian national lockdown went into effect on March 25, 2020 and was extended several times, until May 31, 2020.
The initial lockdown Orders included strict directives for employers. The employment provisions of the orders (the “Employment Provisions”) prohibited employers from terminating any employees or contract labor during lockdown, except for disciplinary reasons. In addition, the Employment Provisions barred employers from reducing employees’ wages. The Employment Provisions also addressed specific issues that affected employers and employees during the lockdown, including (i) maintenance of the workforce, (ii) prohibition against forced use of paid leave or taking of unpaid leave, (iii) permissibility of medical checks, and (iv) sick time for employees with COVID-19.
ILN Today Post
June 3, 2020
Ontario Regulation 228/20: Infectious Disease Emergency Leave was filed under the Employment Standards Act, 2000 (the “Act“) on May 29, 2020 to address certain workforce changes that have arisen due to the COVID-19 pandemic. Non-unionized employees who have had their hours reduced or eliminated as a result of the COVID-19 pandemic will be deemed to be on Infectious Disease Emergency Leave, which is unpaid, job-protected leave. The Regulation applies throughout the COVID-19 period, which is from March 1, 2020 until the date that is six weeks after the day that the emergency is declared terminated.
June 3, 2020
In a previous post, we discussed the appropriate use of the Provider Relief Funds authorized and appropriated by Congress under the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act, Public Health and Social Services Emergency Fund (“Relief Fund”) for healthcare providers and facilities. Within that post, we specifically discussed the limitation imposed on use of the Relief Funds for payment of salaries, a topic of great interest to many recipients. Under the Terms and Conditions, recipients are prohibited from using the funds for salaries in excess of the Senior Executive Service Executive Level II amount – an annual salary of $197,300 – or $16,441 a month. We noted that, although the Department of Health and Human Services (“HHS”) had not spoken to this requirement with respect to the Provider Relief Funds, HHS permits other HHS grant Recipients to pay individuals’ salaries in excess of the $197,300 limit with non-federal funds. Also, HHS’ federal contract regulations similarly limit use of federal contract funds for salary costs to the Executive Level II amount, but allow for amounts in excess of that limit to be paid with non-federal funds.
ILN Today Post
June 1, 2020
Companies have asked “Can an employer do temporary layoffs?” and want the answer in a short, summary format – and the ILN has answered – 17 member jurisdictions have weighed in with concise responses to help guide your business in the current crisis.
June 1, 2020
The Paycheck Protection Program (“PPP”) provided forgivable loans to assist small businesses with expenses during the COVID-19 shutdown, seemingly creating a lifeline for many of these enterprises. As explained here, a borrower could obtain a loan equal to the lesser of $10 million or the sum of its average monthly payroll costs for 2.5 months, (reduced to the extent that any individual was paid more than $100,000 per year) plus the balance of any Economic Injury Disaster Loan received between January 31, 2020 and April 3, 2020. Like many federal programs, however, participation in the PPP program requires an extensive series of certifications that could expose borrowers to liability under the under the False Claims Act (“FCA”), a Civil War era statute, that the government has continued to use to combat both government contract and health care fraud. Borrowers must, therefore, remain mindful of the key aspects of the FCA as they use PPP funds and as they apply for loan forgiveness.
May 27, 2020
As featured in #WorkforceWednesday: To support employee mental health, employers have important tools available, such as telemental health benefits, vacation, leave, and the interactive accommodation process. Watch for a few quick tips.
Video: YouTube, Vimeo, MP4, Instagram.
May 26, 2020
In EBSA Disaster Relief Notice 2020-01, “Guidance and Relief for employee Benefit Plans Due to COVID-19 (Novel Coronavirus) Outbreak” ( “Notice”), the DOL provided sponsors of defined contribution plans subject to ERISA relief from DOL enforcement action for failure to timely forward participant contributions and loan repayments to the plan during the period from March 1, 2020, and to the 60th day following the announced end of the National Emergency. This DOL relief, however, appears to be limited to ERISA violations and does not appear to provide protection from the excise taxes under the Internal Revenue Code (“Code”).
May 22, 2020
Many employers are now arranging for employees to return to the workplace after, what has hopefully been, the peak of the COVID-19 pandemic in Ireland. Our employment law expert, Shane Costelloe, unmasks the Return to Work Safety Protocol
May 22, 2020
As featured in #WorkforceWednesday: One way employers can support employee mental health in today’s environment is ensuring that their benefits offerings include telemental health services. Attorneys Cassandra Labbees and Amy Lerman tell us more about telemental health and evaluating your benefits plans.
May 21, 2020
On May 19, 2020, the U.S. Department of Labor issued two COVID-19 related Enforcement Memos to provide updated guidance to OSHA investigators: (1) Revised Enforcement Guidance for Recording Cases of Coronavirus Disease 2019 (COVID-19) (“Revised Recordkeeping Guidance”), which reinstates employers’ recordkeeping obligations for COVID-19 cases (29 CFR Part 1904) and (2) Updated Interim Enforcement Response Plan for Coronavirus Disease 2019 (COVID-19) (“Updated Enforcement Response Plan Guidance”), which generally returns to pre-COVID investigation policies, except to maintain COVID-19-related cases as a top priority and mandate the following of certain COVID-19-related precautions.