BELLO / WELSH LLP NEWS & ALERTS
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Massachusetts Enacts New COVID-19 Emergency Paid Sick Leave Law
A new Massachusetts law providing for COVID-19-related emergency paid sick leave (“EPSL”) was signed into law on May 28. Effective until the earlier of September 30, 2021 or the exhaustion of $75 M in program funds, as determined by the Commonwealth, employers must offer Massachusetts employees leave time for the reasons set forth below. Full-time employees […]
California’s New COVID-19 Supplemental Paid Sick Leave Law Provides Additional Paid Time Off and Retroactive Pay and Benefits
By Alexandra D. Thaler Effective March 29, 2021 and continuing through September 30, 2021, California employers with 25 or more employees must provide up to 80 hours of paid COVID-19 sick leave, under the 2021 COVID-19 Supplemental Paid Sick Leave law (SB 95). Pay is generally determined based on the employee’s regular rate (for non-exempt […]
COBRA Subsidies Under New COVID-19 Relief Legislation, the America Rescue Plan Act of 2021
By John Welsh and Martha J. Zackin The American Rescue Plan Act of 2021 (“ARPA”), signed into law on March 11, 2021, provides fully subsidized health care continuation coverage to certain individuals. These “assistance-eligible individuals” or “AEIs,” include workers and their dependent family members who lost group health insurance coverage due to involuntary employment termination […]
News from the Massachusetts Department of Family and Medical Leave
By Alexandra D. Thaler As we approach the new year, the Massachusetts Department of Family and Medical Leave (DFML) is gearing up to begin administering leave requests for time off starting January 1, 2021 by preparing its online benefits application system (which may be piloted in December), updating employers on its responses to frequently asked […]
LGBTQ Individuals Protected from Employment Discrimination under Title VII
By Alexandra D. Thaler In a decision issued on June 15, 2020, the U.S. Supreme Court held in the case of Bostock v. Clayton County that Title VII of the federal Civil Rights Act of 1964 prohibits employment discrimination against individuals on the basis of their sexual orientation or transgender status.
PPP Changes: Paycheck Protection Program Flexibility Act of 2020
By Bello Welsh LLP On June 4, 2020, the Senate passed the Paycheck Protection Program Flexibility Act of 2020. It has already passed the House, so it now goes to the president for signature. The primary changes are as follows: The period in which employers must spend the funds has been extended from 8 weeks […]
OSHA Reverses Course, Now Requires All Employers to Determine Work-Relatedness of COVID-19 Illness
On May 19, 2020, the Occupational Safety and Health Administration issued revised guidance for when employers are required to record cases of COVID-19. As before, COVID-19 is a recordable illness if: The case is a confirmed case of COVID-19, as defined by the Centers for Disease Control and Prevention; The case is work-related; and The […]
DOL Expands Industries Eligible for Overtime Exemption for Commissioned Employees
By Alexandra D. Thaler On May 18, 2020, the federal Department of Labor, Wage and Hour Division issued a final rule that expands the types of industries that may be able to take advantage of the overtime pay exemption for certain employees paid primarily on a commission basis. Specifically, the Fair Labor Standards Act (FLSA) […]
COVID-19: Return to Work Q&As
By Bello Welsh LLP What safeguards should employers consider implementing to protect employees (and customers, visitors, and vendors) after state and local authorities allow non-essential businesses to reopen? The following list is compiled from guidance published by the Centers for Disease Control and OSHA: Develop an infectious disease preparedness and response plan Identify a workplace […]
COVID-19 Challenges: More Q&As for Employers – Department of Labor Regulations on Paid Leaves under the FFCRA
By Bello Welsh LLP The Families First Coronavirus Response Act (FFCRA) requires employers with fewer than 500 employees[1] to provide (1) up to 80 hours of paid sick leave to any employee who is unable to work for any of six enumerated reasons, and (2) up to twelve weeks of leave (of which ten weeks […]
OSHA Publishes New Guidance on COVID-19-Related Reporting Requirements
By Bello Welsh LLP On April 10, 2020, the Occupational Safety and Health Administration (“OSHA”) issued enforcement guidance, limiting employers’ obligation to report employees’ COVID-19 illness. As we noted in our prior Employer Q&A (#17), ordinarily an illness is recordable if the illness is contracted as a result of the employee performing their work-related duties, […]
Massachusetts Attorney General Revises FAQs on COVID-19
By Bello Welsh LLP The Massachusetts Attorney General’s Office, Fair Labor Division, has updated its list of Frequently Asked Questions About COVID-19, including an expanded response to the question of whether an employer that conducts a temporary layoff must pay final pay—including accrued vacation—at the start of the layoff (now numbered Question 3). The AG’s […]