Entries by Martha Zackin

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 […]

Federal Pandemic Unemployment Compensation Program under the CARES Act

By Bello Welsh LLP On April 4, 2020, the Department of Labor published Unemployment Insurance Guidance Letter (“UIPL”) 15-20, which includes implementing and operating instructions for the Federal Pandemic Unemployment Compensation (“FPUC”) Program provided for as part of the Coronavirus Aid, Relief, and Economic Security (“CARES”) Act of 2020. In short, the FPUC Program provides […]

FFCRA: Intersection of Emergency Paid Sick Leave, Paid E- FMLA, and FMLA Leave

By Bello Welsh LLP As described in detail in our prior Alert, the federal government signed into law the Families First Coronavirus Response Act (FFCRA) to help workers impacted by the current COVID-19 health emergency.  Under the FFCRA, employees of businesses of fewer than 500 employees may be eligible for paid sick leave or paid […]