Mar 28, 2020
On March 24 and 26, 2020, the Department of Labor issued updated guidance regarding the Families First Coronavirus Response Act (“FFCRA”). Specifically, the guidance addresses how employers should handle employee leave under the Emergency Paid Sick Leave Act (“EPSLA”) and the Emergency Family and Medical Leave Expansion Act (“EFMLA”). The updated guidance addresses the following issues:
- How to count employees for the 500-employee threshold
- Documentation required to qualify for the small business exemption
- Calculating hours and rates
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Mar 23, 2020
Executive Order 2020-07, issued on March 16, 2020, suspended key elements of the OMA regarding board member attendance and participation at public meetings. Normally, the Open Meetings Act requires that a majority of a quorum be physically present at all meetings. Additionally, it places strict conditions on when a board member may participate in a meeting remotely. However, Executive Order 2020-07 has temporarily suspended both of these rules. Therefore, until April 8, 2020, all board members are permitted to participate
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Mar 21, 2020
On March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act.” This law expands rights to Family and Medical Leave Act (“FMLA”) leave and provides paid leave for employees impacted by COVID-19. These provisions go into effect on April 1, 2020 and will sunset on December 31, 2020. The provisions discussed in detail below apply to private employers with fewer than 500 employees. Employers with fewer than 50 employees may be exempted from certain
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Mar 20, 2020
On March 18, 2020, President Trump signed into law the “Families First Coronavirus Response Act.” This law, among other provisions, expands rights to Family and Medical Leave Act (“FMLA”) leave and provides for paid leave for employees impacted by COVID-19. This update provides guidance about provisions specific to public education employers. The provisions discussed in this update all sunset on December 31, 2020. These provisions go into effect on April 1, 2020. The law directs the Department of Labor (“DOL”)
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Mar 20, 2020
by Melanie Keeney & Diane Metzger As you know, many H-1B employees may be working remotely from their homes to help combat the spread of COVID-19. The applicable regulations require that notice be posted at the H-1B employee’s physical worksite location(s), regardless of whether the worksite is situated at an employer’s headquarters, a client office, a home office, etc. When an employer contemplates an H-1B employee working from home at the time of hire, the safest approach is to include
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Mar 18, 2020
Aigner S. Carr,
Celynda L. Brasher,
Elizabeth J. Mooney,
James R. Layton,
Kate L. Nash,
Kylie S. Piatt,
Laura E. Hemmer,
Lisa J. Berns,
Mandi D. Moutray,
Margaret A. Hesse,
Melanie Gurley Keeney,
Michelle H. Basi,
Veronica E. Potter Frequently Asked Questions
Coronavirus Pandemic Planning: Holding Legally Compliant Board Meetings During this Time of Uncertainty
Below, we are listing answers or guidance we are providing in response to questions we have received relating to holding board meetings during this time of uncertainty. As time progresses, we will continue to provide updates or amended guidance, where necessary.
Can we hold a meeting without having anyone physically attend the meeting? Yes. However, the manner in
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Mar 5, 2020
by Adam Henningsen The U.S. Department of Labor (DOL) recently announced a final rule to update its regulations interpreting joint employer status under the Fair Labor Standards Act (FLSA). Under the FLSA, an employee may have – in addition to his or her employer – one or more joint employers who are jointly and severally liable with the employer for the employee’s required minimum wage and overtime pay. In the final rule, the DOL provides a
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Feb 14, 2020
Update by Kristine Nazir On August 8, 2019, DHS issued a new policy that announced that foreign students would begin accumulating “unlawful presence” if any violation of status had occurred, whether known to the student or not. On May 3, 2019, in Guilford College et al. v. DHS, the U.S. District Court for the Middle District of North Carolina issued a nationwide preliminary injunction stopping DHS from enforcing its new policy during the pendency of the case. On February 6,
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Feb 5, 2020
by Kristine Nazir and Melanie Keeney On January 27, 2020, the U.S. Supreme Court temporarily set aside the preliminary injunctions that prevented DHS“™ public charge rule from taking effect nationwide. This was the last of the three district court nationwide injunctions in force, which means that the DHS rule can go into effect nationwide, except in Illinois where it is blocked by a statewide injunction. The DHS regulation redefines a “public charge” as a non-citizen who
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Jan 23, 2020
by Betsey Mooney and Kate Nash On Wednesday, January 16, 2020, the Department of Education published a Notice of Proposed Rulemaking regarding the eligibility of faith-based institutions for departmental grants. This proposed rule is the official document outlining the agency’s plan to revise its current regulations. Following its publication in the Federal Register, a thirty-day period opens in which members of the public may submit comments on the proposed revisions. The comments are made available for the
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Merry Rhoades
Robert L. Jackstadt
Diane E. Metzger