COVID-19 Viewpoints
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Part Three of the COVID-19 Roadmap Series: Ensuring a Safe Workplace - Key Guidance for a Healthy Workspace
May 1, 2020 | Blog | By Delaney Busch
In Part 3 of our Roadmap Series, we outline important guidance, procedures, and concerns employers need to consider to successfully and safely bring back employees to their worksite. As authorities begin reopening economies and traditional workplaces once again open for business, employers are facing difficult challenges regarding reorganizing and protecting their places of business. However, the exact measures appropriate and effective for each workspace will depend heavily on the outcome of a worksite risk assessment.
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Labor and Treasury Departments and IRS Issue Relief to Employee Benefit Plan Participants & Beneficiaries during the COVID-19 National Emergency
April 30, 2020 | Blog
On April 29th, in connection with the National Emergency declaration related to COVID-19, the Department of Labor, the Department of the Treasury, and the Internal Revenue Service (the “Agencies”) jointly issued a final emergency regulation which aims to minimize the loss of employee benefits due to certain ERISA and Internal Revenue Code-related compliance failures. Specifically, the final regulation provides relief for HIPAA special enrollment rights, COBRA elections and notices, and ACA-mandated internal and external review timeframes. According to the final regulation, plans must disregard the period from March 1, 2020 until sixty (60) days after the announced end of the National Emergency, or such other date announced by the Agencies in a future notice. This period is referred to as the “Outbreak Period.”
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Updated: COBRA Coverage – FAQ for the COVID-19 Economy
April 29, 2020 | Blog | By Patricia Moran
Given the possible health impacts of COVID-19, maintaining access to health care and insurance coverage is front of the mind for just about everyone. Continuation coverage under COBRA offers employees a route to continue job-based coverage in the event of job loss or reduction of hours.
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Recording Available - May 1 Webinar - A Roadmap for Employers in the Time of COVID-19
April 29, 2020 | Blog | By Jennifer Rubin
The Impact of the CARES Act on 401(k) and Other Defined Contribution Plans
April 28, 2020 | Blog | By Patricia Moran
In a previous post, we covered the impact of the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) on employee welfare benefit plans, programs, and arrangements. This post explains how this new law affects tax-qualified 401(k) and other defined contribution plans.
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Part Two of the COVID-19 Roadmap Series: Creating a COVID-19 Operations Infrastructure
April 27, 2020 | Blog | By Emma Follansbee
With the reopening of the economy on the horizon, employers are looking ahead to welcoming employees back to the traditional workplace. Business operations will look vastly different during and after the COVID-19 pandemic. In Part 2 of our Roadmap Series, we outline important operational planning steps and actions employers can take now to successfully and safely bring employees back to the workplace. Future posts in this series will address many of these issues more in-depth, so be sure to stay tuned.
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New York’s Department of Health Provides Guidance on Face Coverings for Essential Workers
April 25, 2020 | Blog | By Michael Arnold, Corbin Carter
On April 12, 2020, Governor Cuomo issued Executive Order 202.16 mandating that essential businesses in New York require their employees to wear face coverings when in direct contact with customers or members of the public. The New York State Department of Health has now issued guidance regarding the order, which went into effect April 15th. We highlight the provisions of the order and the DOH guidance below.
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UPDATED: New York Issues Important Guidance on COVID-19 Quarantine Leave Law
April 24, 2020 | Blog | By Michael Arnold, Corbin Carter
New York State issued guidance on March 20th detailing answers to many frequently asked questions about the newly implemented COVID-19 quarantine leave law. We summarized the key components of the emergency law, which was enacted on March 18, 2020 and became effective immediately, in a previous blog post. In short, employers are immediately obligated to provide certain paid/unpaid leave (with duration and pay status varying based on the employer’s size), job protection, and expanded paid family leave and disability benefits to employees who are subject to a government-issued order of mandatory or precautionary quarantine or isolation due to COVID-19.
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COVID-19 Updates in the DMV: Guidance for D.C., Maryland & Virginia Employers
April 23, 2020 | Blog | By Danielle Bereznay
With the rapid spread of COVID-19 throughout the United States, the federal and state governments have scrambled to adjust existing legislation, or create new legislation, to account for the “new normal.” It is no surprise that many employers, especially those that operate in multiple jurisdictions, are struggling to keep up. Here we have summarized recent COVID-19 related updates in the D.C., Maryland, and Virginia region.
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Part One of the COVID-19 Roadmap Series: Introduction
April 22, 2020 | Blog | By Jennifer Rubin
The rapid onset of the coronavirus crisis stripped many employers of the opportunity to prepare an orderly retreat from the physical workplace. While we do not know what the “normal” post-pandemic American workplace will look like, employers should plan now for this transformation. The Mintz Employment, Labor and Benefits section is pleased to provide this Roadmap for the Post-Pandemic Workplace series that will provide guidance on critical issues employers should focus on as they prepare for what promises to be a very different workplace.
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Updated: Summary of the U.S. Department of Labor’s FFCRA Regulations
April 22, 2020 | Blog | By Nicole Rivers, Michael Arnold
The U.S. Department of Labor (“DOL”) has released its 124-page temporary regulations of the Families First Coronavirus Response Act (“FFCRA”).
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Forthcoming Executive Order Will Bar Green Card Seekers for 60 Days
April 21, 2020 | Blog | By Susan Cohen
CDC Relaxes Self-Isolation Guidelines for Critical Infrastructure Workers
April 20, 2020 | Blog | By Delaney Busch
Employers in essential or “critical infrastructure” industries face significant challenges in maintaining business operations while ensuring the health and safety of their employees and their community. On April 8, 2020, the Centers for Disease Control and Prevention (“CDC”) relaxed its previous guidance on critical infrastructure workers returning to work or continuing to work after being “potentially exposed” to COVID-19. The interim guidelines now allow critical infrastructure workers who have had potential exposure to COVID-19 to return to work more quickly, or to continue working, provided the workers (i) are and remain asymptomatic; and (ii) that their employer(s) implement certain policies and/or protocols to protect their employees, as well as the community.
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Highlights from Three-Agency FAQs about the FFCRA and the CARES Act Relating to Group Health Plans
April 15, 2020 | Blog | By Patricia Moran
On April 11, 2020, the Departments of Labor, Health and Human Services, and the Treasury issued a set of FAQs intended to assist stakeholders grappling with the provisions of the FFCRA and the CARES Act governing group health plans, health insurance issuers, and others. This post reports on the FAQ highlights.
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California’s Local Governments Expand Paid Sick Leave Laws
April 14, 2020 | Blog | By Paul Huston
The cities of Los Angeles, San Francisco, and San Jose have each adopted paid sick leave measures to assist workers not covered by the federal Families First Coronavirus Response Act during the COVID-19 crisis.
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The Impact of the CARES Act on Employee Welfare Benefit Plans, Programs, and Arrangements
April 14, 2020 | Blog | By Patricia Moran
The CARES Act is the third significant piece of federal legislation recently enacted in response to the COVID-19 pandemic. This post focuses on the provisions of the CARES Act that affect welfare benefit plans.
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UPDATED: Leave Tracking and Recordkeeping Under Covid-19: Adjusting for the New Normal
April 8, 2020 | Blog | By Jennifer Rubin
One important question the Families First Coronavirus Response Act (“FFCRA”) and other recent legislative changes raise for employers is how to track and account for employee leaves. While most employers already have systems in place to track employee absences, employers should review their pre-pandemic recordkeeping to account for the “new normal” and new laws. These updates are not only to account for the FFCRA and any other federal or state laws – including the potential application for tax credits – but also, just as importantly, in anticipation of the return to work of the employer’s workforce.
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COVID-19: Handling a Positive Diagnosis in the Workforce
April 8, 2020 | Blog
As the COVID-19 outbreak continues to disrupt normal workplace operations, an increasing number of employers are facing the reality of employees testing positive for the virus – particularly in industries like healthcare, construction, transportation, or retail, where workers cannot necessarily telecommute. Employees may also report to work sick, or become sick at work, and show COVID-19 symptoms. Even though employers may be hoping for the best, it is best to have a plan for the worst. Employers should have clear plans and procedures in place to address confirmed or presumptive COVID-19 cases in the workplace, which will enable employers to take swift, appropriate actions to minimize risk for their employees and operations. The following are guidelines for steps to take in addressing these situations:
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Reduced Operations at U.S. Passport Agencies in Response to COVID-19; Processing Delays Expected
April 2, 2020 | Blog | By Colleen DiNicola
U.S. citizens have several ways to obtain or renew a US passport, and under certain conditions, the process can be completed in as little as 24 hours. However, in response to the COVID-19 pandemic, the U.S. State Department has significantly reduced operations at Regional Passport Agencies and Acceptance Facilities.
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