What the American Rescue Plan Means for Employers

The American Rescue Plan (ARP) provides $1.9 trillion dollars in economic stimulus for individuals, certain companies, and municipalities. This blog focuses specifically on what the ARP means for employers. First Coronavirus Response Act (FFCRA) As of January 1, 2021, employers who were originally covered under the FFCRA (employers with fewer than 500 employees) were no …

No Shoes, No Shirt, No Mask, No Service

On March 2, 2021, Texas Governor Greg Abbott issued Executive Order (GA-34), which went into effect on March 10, 2021, lifting the mask mandate in Texas and increasing capacity of all businesses and facilities to 100%. When Governor Abbott made this announcement, nearly 5.7 million COVID-19 vaccination shots had been administered throughout Texas. Despite Governor …

New OSHA Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace

In response to President Biden’s Executive Order requiring action to protect workers amid the COVID-19 pandemic, the Occupational Safety and Health Administration (“OSHA”) released a comprehensive new guidance document for employers, titled: Protecting Workers: Guidance on Mitigation and Preventing the Spread of COVID-19 in the Workplace. Although much of the guidance document focuses on safety …

The DOL’s Updated Guidance on the Expired FFCRA—It Will Still Enforce Pre-December 31, 2020 FFCRA Violations

As relayed in our late December piece titled: “It’s Official, the FFCRA Expires This Year. Tax Credits Available to Employers that Voluntarily Provide Paid Leave for COVID-19 Absences,” mandated FFCRA paid leave expired on December 31, 2020; however, per the federal government’s new stimulus bill (The Consolidated Appropriations Act, 2021 referred as the “Act”), as …

It’s Official, the FFCRA Expires this Year. Tax Credits Available to Employers That Voluntarily Provide Paid Leave for COVID-19 Absences

There were rumors that with the new stimulus deal that Congress would extend FFCRA leave, but that turned out to be fake news. Upon reviewing House Speaker Pelosi’s press release discussing the stimulus deal it became clear that no, the FFCRA would not be extended to provide employees guaranteed paid leave benefits for COVID-19 qualifying …

EEOC Confirms Employers Can Mandate Employees Have the COVID-19 Vaccine…With Restrictions

With the roll-out of the COVID-19 vaccine for mass consumption, we hypothesized in our piece titled “Can Employers Make Employees Get the COVID-19 Vaccine,” that employers would be able to require employees to get the vaccine subject to limited restrictions. We further noted that our guess was based on the Equal Opportunity Employment Commission’s (EEOC) …

Can Employers Make Employees Get the COVID-19 Vaccine?

With two COVID-19 vaccines set to receive federal approval in the United States in the upcoming weeks, the next question is whether employers can make employees receive the vaccine. The short answer is…yes. And while the typical lawyer answer to any question is “it depends,” that concise “yes” does come with a few caveats. So, …

2020 USCIS I-9 Guidance Round-Up

As a result of the ongoing COVID-19 global pandemic, employees continue to work from home in record numbers, and employers continue to scramble to adjust their business operations and employee relations policies to accommodate the so-called “new normal”. Following-up on our earlier news about the US Department of Homeland Security’s (DHS) odd relaxation of certain …

All Aboard the U.S. Immigration Merry-Go-Round!

It’s becoming clichéd at this point to start off saying that 2020 has been an almost unbelievably, non-stop, surprise-filled year, in nearly all aspects of our lives. That’s particularly true for US immigration, but not necessarily only because of the COVID-19 pandemic and its effects on business and the economy. On top of the pandemic, …

I-9 Covid Employment Verification Compliance: ICE announces continuance of I-9 compliance flexibility

On September 14, 2020, U.S. Immigration and Customs Enforcement (ICE) announced an extension of its flexibility provisions related to Form I-9 compliance, which ICE granted earlier this year. The extended flexibility requirements are intended to address situations in which employers’ entire operations are being conducted remotely due to Covid-19 concerns.  The Department of Homeland Security …