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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, …
Continue reading “All Aboard the U.S. Immigration Merry-Go-Round!”
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 …
With the exception of certain low-risk industries, many employers with more than 10 employees, especially those employers engaged in manufacturing, are required under law to keep a record of serious work-related injuries and illnesses. In our current climate, questions arise: is COVID-19 a “recordable illness?” And under what circumstances should employers record? Under its May …
On March 18, 2020, United States Customs and Immigration Services (“USCIS”) temporarily suspended in-person services at their field offices, asylum offices and application support centers (ASCs) in response to the coronavirus (COVID-19). USCIS, however, continued to accept petitions, applications and requests while the offices were closed, and continued to perform all work not requiring in-person …
Continue reading “USCIS COVID-19 Response: An Overview of the Resumption of In-Person Services”
On June 17, 2020, the Government of Ontario indicated an intention to join the list of jurisdictions that have enacted legislation protecting businesses from lawsuits related to the COVID-19 pandemic. The government has been short on specifics as to what sectors of the economy might be covered by such legislation, and how it might affect …
Continue reading ““Good Faith” Immunity to COVID-19 Lawsuits in Ontario”
Businesses are gradually starting to re-open around the United States. While the past months have been unprecedented and created numerous challenges for employers, it is important to remember that employment laws generally do not have any exceptions for pandemics. For example, even though older persons appear to be more susceptible to COVID-19, employers may not …
Continue reading “Preparing for the Worst: Issues in Employment Law for Re-Opening Businesses”
On Wednesday, May 20, 2020, Jeff Beemer and I conducted a webinar of the same title as this blog, which you can register to access here. In that webinar, we discussed the top concerns employers face as they seek to re-open their businesses under the relaxed stay-at-home orders and re-up their workforces. This blog will …
Continue reading “What Employers Can Expect When Re-Opening Amidst COVID-19”
The DOL and IRS recently issued final regulations (the “Final Rule“) that extend notice and premium payment periods for participants and plans under COBRA. Specifically, a group health plan must disregard the period from March 1, 2020 through 60 days after the announced end of the COVID-19 national emergency (the “Outbreak Period”) in determining, among …
Continue reading “Benefits Briefs in the Time of COVID-19, Part 8: COBRA Complications”
The COVID-19 pandemic has employers strategizing on how to retain valuable employees while addressing declines in demand for the company’s products or services. Some employers have placed employees on unpaid leave status instead of terminating the employee’s service. Employers may call this unpaid leave a layoff or a furlough. This benefits brief describes how the …
Section 125 cafeteria plan elections are irrevocable for the plan year unless the participant experiences a change in status or other event that allows an election change under the Section 125 regulations. Common status change events that may be occurring due to the pandemic include the following: A commencement of an unpaid leave of absence. …