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MORE COVID-19 LITIGATION IS HERE- ARE YOU AT RISK?

The coronavirus pandemic has spawned hundreds of employment-related charges and lawsuits, including dozens of class actions.


NEW EEOC GUIDANCE - PART IV: CONFIDENTIALITY OF EMPLOYEE MEDICAL INFORMATION

On Monday we blogged about the EEOC's updated guidance on the COVID-19 pandemic regarding testing and medical exams.  As we previously blogged about in Part I: here, Part II: here and Part III: here, the EEOC has issued multiple Q&As regarding testing, the ADA, and accommodations during these last 6 months.  The complete guidance and EEOC FAQs can be found here.

NEW EEOC GUIDANCE - PART III: COVID-19 TESTING AND MEDICAL EXAMS

On September 8 the EEOC provided employers with additional guidance on the COVID-19 pandemic.  As we previously blogged about in Part I: here and Part II: here, the EEOC has issued multiple Q&As regarding testing, the ADA, and accommodations during these last 6 months.  The complete guidance and EEOC FAQs can be found here.

IMPORTANT NEWS FOR FFCRA EMPLOYERS: DOL UPDATED RULE RE FFCRA LEAVE ISSUED

On Friday, September 11, 2020, the DOL updated its regulations regarding the Families First Coronavirus Response Act (FFCRA), clarifying certain provisions that were previously struck down by a federal court in the Southern District of New York. The updated Rule takes effect September 16, 2020. The complete text of the Rule be found here.

Questions Remain Following IRS Guidance on Payroll Tax Deferral

Earlier this month President Trump issued a memorandum directing Treasury Secretary Mnuchin to allow for the deferral of the withholding and remittance of the employee portion of federal payroll taxes from September 1, 2020 through December 31, 2020 for workers earning less than $4,000 bi-weekly. With the memorandum taking effect on September 1 and no guidance from the U.S. Department of Treasury, employers and payroll processers were left asking questions.


NEW DOL GUIDANCE ON SCHOOL REOPENING AND FFCRA

Just in time for back-to-school, the U.S. Department of Labor (DOL) published responses to three new frequently asked questions regarding paid leave under the Families First Coronavirus Response Act (FFCRA) for the reopening of schools.  (Note: The DOL has not yet addressed the New York federal judge's ruling earlier this month which invalidated several provisions of the FFCRA, which we blogged about here.)  The DOL also issued a letter providing guidance to states on Pandemic Unemployment Assistance (PUA) benefits available for parents unable to work due to remote learning.   

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