Update on FFCRA and School Openings

1 September 2020

Update on FFCRA and School Openings

Author: Anthony Kaylin

The U.S. Department of Labor issued three new FAQs concerning when FFCRA applies to school openings this fall.  Previously, the DOL covered school closings in March, and there was much uncertainty as to how school openings would be treated under the FFCRA.  

Don’t Write Off Salary Adjustments Yet!

18 August 2020

Don’t Write Off Salary Adjustments Yet!

Author: Jason Rowe

The Coronavirus pandemic has caused many uncertainties in the workplace, and salary budgets are an especially crucial area of concern for many organizations. ASE’s recently released 2020/2021 Salary Budget Survey reveals how employers are responding to this ever-changing market.

Changes to FFCRA Employers Need to be Aware Of

11 August 2020

Changes to FFCRA Employers Need to be Aware Of

Author: Anthony Kaylin

The FFCRA applies to U.S. employers with fewer than 500 employees.   Last week a district federal court in New York overturned some provisions of the interim FFCRA rules.  These interim rules for the FFCRA were written quickly, within two weeks of the law.  However, these rules have a shelf life of 12/31/20, but given the uncertainty of the COVID-19 vaccinations, it may be extended into another year.  In the meantime, employers that are covered under these rules need...
DOL Muddies Waters for Employers Trying to Get Reticent Employees Back to Work

28 July 2020

DOL Muddies Waters for Employers Trying to Get Reticent Employees Back to Work

Author: Michael Burns

One of the more downplayed situations some employers are facing while re-opening is the fact that some workers are not returning to work when offered re-employment. These workers have been on layoff and received both state unemployment (in Michigan up to $362/week) and the federal Coronavirus Aid, Relief and Economic Security (CARES) Act $600 weekly benefit – sometimes resulting in the employee receiving more money for not working.

Outside Sales Exemption Gets Three DOL Opinion Letter Reviews

30 June 2020

Outside Sales Exemption Gets Three DOL Opinion Letter Reviews

Author: Michael Burns

In the world of Wage and Hour law exemption determination there is the Fair Labor Standards Act (FLSA) that is the law on what jobs are “exempt” from most recordkeeping and payment of overtime for work over 40 hours in a week.

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

30 June 2020

The Supreme Court’s LGBTQ Decision Impacts Employer Sponsored Health Plans

Author: Anthony Kaylin

Last month’s Bostock decision ruled that Title VII of the 1964 Civil Rights Act protects LGBTQ rights.  This decision has a number of subtle impacts that employers need to be cognizant of, including compensation and by extension employer sponsored health plans.

Employees Under 59 ½ Can Take Retirement Plan Distributions Without Penalty Under CARES Act

23 June 2020

Employees Under 59 ½ Can Take Retirement Plan Distributions Without Penalty Under CARES Act

Author: Michael Burns

The Coronavirus Aid, Relief, and Economic Security (CARES) Act was passed in response to the COVID-19 pandemic. This law allows retirement plan participants access to their retirement plans through plan account distributions and loans that do not suffer the 10% penalty tax usually assessed for early distributions from plans. 
New Fluctuating Workweek Rule Allows Employers More Options as Employee Work Schedules May Change

26 May 2020

New Fluctuating Workweek Rule Allows Employers More Options as Employee Work Schedules May Change

Author: Michael Burns

Last week the U.S. Department of Labor (DOL) published its final rule addressing compensation for non-exempt employees that work flexible or “fluctuating” workweeks. This new rule updates the DOL’s regulations where it outlined how overtime is calculated for salaried non-exempt workers whose hours vary by week. This new rule became effective on 5/20/2020.

If Employees Get Sick With COVID-19 When We Return to Work, Are Employers Liable?

5 May 2020

If Employees Get Sick With COVID-19 When We Return to Work, Are Employers Liable?

Author: Anthony Kaylin

The biggest fear for employers is what to do if an employee who came back to work is later diagnosed with COVID-19.   Are employers liable for these situations? 

DOL Releases Temporary FFCRA Regulations Clarifying Employer Coverage and Documentation Requirements

7 April 2020

DOL Releases Temporary FFCRA Regulations Clarifying Employer Coverage and Documentation Requirements

Author: Kevin Marrs

On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (FFCRA), which creates two new emergency paid leave requirements in response to the COVID-19 global pandemic.  
Update: EPLSA and Shelter in Place Order

7 April 2020

Update: EPLSA and Shelter in Place Order

Author: Anthony Kaylin

After the publication of last week’s article, which was written before temporary regulations by the U.S. Department of Labor were published in the Federal Register on April 1, it appears that the answer to the question – Will Governor Whitmer’s Executive Order Requiring Shelter in Place Trigger the Emergency Paid Sick Leave Act (EPLSA)? – is now yes. These temporary regulations are effective April 1 and last until December 31, 2020, and there is no 30-day notice and...
U.S. Labor Department Gives State’s Ability to Extend Unemployment Benefits to Cover Loss of Jobs Due to Coronavirus

17 March 2020

U.S. Labor Department Gives State’s Ability to Extend Unemployment Benefits to Cover Loss of Jobs Due to Coronavirus

Author: Michael Burns

There are a lot of moving parts that HR has to stay on top of to effectively respond to the impact and fallout of the COVID-19 pandemic. ASE is keeping up on the employer end of this topic with a dedicated Coronavirus webpage. A survey on employer practices is being conducted to help with planning and decisions. Some preliminary data pertaining to employers’ actions around layoffs and unemployment is provided below.  ASE is also adding new classes and webinars designed to keep...
Employers Expanding Paid Leave

3 March 2020

Employers Expanding Paid Leave

Author: Anonym

According to new survey from Business Group on Health, a majority of large employers here in the U.S. are working to expand their paid leave benefits.  The 2020 Employers’ Leave Strategy and Transformation Survey found that most employers are adding or considering new types of paid leaves or increasing the number of days available for leave.   In 2019 39% of the responding employers expanded their paid leave benefits with 38% planning to do so in 2020 and 35% looking even...
The Ultimate Employee Perk – Travel Stipends

18 February 2020

The Ultimate Employee Perk – Travel Stipends

Author: Kristen Cifolelli

It’s winter and we still have a long way to go.  Many of us will look out the window at the cold and gray and imagine being somewhere warm and on the beach.  How would you like to work for an employer that actually provides you money on top of your paid time off to take that dream vacation?  The newest perk some generous employers have rewarded their employees with are travel stipends, or as some call it, “paid, paid vacation” that helps to take care of...
Fringe Benefits are Changing Faster than Ever

11 February 2020

Fringe Benefits are Changing Faster than Ever

Author: Jason Rowe

With today’s tight labor market, employers are turning over any stone they come across to find the next benefit program that allows them to attract and retain employees. Remote working and flexible work environments do not have the same enticing properties that they did even a few short years ago since these programs are now becoming an expected benefit by many employees rather than a perk.

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