Welcome to the Trüpp Legal Corner designed to keep business leaders informed of critical employment legislation and case law.
DOL publishes rule clarifying coronavirus leave law
On April 1st, the DOL released a rule that gives clarity on FFCRA regulations. This included clarifications on employees using other leave, such as PTO, along with the expanded family and medical leave, and addressed inconsistencies between the FFCRA and FMLA.
The EEOC approved screening for COVID-19 before employees return to work
In preparation for employees returning to the workplace, the EEOC has made provisions under the ADA, allowing employers to screen for COVID-19 before allowing employees to return to work. Upon return, the EEOC recommends continuing to observe infection control practices such as frequent handwashing and social distancing.
New Form I-9 required but temporary remote verification allowed for some employers
The new Form I-9 went into effect on May 1st, 2020, and must be used for new hires, including bringing back employees who were laid off due to COVID-19. The Department of Homeland Security is temporarily relaxing physical presence requirements until May 19th, 2020, allowing remote verification, but this must be tracked and verified in person within three days of commencement of normal operations.
On April 3rd, 2020, the NY Governor signed the budget for 2021, which included a new statewide paid sick leave requirement. Employers of all sizes will be required to provide sick leave. The number of hours to be provided and whether it must be paid is dependent on company size.