NAVIGATING US AND GLOBAL EMPLOYMENT LAW
Join us Thursday, April 30 for our next COVID-19 webinar as we discuss the challenges US employers will face when bringing employees back into the workplace while maintaining appropriate safety. The webinar will cover eight key considerations for employers to address in planning for a reopening of the workplace.
…
On April 22, 2020, the President signed a Proclamation to suspend the issuance of immigrant visas (i.e., non-temporary visas) for the next 60 days to individuals who are currently outside of the United States and do not currently have an immigrant visa. The proclamation is not a broad restriction on all immigration that many feared might be the case from comments earlier this week. Since Embassies and Consulates remain closed, the status for immigrant visa applicants abroad remains unchanged. Yet, as we saw with the 2017 Buy American and Hire American Executive Order, the most recent Proclamation, intended to protect the U.S. workforce amidst the COVID-19 related economic downturn, could have a much wider impact beyond the narrow scope of the proclamation itself.
Who is impacted?Continue Reading Immigration in the News: Latest COVID-19 Related Executive Order on Immigration Impacts Immigrant Visa Applicants Abroad
The COVID-19 pandemic has caused a rapid, severe, and unprecedented disruption to the movement of workers around the globe. In an effort to impede the spread, many governments have implemented travel and immigration restrictions that have impacted visa processing, work authorization, and cross-border entry for foreign nationals employed by multinational companies.
In order to allow…
With signs that the virus is peaking in the US, and with some state Shelter-in-Place Orders scheduled to be lifted in the coming weeks, employers are turning their attention to planning for how best to bring employees back to work.
As with the initial outbreak, US employers can look to other corners of the world…
Are They Right For You?
As the COVID-19 pandemic continues to wreak havoc on the global economy, United States employers are continuing to examine ways to reduce costs while at the same time both limiting the financial impact on employees and preserving their ability to ramp back up when circumstances allow. State short time compensation programs, also known as work share programs, provide one avenue for cost savings that may be appropriate for some employers.
Where available, these programs provide pro-rated unemployment compensation benefits to groups of workers whose hours are reduced by their employer on a temporary basis in lieu of layoffs. In addition, the recently passed Coronavirus Aid, Relief and Economic Security Act (“CARES Act”) provides a federally-funded $600 per week unemployment compensation supplement to those who participate in such programs through July 31, 2020.
This Alert provides additional details about state short time compensation programs and answers frequently asked questions about the pros and cons of participation.
Where are short time compensation programs available?
Currently, the following 27 jurisdictions have short time compensation programs in place: Arizona, Arkansas, California, Connecticut, District of Columbia, Florida, Iowa, Kansas, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire, New Jersey, New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Vermont, Washington and Wisconsin. The CARES Act provided federal funding for other states to enact short time compensation programs, so additional states may do so in the near term.Continue Reading Short Time Compensation (Work Share) Programs
With our thanks to Chris Guldberg for this post.
The financial fallout from the outbreak of COVID-19 has unfortunately forced employers to turn to layoffs and furloughs. Many employers facing these decisions are looking for cost effective ways to mitigate the financial impact on affected employees. A supplemental unemployment benefit plan (“SUB Plan”) may be one way to assist employees while generating some cost savings for the company.
A SUB Plan is a unique type of severance benefit plan that permits employers to supplement state unemployment benefits on an employment tax-favored basis. The employer can make up the difference between an employee’s normal wages and state unemployment benefits and, unlike traditional severance, payments under a SUB Plan are treated as a benefit rather than wages and are thus not subject to FICA or FUTA for the employer or employee.Continue Reading An Alternative to Traditional Severance: SUB Plans
On Monday, we reported the Illinois Workers’ Compensation Commission’s (IWCC) Emergency Rule that expanded eligibility requirements for workers’ compensation benefits. On April 16, 2020, however, the IWCC, approved changes to the Emergency Rule effective immediately. The Amendments:
In the wake of the global pandemic, many companies need to take quick action to reduce costs. This 40 minute webinar, co-hosted by the ACC Southern California Chapter, outlines the various cost-cutting strategies available to employers in the US, and walk participants through the major considerations necessary to minimize legal risk. Our speakers discuss how…
Due to the coronavirus and the resulting travel restrictions, many foreign nationals may be unwilling or unable to return to their home country. This unfortunate reality is particularly problematic for foreign nationals whose immigration status may be expiring in the near future and are unable to extend their status. Thus far, the U.S. Department of Homeland Security has issued no policies or other guidance granting widespread relief for foreign nationals with upcoming immigration status expirations. Nevertheless, if a foreign national’s immigration status is expiring in the near future, there are a few actions that can be taken at this time.
Contact the Nearest Embassy or Consulate for Your Home Country
Foreign nationals should first contact the nearest Embassy or Consulate of their home country to determine if any assistance is being provided by their home country to similarly positioned travelers. A foreign national’s home country may have options for returning to the foreign national’s home country that are only available to citizens. These kinds of options may offer the best chance to return to the foreign national’s home country in the short term.Continue Reading Options Available to the ‘Stranded’ Traveler in the US
On Monday, April 13, 2020, with less than 24 hours’ notice, the Illinois Workers’ Compensation Commission issued an emergency ruling (the “Rule”) expanding eligibility requirements for workers’ compensation benefits. Under the Rule, which will last a maximum of 150 days, certain categories of workers who claim to have been exposed to or who have contracted COVID-19 because of their job are automatically presumed to be telling the truth so they can receive workers’ compensation benefits. Prior to the ruling, Illinois employees injured on the job needed to prove their injury or illness was directly caused by their work.
The Rule only applies to proceedings before the Commission brought by workers specifically identified by the Rule:Continue Reading COVID-19 Exposure or Diagnosis May Make Some Employees Automatically Eligible for Illinois Workers’ Compensation Benefits
