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New York State Paid Sick Leave Law

By Lisa Calick All New York State employers will soon need to abide by a new paid sick leave law, which takes effect on September 30, 2020.  Whereas local jurisdictions such as New York City and Westchester County have existing paid sick leave laws in effect, there was previously no statewide mandate. The amount of sick time provided will vary based on the employer’s size and net income from the previous tax year: Employers with 4 or fewer employees, and a net income of $1 million...

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FFCRA Paid Leave Update: Return to School

By Lisa Calick On August 27, 2020, the United States Department of Labor issued new guidance in the form of three additional FAQs to define when a school is considered closed for purposes of leave entitlements under the Families First Coronavirus Response Act. The additional guidance covers three scenarios: Hybrid Learning When the school operates through hybrid learning, students attend in-person on certain days and through remote learning on other days.  In these situations, the...

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HR Compliance Checklist

By Lisa Calick Regardless of a company’s size, it is important to make sure that its policies and practices comply with employment laws that exist at the Federal, State, and Local levels.  Doing so will help to minimize liability and risk. Below are some key areas that a company should pay close attention to. Hiring and Onboarding Have job descriptions and job postings been reviewed to ensure they are current and contain accurate information? If employment applications are used,...

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Families First Coronavirus Response Act Paid Leave Update: Summer Childcare

By Lisa Calick With the passage of the Families First Coronavirus Response Act (FFCRA) earlier this year, employers have been addressing their obligations to provide employees with paid leave for various COVID-19 related reasons, including leave for employees who are not able to work or telework due to a need to care for a child whose school or place of care is closed as a result of the pandemic. Now that the school year has ended, it is important for employers to understand that...

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HR Alert:  New Jersey Issues Poster Regarding Employee Misclassification

By Lisa Calick A new mandatory poster has been made available for New Jersey businesses.  Earlier in the year, Governor Murphy signed into legislation new laws intended to combat worker misclassification.  Part of that package included a requirement for companies to conspicuously post a notice, which has now been released.  While the notice is to be placed at the worksite, there has been no guidance on how to handle that process in our current environment with so many companies operating...

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Frequently Asked Questions About the Families First Coronavirus Response Act

By Lisa Calick I’ve been forced to furlough my employees due to a slowdown in business operations.  Are they still eligible for the leave entitlements as part of the Families First Coronavirus Response Act? Unfortunately no.  If you have furloughed your employees because there is not enough work for them, they are not entitled to take paid sick leave or expanded family and medical leave under the Act.  They may, however, be eligible for unemployment benefits through your State. Many...

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New Jersey’s Amended Family Leave and Temporary Disability Laws

By Lisa Calick In response to the ongoing COVID-19 pandemic, on April 14, Governor Murphy recently signed into law new amendments to the New Jersey Family Leave Act (NJFLA) and New Jersey Temporary Disability Benefits Law (NJTDBL) to provide additional coverage for employees whose need for leave relates to an epidemic of a communicable disease, known or suspected exposure to a communicable disease, or efforts to prevent the spread of a communicable disease. The NJFLA had previously...

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Workforce Reduction Considerations: Layoff vs Furlough

By Lisa Calick Many businesses are struggling to manage their workforces in the current climate.  While recently passed economic stimulus packages have provided incentives for companies to retain their employees, in many cases companies have had significant business interruptions and still may be forced to consider letting some employees go.  Business owners may be considering layoffs or furloughs, but may not understand the difference. A layoff is a separation from payroll and may...

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Family First Coronavirus Response Act

By Lisa Calick President Trump has now signed into law the Families First Coronavirus Response Act, providing emergency economic relief and support to American workers who may be impacted by the COVID-19 pandemic.  The Act applies to businesses with less than 500 employees and will take effect on April 2, 2020. There are two main aspects of the Act as outlined below: Emergency Paid Sick Leave This portion of the Act allows eligible employees to take two weeks of paid sick leave in...

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Coronavirus Relief Update for Employers in New York and New Jersey

By Lisa Calick Like many of you, we have been working to keep up with current news regarding information for businesses and their employees. The speed at which there are changes and announcements at the federal and state levels is rapid, and our goal is always to relay that information. Federal, state and local governments are working to develop financial aid packages to help businesses that are struggling as a result of the pandemic.  As companies struggle with how to continue their...

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