DOL Issues Model COBRA Notices and FAQs Related to ARPA

As we discussed in our client alert, on March 11th, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”), which, among other things, requires an individual’s former employer or the insurance company (depending on the type of plan) to cover the full cost of COBRA premiums for any period of coverage between April 1, 2021 and September 30, 2021 (the “COBRA Subsidy”) for an eligible employee (generally, someone who was involuntarily separated or who had a reduction in hours). The employer or insurance company that pays these premiums may claim a tax credit to defray the cost of the premiums. ARPA also creates a Special Election Period where all individuals who lost group health insurance coverage within the past 18 months due to an involuntary separation or reduction in hours are required to receive notice of the COBRA Subsidy and their ability to elect COBRA by May 31, 2021. On April 7, the Department of Labor (“DOL”) issued the model notices as well as Frequently Asked Questions (“FAQs”) related to ARPA and COBRA.

Kristina GrimshawApril 12, 2021COBRA, Virus, Pandemic

NY Department of Labor Issues Guidance on COVID Vaccine PTO

As we alerted you in our recent advisory, New York now requires employers to provide employees paid time off to get COVID vaccines. In recent guidance, the New York Department of Labor clarified some of the details around this new requirement.

Tonianne FlorentinoMarch 31, 2021Vaccine, Virus, Paid Time Off, Pandemic

Implications of the American Rescue Plan Act of 2021 for Employers: COBRA Subsidies & FFCRA Expansion

On March 11th, President Biden signed the American Rescue Plan Act of 2021 (“ARPA”). Employers should take note of two ARPA provisions in particular: (1) Mandatory COBRA premium subsidies and (2) the expansion and voluntary extension of FFCRA leave.

Amanda BakerMarch 23, 2021COBRA, Virus, Pandemic, Paid Time Off, FMLA

New York City Amends Fair Chance Act, Further Limiting NYC Employers’ Ability to Consider Criminal History of Applicants and Employees

In addition to navigating compliance with the technical requirements of the federal and New York State Fair Credit Reporting Acts, New York City employers have long wrestled with state and city laws regulating the extent to which they can inquire about and consider the criminal history of their employees and job applicants. New York City recently enacted amendments to the NYC Fair Chance Act that will further restrict employers’ ability to consider the criminal history of applicants and employees when making employment decisions. This alert summarizes these new requirements, which will go into effect this summer.

Amanda BakerMarch 19, 2021Criminal History, Recruiting, Background Checks

NYS Legislature Passes Paid COVID Vaccination Leave Law

Last week, the New York State Legislature passed a bill which would provide paid leave to employees of private employers to be vaccinated against COVID-19. The law requires employers to provide employees with up to four hours of paid time off per vaccine injection unless the employee receives a greater amount of paid time off under a collective bargaining agreement or pursuant to the employer’s policies.

Kristina GrimshawMarch 8, 2021Pandemic, Virus, Vaccine, Paid Time Off

New York State Issues Guidance on Use of COVID-19 Sick Leave

Since March 2020, New York State law has required employers to provide job protected sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 and who are unable to telework (“COVID-19 Sick Leave”). Last week, the New York State Department of Labor issued additional guidance that appears to significantly expand employees’ entitlement to COVID-19 Sick Leave.

Amanda BakerJanuary 27, 2021Sick Leave, Pandemic, Employee Health