Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

On July 29, 2020, the U.S. District Court for the Southern District of New York issued an injunction immediately blocking the U.S. Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) from enforcing the Trump administration’s new public charge rule during the COVID-19 pandemic. The district court found that the extraordinary circumstances surrounding the pandemic warranted temporary relief and that the public charge rule impeded the nation’s efforts to mitigate the effects…
On August 8, 2020, President Trump issued a memorandum with the stated purpose of providing “further temporary relief … to support working Americans” by enabling the deferral of employee Social Security taxes for specific individuals. Specifically, the “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster” directs the Secretary of the U.S. Department of the Treasury to defer (not suspend) the withholding, deposit, and payment of the employee component…
In this podcast, Kelly Cardin and Sarah Platt discuss the various strategies available to employers as their employees deal with return to school issues. The speakers address the applicability of the Families First Coronavirus Response Act (FFCRA) and the Family and Medical Leave Act (FMLA), the state and local laws that may provide paid leaves of absence, and other options that employers may want to consider implementing.…
On August 8, 2020, President Donald Trump issued a memorandum, which establishes a “lost wages assistance program” to help workers affected by the COVID-19 pandemic by dipping into the U.S. Department of Homeland Security’s (DHS) Disaster Relief Fund (DRF). If a state agrees to participate in the program, covered individuals will receive an additional $300 per week in addition to their existing unemployment benefits. The “Memorandum on Authorizing the Other Needs Assistance Program for
On August 3, 2020, the United States District Court for the Southern District of New York upended several employer-friendly limitations in the U.S. Department of Labor (DOL) regulations implementing the Families First Coronavirus Response Act (FFCRA). Specifically, the court struck down the DOL’s regulations regarding: (1) the requirement that employers actually have work available for employees in order to be eligible for leave; (2) the broad definition of “health care provider” under the final rule;…
On July 7, 2020, the Government of Alberta proposed important changes for workplaces through Bill 32, the Restoring Balance in Alberta’s Workplaces Act, 2020 (Bill 32). The stated purpose of Bill 32 is to increase investment in Alberta’s workforce and to reduce the administrative burden for employers. On July 29, 2020, Bill 32 received Royal Assent. Bill 32 will result in amendments to Alberta’s Labour Relations Code and Employment Standards Code. These changes continue to…
Legislative Relief Package Stalls. The Buzz recently predicted that negotiations over a fourth COVID-19 legislative relief package would be like an immovable object facing an unstoppable force. Unfortunately, it appears that this prediction is coming true, as our elected officials in Washington, D.C. don’t appear to be any closer to a deal than they were several months ago. As a result, President Donald Trump announced that he is preparing executive orders concerning a payroll…