Porzio - Employment Law Monthly - A Year in Review 2021

Page 43

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The Employer’s Life Vest For The American Rescue Plan Employment Law Monthly - April 2021 Authored by Janelle Edwards-Stewart What you may have heard. The American Rescue Plan Act (ARPA), which was signed into law on March 11, 2021, cost $1.9 Trillion. It will deliver payments of $1,400 to individuals, $2,800 to married couples, and $1,400 for each dependent.

What you need to know. Besides offering aid to individuals and families, the ARPA brings aid and obligations to public and private employers. Building on previously enacted aid measures from 2020 (i.e., the Coronavirus Aid, Relief, and Economic Security (CARES) Act; the Families First Coronavirus Response Act (FFCRA); and the Consolidated Appropriations Act (CAA)), the ARPA contains key provisions that benefit businesses and employees by, among other things, expanding leave availability, incentivizing and enabling employee retention, and providing direct aid for business operations. (1) PAID LEAVE Employers may provide additional paid sick and family leave for illness, quarantine, and caregiving. Following the December 31, 2020 expiration of the FFCRA’s paid sick and family leave mandate, employers could voluntarily provide such leave, and receive refundable tax credits, through March 31, 2021. The ARPA expands these voluntary FFCRA offerings and makes corresponding tax credits available through September 30, 2021.


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Reductions in Force: Recent Developments and Statutory Guidance Impacting Public Employers

7min
pages 54-56

Giallombardo v. Kyriak: A Clarification Of The Punitive Damages Standard

2min
page 57

Impact of the Legalization of Marijuana on Public Employers

4min
pages 52-53

Recreational Cannabis Law

5min
pages 49-51

• “No Credible Threat” of Federal Liability: NJ Supreme Court Orders That Employer Reimburse Injured Employee’s Costs for Medical Cannabis • Adult-Use Cannabis and Employee Protections: The Difficulties of Enforcing New Jersey’s Proposed

2min
page 48

• The U.S. Equal Employment Opportunity Commission Proposes New Rules Governing Workplace Wellness Incentives

3min
page 47

The Employer’s Life Vest for the American Rescue Plan

7min
pages 43-46

• There Are Zero Reasons Not To Enforce Zero-Tolerance Policies Prohibiting Discriminatory Workplace Language

6min
pages 40-42

Independent Contractors Based Upon “Economic Realities”

3min
pages 35-37

Misclassification of Employees As Independent Contractors Recently Became More Costly

3min
pages 30-31

• The Joint Employer Merry-Go-Round Comes Full Circle: The USDOL Proposes to Change the FLSA Joint Employer Rules Yet Again • U.S. Department of Labor Issues New Final Rule Setting Forth Test For Classifying Workers As

7min
pages 32-34

Updates in Federal Agency COVID-19 Guidance for Employers: Where We Are in February 2021

10min
pages 24-29

Employers Will Soon Face Increased Scrutiny Of Restrictive Covenants With Employees

4min
pages 38-39

CDC Guidance Update For Vaccinated Individuals/Employees

1min
page 23

President Biden Takes a Tough Stand On Employer-Mandated Vaccination And Testing

1min
page 13

Who Refuse To Be Vaccinated

7min
pages 20-22

Executive Order No. 271 – Vaccination or Testing Requirement for Employees of State Contractors

2min
page 10

Employees Mandated to Provide Proof of Vaccination – Now What?

6min
pages 8-9

Compulsory COVID-19 Vaccination Policies in the Employment Context • What Employers Need To Know About Mandatory Vaccine Policies And What To Do With Employees

9min
pages 16-19

Federal Vaccine Mandate for Large Employers

1min
page 7

Federal And State Governments Expand Vaccine And Testing Mandates For Employees

3min
pages 11-12

State of New Jersey Mandates Vaccinations/Testing for Certain Workplaces

1min
pages 14-15
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