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Dykema Labor & Employment Law Blog

Dykema Labor & Employment Law Blog

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USCIS Proposes 10% Surcharge on Filing Fees

The USCIS on Friday, May 15, sent a request to Congress for $1.2 billion in emergency funding, proposing to pay it back with a 10% surcharge on application filing fees. The immigration service is entirely funded by these filing fees and has seen a significant drop in applications due to the coronavirus pandemic. It said in the statement it expects a 61% drop in revenue through the end of the fiscal year. Read More ›

Results of Dykema’s 2020 COVID-19 Employer Survey

The COVID-19 pandemic brings many increased challenges for employers, including questions regarding the Families First Coronavirus Response Act (FFCRA), complications with layoffs and furloughs, variances in state regulations, and uncertainty of return to work. Dykema canvassed employers to gather collective experience to learn from each other how best to address these various issues and embrace new best practices as businesses adapt to the “new normal.” Read More ›

Bringing Employees Back to Work Post-COVID-19: What Is Michigan’s Work Share Program and Should Employers Take Advantage of It?

As Michigan employers begin to think about how many employees to bring back to work, one option to consider is Michigan’s Work Share program, whereby total work hours are spread across a large group of employees as opposed to having fewer employees return to work on a full-time basis. Read More ›

Paycheck Protection Program Loan Forgiveness Not Impacted by Employees Who Won’t Return to Work, If Properly Documented

As borrowers use their loan proceeds from the Paycheck Protection Program (PPP) to continue or restore payroll and call back laid-off employees, they may encounter reluctance or refusal by employees to return to work, which could impede borrower’s ability to obtain full forgiveness on their PPP loan. Borrowers looking toward full forgiveness of the loan amount must maintain a staffing level[1] during the eight-week period following the funding of the loan at the level maintained during a comparative period preceding the loan, as described in Section 1106(d)(2) of the CARES Act.[2] Read More ›

New Version of I-9 Required as of May 1, 2020

Dykema would like to remind U.S. employers that they must use the October 21, 2019, version of the I-9 Employment Eligibility Verification form beginning May 1, 2020. Since January 31, 2020, employers were allowed to use either the July 17, 2017, or October 21, 2019, version of the form. These dates are indicated in mm/dd/yy format in its bottom left corner. The Form I-9 is used to confirm the identity and employment authorization of people hired as employees by U.S. employers.  Read More ›

DOL Issues More FFCRA Compliance Guidance on Paid Leaves

Guidance Focuses on Concurrent Leave Issues, Hours to be Paid During Leaves, and Regular Rates of Pay Applicable

Now that covered employers are providing paid leaves under the Families First Coronavirus Act (the “FFCRA”), more questions about the FFCRA’s nuances are surfacing. In an effort to further guide employers who are trying to navigate the new law, the Department of Labor has added to its growing list of FAQs about the FFCRA, which includes clarification of some of its earlier answers. The substantive changes are contained in FAQs 80 through 88, in which the DOL focuses on the calculation of available leave time and regular rates of pay to be used for FFCRA paid leaves. The following will highlight these new guidance topics. Read More ›

President Trump Issues Proclamation Barring Intending Immigrants From U.S. for 60 Days

After stating he planned on issuing an Executive Order earlier this week, President Trump yesterday issued a proclamation barring intending immigrants from the United States for 60 days beginning at 11:50 p.m. on April 23, 2020. It states it is intended to help U.S. workers facing high levels of unemployment due to the Coronavirus. Read More ›

Employers Beware: COVID-19 Will Not Excuse Wage or Labor Fixing Agreements

The United States Department of Justice (DOJ) and the Federal Trade Commission (FTC) have made it clear that they will act to protect employees on the front lines of the battle against COVID-19. On the one hand, as we explained in a prior client alert, they previously announced pre-clearance procedures and other guidelines intended to make it easier for companies to collaborate in legitimate, pro-competitive ways. In their latest announcement, the DOJ and FTC warned that they would not hesitate to protect all employees from companies that use COVID-19 as an excuse to collude in fixing wages, benefits, hours worked, or other aspects of employment. Given the government’s prior focus on antitrust issues in the labor market, including their prior indication that they will pursue criminal remedies where appropriate, employers must be more careful than ever to ensure that they do not run afoul of antitrust laws in this area. Read More ›

Ironing out the Details: The Department of Labor Updates and Adds to Its FFCRA Guidance Faqs

As employers try to comply with the new Families First Coronavirus Response Act’s (FFCRA) paid sick leave and expanded family and medical leave requirements, the Department of Labor has thrown them a curveball by quietly changing the answers to some of its Guidance about the FFCRA as well as adding 19 more FAQs to its prior compendium. These changes and additions focus on a) how an employer’s existing PTO policy may interact with the FFCRA, b) the definition of first responder, and c) the treatment of employees currently on non-FFCRA leaves of absence. Here are some highlights: Read More ›

Michigan Governor Issues Executive Order Creating Protected Class of COVID-19 Positive Employees

In an apparent attempt to further reduce the spread of COVID-19 in Michigan, on Friday, April 3, Michigan Governor Gretchen Whitmer issued Executive Order 2020-36, which provides protection to all employees who stay home when they are at “particular risk” of infecting others with COVID-19. While this latest Order is well-intentioned, as implemented it may create significant impediments for employers who are attempting to staff positions in critical industries, and particularly for private sector employers with fewer than 500 employees who are required to provide benefits under the recent federal paid leave laws. Read More ›