DOL | Employee vs Independent Contractor

From Seyfarth on September 22, 2020

DOL Proposes Its First-Ever Interpretation on Independent Contractor vs. Employee

By: Noah A. Finkel, Camille A. Olson, Louisa J. Johnson, and John R. Skelton

For decades, companies have wrestled with whether certain workers must be treated as employees subject to various employment laws and company rules or whether they are appropriately classified as independent contractors with different terms of engagement, work, and pay and tax consequences. Amid a changing economy and evolving business models, companies continue to consider the application of an alphabet soup of federal employment statutes plus the laws of the states in which they do business, many of which contain different definitions of “employee” and conversely “independent contractor,” few of which provide clear guidance on how to meet the definition of independent contractor status.

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CARES Act Reporting Requirements Released

All recipients of payments from the Department of Health and Human Services’ Provider Relief Fund (PRF) are required to comply with the reporting requirements described in the Terms and Conditions and specified in future directions issued by the Secretary.

Providers that received more than $10,000 in grants will have to report on how they spent funds on coronavirus-related expenses and lost revenue in 2020 by Feb. 15, 2021. If providers do not spend all their grant funds by the end of 2020, they will be required to submit a final report on the remaining funds by July 31, 2021.

Any recipient of PRF payments may be subject to auditing to ensure the accuracy of the data submitted to HHS for payment.  Any recipients identified as having provided inaccurate information to HHS will be subject to payment recoupment and other legal action.

For more details, please refer to the Terms and Conditions associated with each payment distribution and the Reporting Requirements and Auditing FAQs.

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JAMA | COVID-19 Medical Leave for EMS in NYC

From JAMA Network Open

Medical Leave Associated With COVID-19 Among Emergency Medical System Responders and Firefighters in New York City

In New York, New York, from March 1 to May 31, 2020, 201 102 individuals were diagnosed with coronavirus disease 2019 (COVID-19), resulting in 51 085 hospitalizations and 16 834 deaths.1 The Fire Department of the City of New York (FDNY), the largest in the US, responds to nearly 1.5 million emergency medical calls per year in a city of more than 8.4 million people. Active paid FDNY responders include 4408 emergency medical service (EMS) responders and 11 230 firefighters. These FDNY responders are required to don personal protective equipment before patient contact per US Centers for Disease Control and Prevention guidelines.2 In this cohort study, we compared medical leave of FDNY responders during the pandemic with prior years.

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Citation

Prezant DJ, Zeig-Owens R, Schwartz T, et al. Medical Leave Associated With COVID-19 Among Emergency Medical System Responders and Firefighters in New York City. JAMA Netw Open. 2020;3(7):e2016094. doi:10.1001/jamanetworkopen.2020.16094

New Hampshire | Hazard Pay for EMS

Days after announcing plans for Stay at Home 2.0, New Hampshire Gov. Chris Sununu announced the allocation of $40 million in aid for communities across the state dealing with the COVID-19 pandemic…

Also using the CARES Act funding, a stipend for hazard pay is being made available to police officers, firefighters, EMS personnel and correctional officers. Full-time workers will receive $300 a week, while part-time workers receive $150 a week.

Paycheck Protection Program Funding Update

The Department of Treasury has announced that the $350 billion appropriated under the CARES Act for the Paycheck Protection Program has been exhausted. However, Congressional leaders are currently negotiating an economic stimulus package to act as a bridge between the CARES Act and the next comprehensive package stimulus package. A core provision of the bridge package is an allocation of an additional $250 billion for the Paycheck Protection Program. If your operation is in the process or plans to apply for a loan under the Paycheck Protection Program, you should move forward with your efforts. The AAA is advocating that the bridge package or next comprehensive package include more funding for ambulance services.

DOL: Paid Leave Under the FFCRA

The Department of Labor has issued its 124-page temporary rule on Paid Leave under Families First Coronavirus Response Act. View the full PDF. If you are a member of the Association and have a question regarding Human Resources or Operations, please use the form below to contact Scott Moore, Esq….

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FFCRA Emergency Paid Leave Posting

Families First Coronavirus Response Act (FFCRA) Emergency Paid Leave Posting As many of you are aware, the Families First Coronavirus Response Act (FFCRA) Emergency Paid Family & Medical Leave Act and Emergency Paid Sick Leave provisions become effective tomorrow, April 1st.  I had hoped that the U.S. DOL would have published draft Regulations by the…

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Fair Labor Standards Act (FLSA) Overtime Update

The U.S. DOL issued the final rule that will update the overtime provisions of the Fair Labor Standards Act (FLSA) beginning on January 1, 2020. Under the final rule, nearly 1.3 million workers who were previously exempt from overtime pay will now be eligible. These changes, which were initially proposed by the Obama Administration in 2015, were updated under…

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U.S. Department of Labor Issues Final Overtime Rule

U.S. Department of Labor Issues Final Overtime Rule The U.S. Department of Labor (U.S. DOL) issued the final FLSA overtime rule which will make nearly 1.3 million workers eligible for overtime pay. In the announcement published yesterday, the DOL finalized the first updates to the Fair Labor Standards Act (FLSA) in fifteen years. This ends…

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The Paycheck Fairness Act

Following many states that have enacted laws geared towards preventing or eliminating inequities in pay between men and women, The Paycheck Fairness Act which was introduced on March 27, 2019, will prohibit employers from asking job applicants about their salary histories or using those histories to base pay or compensation rates.  The Act would require…

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DOL Issues Long-Awaited Proposed Overtime Rule

On March 7, 2019, the United States Department of Labor (USDOL) issued the long-awaited Notice of Proposed Rule Making (NPRM) which proposes changes to the Fair Labor Standards Act (FLSA) overtime provisions.  These proposed changes, which are detail in the 219-page document, follow nearly three years of legal actions challenging the USDOL’s 2016 proposed FLSA…

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Do You Offer Equal Paternity Leave?

The Equal Employment Opportunity Commission (EEOC) announced today that Estée Lauder, the beauty product manufacturer, has entered a settlement agreement in the amount of $1.1mm to settle a class action lawsuit filed on behalf of 210 male employees who allege that Estée Lauder discriminated against them on the basis of their gender.  The allegations included…

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Massachusetts Legislative Update

Last week the Senate passed a measure (HB 4640) that would raise the Massachusetts Minimum Wage to $15.00 per hour incrementally over the next five years. The Bill would also phase out the time and a half pay that some retail establishments who currently must pay employees who work on Sundays and certain holidays and…

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July Brings Legal Changes for Employers in Many States

Oregon Statewide Transit Tax Important notice to ambulance service employers based in the state of Oregon: there is a new statewide transit tax taking effect on July 1, 2018. Beginning July 1st, employers must start withholding a tax of 1/10th of 1% from the wages of Oregon residents or from non-residents who perform services in…

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IRS Notice 1036

The Internal Revenue Service has released Notice 1036, which updates the income-tax withholding tables for 2018 reflecting changes made by the tax reform legislation enacted last month. This is the first in a series of steps that IRS will take to help improve the accuracy of withholding following major changes made by the new tax…

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