We hope that everyone remains safe and healthy as we all work together to respond to the challenges of the COVID-19 pandemic.
As a result of the COVID-19 pandemic, most employers are forced to consider drastic changes in how they operate. This includes ceasing in-office personnel functions (for “non-essential businesses”), utilizing work from home procedures, reducing employees’ hours and/or pay, laying off or furloughing employees, and shutting down their businesses, temporarily or permanently, in whole or in part. In considering these options, employers need to know how to remain in compliance with the law, including providing all legally required notices to employees. The last thing any employer needs now is to expose themselves to unnecessary and costly legal liability when taking actions to attempt to reduce their costs.
Federal and state departments of labor, and local agencies, have published helpful guidance that answer many questions, and we have provided links below to certain guidance that we believe will be particularly helpful to you at this time.
Federal Law
Please use this link for guidance concerning federal compliance when considering furloughs and other reductions in pay and hours of employees: https://www.dol.gov/agencies/whd/fact-sheets/70-flsa-furloughs.
New York State Law
Please use this link for guidance concerning New York State WARN notice compliance: https://www.labor.ny.gov/workforcenypartners/warn/warnportal.shtm.
Please use this link for guidance concerning the New York Shared Work Program: https://www.labor.ny.gov/ui/employerinfo/shared-work-program.shtm.
New York City Law
Please use this link for guidance concerning the New York City Temporary Schedule Change Law, the New York City Fair Workweek Law, and other relevant New York City, New York State, and federal laws: https://www1.nyc.gov/assets/dca/downloads/pdf/workers/Complying-with-NYC-Workplace-Laws-During-COVID-19.pdf.
New Jersey State Law
Please use this link for guidance concerning New Jersey State WARN notice compliance: https://www.nj.gov/labor/lwdhome/warn/njwarn.html.
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If you have questions concerning the above guidance, or if you have any questions concerning other labor and employment matters, contact Higgins Law Firm, LLC. We are helping employers address employment issues during this period in an efficient and caring manner.
NOTICE:
This Blog post is made available by Higgins Law Firm, LLC for general informational purposes only and not to provide specific legal advice. By using this Blog, you understand that there is no attorney-client relationship between you and Higgins Law Firm, LLC or any individual contributor. For specific legal advice, you should consult a licensed professional attorney for individual advice regarding your own specific factual situation.
We hope that everyone remains safe and healthy as we all work together to respond to the challenges of the COVID-19 pandemic.