Brave Law Bulletins
(Employment Law Update) April 2020
Subject: Brave Bulletin: FURLOUGHS AND LAYOFFS: Legal Requirements In Responding to COVID-19 Challenges
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.
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/employer-services/warn/
If you have questions concerning the above bulletin, or if you have any questions concerning other labor and employment matters, please feel free to contact us at 347-853-8607. We are helping employers address employment issues during this period in an efficient and empathetic manner.
Please stay well and safe.
Daniel S. Braverman, Esq. ([email protected])
Davin P. Cellura, Esq., Of Counsel ([email protected])
Sean W. Higgins, Esq., Of Counsel ([email protected])
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