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Furlough vs. Layoff: Which Gets the Most Benefits?

With millions of workers unemployed and more likely to come during this economic shutdown, companies have been deciding between placing their employees on furlough or laying them off. Many retail companies like Macy’s, Kohl’s, Gap and Nordstrom as well as some in the hospitality industry such as Marriot and AMC Theatres have opted to furlough thousands of their employees instead of laying them off. But what exactly does being furloughed mean, and how does it differ from being laid off?

What ...

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Employee Benefits Under the Coronavirus Paid Leave Explained by the DOL

The Families First Coronavirus Response Act (FFCRA) and the provisions within them, such as the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (EFMLEA), were enacted to help keep any employee affected by COVID-19 on payroll by providing employers with tax credits for the cost of providing them paid sick leave. Employers who are eligible to apply for the reimbursement would include those that have fewer than 500 employees. 

There have been some updates on ...

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The ‘Right Thing to Do’ with Your Employees During the COVID-19 Pandemic

Our of counsel, Steven M. Sack, was featured in another article this week, discussing how employers should view and address treating their employees during these uncertain times. The Forbes article focused on how to best deal with layoffs going forward urging employers to ensure fairness and equity.

Mr. Sack emphasized how unprecedented these times are noting that this is all new territory, without any case law, regulations or guidance comparing it to the “Wild West.” However, with almost forty years of experience in ...

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How the New Stimulus Plan May Help the Restaurant Industry and Its Employees

The $2 trillion stimulus plan has arrived but how will it help millions of the worst hit hard-working Americans such as those in the restaurant industry? The relief bill aims to put much-needed money in the pockets of workers like servers, cooks, bussers and bartenders that are out of work due to the recent closings of restaurants nationwide. With more than 3 million workers applying for unemployment benefits just last week alone, this plan aims to ease some of the ...

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Papa John’s Hourly Employees to Receive $3.4M in Unpaid Wages

A class action lawsuit brought by Papa John’s employees for unpaid wages in 2018 has been settled pending court approval. The hourly franchise and corporate employees have asked a California federal judge to approve a $3.4 million settlement to resolve claims that the fast food pizza chain failed to pay its employees for mandatory training.

The lawsuit alleged that hourly employees were forced to complete mandatory company wide training while ...

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Restaurant and Delivery Workers to Benefit from New Paid Sick Leaves During Coronavirus Pandemic

In a key development to try and protect all employees struggling with job security, particularly restaurant and delivery workers that continue to be essential, two new federal and state laws have been enacted to financially help during the coronavirus pandemic. Eligible employees will be able to earn their full rate of pay while out sick or in quarantine for up to two weeks. The federal law signed by President Trump and state law signed by Governor Cuomo aim to help ...

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What Work Rights do Childcare Providers Have During the Coronavirus Pandemic?

Childcare providers and their employers have a whole new set of issues to face as new realities set in with government officials enforcing executive orders to have 100% of non-essential workers stay home. Childcare providers, such as nannies, have been deemed essential and are allowed to report to work, however, many of their employers are unsure how to proceed in the coming weeks as the pandemic unfolds. ...

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QUALIFYING FOR PAID LEAVE UNDER THE NEW CORONAVIRUS LAW

The Families First Coronavirus Response Act, part of the coronavirus emergency relief package, has just become law and it will be essential in providing American workers with a first ever federally mandated paid leave if it becomes necessary for them to take time off due to COVID-19. This paid leave is a temporary response to coronavirus and is set to expire on December 31, 2020. While this is great news, it is important to know if you qualify for this ...

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NAVIGATING YOUR WORK RIGHTS AMIDST THE COVID-19 PANDEMIC

With the nation’s reaction to the novel coronavirus, COVID-19, changing daily, the developments may leave many of us facing several unknowns especially when it comes to our workplace. As offices, stores, and job sites begin to decide on whether to close or remain open, many employees have no idea what their rights may be during this unprecedented pandemic. Whether you are being asked to work from home, report to work, stay put or are being laid off, you do have ...

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Fitapelli & Schaffer to Continue Operations Remotely During COVID-19 Pandemic 

We want to take a moment to let you know that Fitapelli & Schaffer is prepared to continue to support you and your needs as we face this difficult climate as a nation together. Out of an abundance of caution, and for the safety of our employees, our office has begun to work remotely. We will be available during regular business hours continuing to assist new clients as well as diligently working on existing claims. 

We remain accessible by phone and email ...

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