COVID-19 UPDATES
Updated Information on Fraudulent Activity in NY State: (June 4, 2020)
Increase in Unemployment Fraud Activity in NY
In the recent weeks, fraudulent activity within many State's Unemployment Systems has seen a significant increase. New York State is putting out information to pass along to your employee's to help curb this activity as quickly as possible to limit financial exposure. Once DeGroot Management Services, Inc is notified of suspected fraud, we contact NY State Department of Labor Fraud Division to notify them to “freeze the claim” and investigate.
We ask that if we send you information regarding a claimant that is currently working for you and has not been laid off or separated, you may inquire if the employee did file a claim for benefits to confirm that it was not fraudulently filed. If the employee states they did not file a claim, relay that information to us as soon as possible.
In addition, the employee can contact NY State Department of Labor Unemployment Fraud Division to report it and receive next steps from the Department of Labor directly.
Click the Link for information & online reporting form and 24-Hour Phone Number https://www.labor.ny.gov/agencyinfo/uifraud.shtm
Updated Information on UI & State Items: (April 11, 2020)
Beyond COVID-19: NYS FY2021 Budget Guarantees Paid Sick Leave
On April 2, with the shadow of the COVID-19 pandemic looming ominously over the state, Governor Andrew Cuomo signed the Fiscal Year 2021 Budget, which includes an expanded paid sick leave program that is touted as the best in the nation. “This is a moment in history unlike any other, and government needs to function and deliver results for the people of this state now more than ever—and that's exactly what we did with this budget,” Governor Cuomo said.
Beginning January 2021, NYS employees will accrue one hour of paid sick leave for every 30 hours worked. “In New York, we stand with our workers in sickness and in health,” Governor Cuomo recently stated. Only employers with fewer than five employees and a net income of less than $1 million will be exempt from this new legislation.
The budget specifically states:
The budget expands the emergency bill recently signed into law by Governor Cuomo that provides paid sick leave and additional employee benefits and protections, but only in the event of a COVID-19 quarantine order. As a sponsor of the bill, NYS Senator Jessica Ramos believes “working families are the backbone of New York’s economy, and by providing each New Yorker with guaranteed paid sick leave, we’re no longer forcing people to choose between their health and paying for food, rent, or utilities.”
Updated Information on NY Voting Leave: (April 10, 2020)
New York Budget Legislation Includes an Amendment Reverting Back to the Old Voting Leave Law
The budget legislation signed by Governor Cuomo on April 3 includes an amendment to the Election Law that reverts back to the pre-2019 law regarding employee time off to vote.In April of 2019, the voting leave law was amended to: (1) increase the number of hours of paid time off to vote from a maximum of two hours to a maximum of three hours; (2) eliminate the provision stating that paid voting leave is allowed only if the employee does not have sufficient non-work time to vote; (3) eliminate the presumption that an employee does not need paid time off to vote if there are at least four consecutive hours before or after the employee's shift when polls are open; and (4) change the time frame for employees to make the request for paid time off to vote from between two and ten days before the election to just not less than two days before the election. These amendments seemed to require employers to grant paid time off to employees to vote even if those employees had ample time to vote outside of their work hours.
The 2020 amendments to the voting leave law are effective immediately. Employees are once again entitled only to two hours of paid time off to vote, and such paid time off is only required if the employee does not have sufficient non-work time to vote. The presumption that an employee has sufficient time to vote if there are at least four consecutive hours either before or after the employee's shift when polls are open has been re-inserted into the statute. Employees are now again required to request time off between two and ten working days before the election, instead of just making the request at least two working days before the election.
The law still requires employers to post a notice of the requirements of the voting leave law not less than ten working days before every election, and keep the notice posted until the close of the polls on election day.
Updated information on UI and State Items: (April 9, 2020)
Attached is some additional information on Reimbursement of Benefit Charges for Nonprofit Employers from the Department of Labor Directives. As well as a specific piece of the mandate highlighted below....
CLICK HERE
Emergency unemployment relief for governmental entities and non-profit organizations (Section 2103). The Department is authorized to issue guidance to allow states to interpret their state UC laws in a manner that would provide maximum flexibility to reimbursing employers as it relates to timely payments in lieu of contributions and assessment of penalties and interest.
This section of the CARES Act also provides for transfers to a state’s account in the unemployment trust fund from the Federal Unemployment Account to provide partial reimbursements (generally 50 percent of the amount of payments in lieu of contributions) to state and local governmental entities, certain nonprofit organizations, and federally recognized Indian tribes for weeks of unemployment between March 13, 2020 and December 31, 2020. These partial reimbursements apply to all payments made during this time period, even if the unemployed individual is not unemployed as a result of COVID-19.
-------------------------------------
The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” expands on a previous publication that focused on the ADA and Rehabilitation Act, and adds questions-and-answers to respond to common inquiries. Click on the highlighted link for more information!!
Additional State(s) Updated Information: (April 1, 2020)
We are continuing to update the best areas for Statewide Information as they are updating their information or posting specific questions to the new information as it comes out. See their latest links below.
Massachusetts- They are continuing to work on update for Federal CARES information. Will get that to you when we get it
Connecticut- Looks like they are updating this PDF every day or two for their information.
Pennsylvania- Here's the main area for PA with a FAQ page for COVID-19 items for employers on the right.
Vermont- Some additional information under the tab for CARES Act and other items-
UNEMPLOYMENT INSURANCE & PFL UPDATES: (April 1, 2020):
Federal Emergency Unemployment Relief for Government Entities and Non-Profits – Section 2103
Section 2103 establishes a schematic whereby the Federal Treasury will pay states to reimburse nonprofits, government agencies, and Indian tribes for half of the costs they incur to pay for all unemployment benefits through December 31, 2020. CLICK HERE FOR MORE INFORMATION!!
As of today, we are awaiting guidance from the Federal and State agencies on how this will be implemented. We will post on our website when we get this information.
Additional NY Paid Family Leave Information
Here is some additional NY Paid Family Leave information in regards to COVID-19. Also a very helpful FAQ page as well!!
Additional Information: https://paidfamilyleave.ny.gov/COVID19
Frequently Asked Questions: https://labor.ny.gov/ui/pdfs/ui-covid-faq.pdf
UNEMPLOYMENT INSURANCE UPDATE: (March 27, 2020)
The House of Representatives passed and President Trump signed the Coronavirus Aid, Relief and Economic Security Act or the CARES Act (the Act). The Act provides certain relief for businesses and individuals amidst the Coronavirus pandemic.
This attached Memo addresses certain significant aspects of relief available to businesses contained in the Act, focusing on the areas of loans, loan forgiveness, unemployment, employee benefits, healthcare and tax. We will continue to update this information as we are provided more guidance. CLICK HERE FOR MORE INFORMATION!!
UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT: (March 26, 2020)
In the week ending March 21, the advance figure for seasonally adjusted initial claims was 3,283,000, an increase of 3,001,000 from the previous week's revised level. This marks the highest level of seasonally adjusted initial claims in the history of the seasonally adjusted series. The previous high was 695,000 in October of 1982. The previous week's level was revised up by 1,000 from 281,000 to 282,000. The 4-week moving average was 998,250, an increase of 765,750 from the previous week's revised average. The previous week's average was revised up by 250 from 232,250 to 232,500. CLICK HERE FOR MORE INFORMATION!!
NY State Update- Governor Cuomo Issues Guidance for PAUSE Executive Order: (March 20, 2020)
Earlier today, Governor Andrew M. Cuomo announced he is signing the "New York State on PAUSE" executive order, a 10-point policy to assure uniform safety for everyone. It includes a new directive that all non-essential businesses statewide must close in-office personnel functions effective at 8PM on Sunday, March 22. Guidance on essential services under the executive order is as follows: CLICK HERE FOR MORE INFORMATION!!
COVID-19 Update- March 19, 2020:
Last night, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) after it was approved by the Senate earlier in the day. This act amends an earlier version of H.R. 6201 that was passed by the House of Representatives over the weekend. The act applies to employers with fewer than 500 employees and covered public-sector employers.
The act contains two main components: the Emergency Paid Sick Leave Act, which provides paid sick time to employees unable to work or telework due to a need for leave based on specified COVID-19-related reasons; and the Emergency Family and Medical Leave Expansion Act, which provides unpaid and paid leave under the Family and Medical Leave Act (FMLA) for employees who are unable to work or telework due to a need for leave to care for a minor child if the child’s school or place of child care has been closed or is unavailable due to a public health emergency. Click HERE for full information!!!
The act will become effective on April 2.
A full copy of the Families First Coronavirus Response Act (H.R. 6201) is available here.
We are also monitoring for Statewide Legislation with both the "Paid Sick Leave" and Unemployment Information.
----------------------------------------------------------------------------------------------------------------------------------------------
DeGroot Management Services update: (March 16, 2020):
- Letter from Garrett DeGroot, President, DeGroot Management Services-
(DMS, Inc- COVID-19 Administrative Update)- CLICK HERE
-----------------------------------------------------------------------------------------------------------------------------------------------
COVID 19 INFORMATION (March, 14, 2020)
New York State is waiving the 7-Day waiting period for Unemployment Insurance benefits for people who are out of work due to Coronavirus (COVID-19) closures or quarantines.
COVID-19 INFORMATION (March 12, 2020)
Over the last several days, many employers have expressed concerns about the COVID-19 virus and how to handle the impact effectively. The CDC has some great resources and I have attached some sample memos and posters for you. For those that are FMLA covered employers, it is likely that the diagnosis and quarantine could qualify as an FMLA qualifying event, since it may meet the period of incapacity or treatment connected with inpatient care (i.e., an overnight stay/quarantine) in a hospital, hospice, or residential medical care facility; or "A period of incapacity requiring absence of more than 3 calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a healthcare provider".
https://www.cdc.gov/coronavirus/2019-ncov/communication/factsheets.html
https://www.cdc.gov/flu/business/
We are monitoring developments daily from State and Federal Governments and will keep everyone advised. Please don’t hesitate to contact us with any questions or concerns.
Also, please find the additional resources and templates for your use and information. (Click on Links)
1. Social Distancing Information
2. Stop the Spread of Germs
3. COVID-19 & Flu Prevention Memo
4. Infectious Disease Control Memo
Increase in Unemployment Fraud Activity in NY
In the recent weeks, fraudulent activity within many State's Unemployment Systems has seen a significant increase. New York State is putting out information to pass along to your employee's to help curb this activity as quickly as possible to limit financial exposure. Once DeGroot Management Services, Inc is notified of suspected fraud, we contact NY State Department of Labor Fraud Division to notify them to “freeze the claim” and investigate.
We ask that if we send you information regarding a claimant that is currently working for you and has not been laid off or separated, you may inquire if the employee did file a claim for benefits to confirm that it was not fraudulently filed. If the employee states they did not file a claim, relay that information to us as soon as possible.
In addition, the employee can contact NY State Department of Labor Unemployment Fraud Division to report it and receive next steps from the Department of Labor directly.
Click the Link for information & online reporting form and 24-Hour Phone Number https://www.labor.ny.gov/agencyinfo/uifraud.shtm
Updated Information on UI & State Items: (April 11, 2020)
Beyond COVID-19: NYS FY2021 Budget Guarantees Paid Sick Leave
On April 2, with the shadow of the COVID-19 pandemic looming ominously over the state, Governor Andrew Cuomo signed the Fiscal Year 2021 Budget, which includes an expanded paid sick leave program that is touted as the best in the nation. “This is a moment in history unlike any other, and government needs to function and deliver results for the people of this state now more than ever—and that's exactly what we did with this budget,” Governor Cuomo said.
Beginning January 2021, NYS employees will accrue one hour of paid sick leave for every 30 hours worked. “In New York, we stand with our workers in sickness and in health,” Governor Cuomo recently stated. Only employers with fewer than five employees and a net income of less than $1 million will be exempt from this new legislation.
The budget specifically states:
- Businesses with five to 99 employees (and businesses with less than five employees but a net income of more than $1 million) must provide up to 40 hours of paid annual sick leave.
- Businesses with 100 or more employees must provide up to 56 hours of paid annual sick leave.
- Businesses with fewer than five employees and a net income of less than $1 million must provide up to 40 hours of annual unpaid sick leave.
The budget expands the emergency bill recently signed into law by Governor Cuomo that provides paid sick leave and additional employee benefits and protections, but only in the event of a COVID-19 quarantine order. As a sponsor of the bill, NYS Senator Jessica Ramos believes “working families are the backbone of New York’s economy, and by providing each New Yorker with guaranteed paid sick leave, we’re no longer forcing people to choose between their health and paying for food, rent, or utilities.”
Updated Information on NY Voting Leave: (April 10, 2020)
New York Budget Legislation Includes an Amendment Reverting Back to the Old Voting Leave Law
The budget legislation signed by Governor Cuomo on April 3 includes an amendment to the Election Law that reverts back to the pre-2019 law regarding employee time off to vote.In April of 2019, the voting leave law was amended to: (1) increase the number of hours of paid time off to vote from a maximum of two hours to a maximum of three hours; (2) eliminate the provision stating that paid voting leave is allowed only if the employee does not have sufficient non-work time to vote; (3) eliminate the presumption that an employee does not need paid time off to vote if there are at least four consecutive hours before or after the employee's shift when polls are open; and (4) change the time frame for employees to make the request for paid time off to vote from between two and ten days before the election to just not less than two days before the election. These amendments seemed to require employers to grant paid time off to employees to vote even if those employees had ample time to vote outside of their work hours.
The 2020 amendments to the voting leave law are effective immediately. Employees are once again entitled only to two hours of paid time off to vote, and such paid time off is only required if the employee does not have sufficient non-work time to vote. The presumption that an employee has sufficient time to vote if there are at least four consecutive hours either before or after the employee's shift when polls are open has been re-inserted into the statute. Employees are now again required to request time off between two and ten working days before the election, instead of just making the request at least two working days before the election.
The law still requires employers to post a notice of the requirements of the voting leave law not less than ten working days before every election, and keep the notice posted until the close of the polls on election day.
Updated information on UI and State Items: (April 9, 2020)
Attached is some additional information on Reimbursement of Benefit Charges for Nonprofit Employers from the Department of Labor Directives. As well as a specific piece of the mandate highlighted below....
CLICK HERE
Emergency unemployment relief for governmental entities and non-profit organizations (Section 2103). The Department is authorized to issue guidance to allow states to interpret their state UC laws in a manner that would provide maximum flexibility to reimbursing employers as it relates to timely payments in lieu of contributions and assessment of penalties and interest.
This section of the CARES Act also provides for transfers to a state’s account in the unemployment trust fund from the Federal Unemployment Account to provide partial reimbursements (generally 50 percent of the amount of payments in lieu of contributions) to state and local governmental entities, certain nonprofit organizations, and federally recognized Indian tribes for weeks of unemployment between March 13, 2020 and December 31, 2020. These partial reimbursements apply to all payments made during this time period, even if the unemployed individual is not unemployed as a result of COVID-19.
-------------------------------------
The U.S. Equal Employment Opportunity Commission (EEOC) today posted an updated and expanded technical assistance publication addressing questions arising under the Federal Equal Employment Opportunity Laws related to the COVID-19 pandemic. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” expands on a previous publication that focused on the ADA and Rehabilitation Act, and adds questions-and-answers to respond to common inquiries. Click on the highlighted link for more information!!
Additional State(s) Updated Information: (April 1, 2020)
We are continuing to update the best areas for Statewide Information as they are updating their information or posting specific questions to the new information as it comes out. See their latest links below.
Massachusetts- They are continuing to work on update for Federal CARES information. Will get that to you when we get it
- https://www.mass.gov/info-details/employer-unemployment-faq-covid-19#q.-what-do-dua%E2%80%99s-new-emergency-regulations-do?-
- https://www.mass.gov/info-details/federal-cares-act-benefit-information - Info on them "not having received guidance yet"
Connecticut- Looks like they are updating this PDF every day or two for their information.
Pennsylvania- Here's the main area for PA with a FAQ page for COVID-19 items for employers on the right.
Vermont- Some additional information under the tab for CARES Act and other items-
UNEMPLOYMENT INSURANCE & PFL UPDATES: (April 1, 2020):
Federal Emergency Unemployment Relief for Government Entities and Non-Profits – Section 2103
Section 2103 establishes a schematic whereby the Federal Treasury will pay states to reimburse nonprofits, government agencies, and Indian tribes for half of the costs they incur to pay for all unemployment benefits through December 31, 2020. CLICK HERE FOR MORE INFORMATION!!
As of today, we are awaiting guidance from the Federal and State agencies on how this will be implemented. We will post on our website when we get this information.
Additional NY Paid Family Leave Information
Here is some additional NY Paid Family Leave information in regards to COVID-19. Also a very helpful FAQ page as well!!
Additional Information: https://paidfamilyleave.ny.gov/COVID19
Frequently Asked Questions: https://labor.ny.gov/ui/pdfs/ui-covid-faq.pdf
UNEMPLOYMENT INSURANCE UPDATE: (March 27, 2020)
The House of Representatives passed and President Trump signed the Coronavirus Aid, Relief and Economic Security Act or the CARES Act (the Act). The Act provides certain relief for businesses and individuals amidst the Coronavirus pandemic.
This attached Memo addresses certain significant aspects of relief available to businesses contained in the Act, focusing on the areas of loans, loan forgiveness, unemployment, employee benefits, healthcare and tax. We will continue to update this information as we are provided more guidance. CLICK HERE FOR MORE INFORMATION!!
UNEMPLOYMENT INSURANCE WEEKLY CLAIMS REPORT: (March 26, 2020)
In the week ending March 21, the advance figure for seasonally adjusted initial claims was 3,283,000, an increase of 3,001,000 from the previous week's revised level. This marks the highest level of seasonally adjusted initial claims in the history of the seasonally adjusted series. The previous high was 695,000 in October of 1982. The previous week's level was revised up by 1,000 from 281,000 to 282,000. The 4-week moving average was 998,250, an increase of 765,750 from the previous week's revised average. The previous week's average was revised up by 250 from 232,250 to 232,500. CLICK HERE FOR MORE INFORMATION!!
NY State Update- Governor Cuomo Issues Guidance for PAUSE Executive Order: (March 20, 2020)
Earlier today, Governor Andrew M. Cuomo announced he is signing the "New York State on PAUSE" executive order, a 10-point policy to assure uniform safety for everyone. It includes a new directive that all non-essential businesses statewide must close in-office personnel functions effective at 8PM on Sunday, March 22. Guidance on essential services under the executive order is as follows: CLICK HERE FOR MORE INFORMATION!!
COVID-19 Update- March 19, 2020:
Last night, President Trump signed the Families First Coronavirus Response Act (H.R. 6201) after it was approved by the Senate earlier in the day. This act amends an earlier version of H.R. 6201 that was passed by the House of Representatives over the weekend. The act applies to employers with fewer than 500 employees and covered public-sector employers.
The act contains two main components: the Emergency Paid Sick Leave Act, which provides paid sick time to employees unable to work or telework due to a need for leave based on specified COVID-19-related reasons; and the Emergency Family and Medical Leave Expansion Act, which provides unpaid and paid leave under the Family and Medical Leave Act (FMLA) for employees who are unable to work or telework due to a need for leave to care for a minor child if the child’s school or place of child care has been closed or is unavailable due to a public health emergency. Click HERE for full information!!!
The act will become effective on April 2.
A full copy of the Families First Coronavirus Response Act (H.R. 6201) is available here.
We are also monitoring for Statewide Legislation with both the "Paid Sick Leave" and Unemployment Information.
----------------------------------------------------------------------------------------------------------------------------------------------
DeGroot Management Services update: (March 16, 2020):
- Letter from Garrett DeGroot, President, DeGroot Management Services-
(DMS, Inc- COVID-19 Administrative Update)- CLICK HERE
-----------------------------------------------------------------------------------------------------------------------------------------------
COVID 19 INFORMATION (March, 14, 2020)
New York State is waiving the 7-Day waiting period for Unemployment Insurance benefits for people who are out of work due to Coronavirus (COVID-19) closures or quarantines.
COVID-19 INFORMATION (March 12, 2020)
Over the last several days, many employers have expressed concerns about the COVID-19 virus and how to handle the impact effectively. The CDC has some great resources and I have attached some sample memos and posters for you. For those that are FMLA covered employers, it is likely that the diagnosis and quarantine could qualify as an FMLA qualifying event, since it may meet the period of incapacity or treatment connected with inpatient care (i.e., an overnight stay/quarantine) in a hospital, hospice, or residential medical care facility; or "A period of incapacity requiring absence of more than 3 calendar days from work, school, or other regular daily activities that also involves continuing treatment by (or under the supervision of) a healthcare provider".
https://www.cdc.gov/coronavirus/2019-ncov/communication/factsheets.html
https://www.cdc.gov/flu/business/
We are monitoring developments daily from State and Federal Governments and will keep everyone advised. Please don’t hesitate to contact us with any questions or concerns.
Also, please find the additional resources and templates for your use and information. (Click on Links)
1. Social Distancing Information
2. Stop the Spread of Germs
3. COVID-19 & Flu Prevention Memo
4. Infectious Disease Control Memo