If I furlough or layoff employees, can I continue some or all of their benefits during the leave?
There may be ways to continue some or all benefits during a furlough or layoff. Each plan is unique, however, and the exact terms must be reviewed. Many plans include a provision that employees be “employed” or “actively at work” and, therefore, employees may lose eligibility under the terms of the plan if they are not performing services. In addition, service requirements for eligibility (such as offering benefits only to employees working at least 30 hours per week) may cause an employee to lose eligibility during a temporary leave (but not in all circumstances). However, many plans include specific provisions extending eligibility during leaves of absence (including unpaid leaves) or following layoffs. Thus, each plan must be reviewed to make this determination.
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Any administrative lawyer who represents a governmental entity of any size or who represents employees of governments will want to read this:
The new U.S. Families First Coronavirus Response Act affects all types of government employers, of all sizes. This blog postby the School of Government’s Diane Juffras indicates that the Act kicks in more or less immediately. The blog post is longer than usual because it offers examples of how the different new provisions of the complex new law interact with existing laws.
We are in unprecedented times with COVID-19 (Coronavirus). It is now more important than ever that we help our neighbors and those who are not as fortunate. I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Securityhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngSecurity2020-03-23 10:54:032020-03-24 09:08:55Fight Hunger, Help Others in the COVID-19 Pandemic - Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
To celebrate and prepare for Chapter 160D taking effect next year, the ZPLU section plans to publish a series of articles on 160D written by ZPLU members—and we need your help!
ZPLU members were instrumental in the drafting and passage of 160D, which will consolidate the enabling statutes for development regulations currently scattered between Chapters 153 and 160A into a single, unified chapter.
Now we need your help in outlining how 160D will operate when it takes effect in January. The plan is to have each article focus on a piece of the law. We are looking for volunteer authors to write articles on portions of 160D.
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Effective immediately and by Order of Chief Justice Beasley, all court documents due to be filed in any non-appellate state court on or after March 16, 2020 and by April 17, 2020 will be deemed timely if filed by the close of business on April 17, 2020. You can find the accompanying press release here, and below is a quick summary:
Relevant language: “[A]ll pleadings, motions, notices, and other documents and papers that were or are due to be filed in any county of this state on or after 16 March 2020 and before the close of business on 17 April 2020 in civil actions, criminal actions, estates, and special proceedings shall be deemed to be timely filed if they are filed before the close of business on 17 April 2020.” Beyond filings, the Order also applies to “all other acts that were or are due to be done [in civil actions, criminal actions, estates and special proceedings] in any county of this state[.]”
The Order applies to filings subject to statute of limitations periods expiring between March 16, 2020, and April 17, 2020 (the Order does not, however, toll statutes of limitations; it has no effect on statutes of limitations that are due to expire on or after April 18, 2020).
The Order does not apply to any appellate court filings. However, the Supreme Court has issued a catastrophic conditions order and appellate court arguments are being postponed. For more information on this, see Beth Scherer’s post here.
The Clerks of Superior Court in Wake County and Mecklenburg County are reducing their hours of operation and staffing, and other districts may soon follow suit. Wake County Clerk of Superior Court counters will be open 1 p.m. to 5 p.m., and filers are encouraged to use drop boxes on the first floor of the courthouse. The Mecklenburg Clerk of Superior Court’s office will be open 9 a.m. to 12 p.m., and emergency and essential filings will be accepted between 12 p.m. and 5 p.m. at the Criminal Magistrate’s Office. Clerks are requesting that attorneys please not come to courthouse facilities unless required to do so.
At publication time, sheriff’s offices remain open as normal and are receiving and serving papers.
COVID-19 Response: Medical Motion Hearings To Be Conducted Remotely
Effective March 23, 2020, and continuing through the end of April 2020, the Commission’s COVID-19 procedure for medical motion hearings arising under G.S. §97-25(f) is amended as follows:
All medical motion hearings before Deputy Commissioners shall be conducted with the parties appearing remotely. The presiding Deputy Commissioner will provide the parties a toll-free number and access code to dial into the remote hearing. Consistent with existing procedure, hearing testimony will be recorded by a court reporter.
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North Carolina’s courts have taken further steps to address the impact of COVID-19 on the court system.
North Carolina Supreme Court
The Supreme Court will not be holding travel sessions in April or May. Cases previously scheduled for April or May may still be heard, at the litigants’ option:
Via WebEx the week of May 4 at a specific date and time set by the Court,
We are in unprecedented times with COVID-19 (Coronavirus). It is now more important than ever that we help our neighbors and those who are not as fortunate. I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00GovernmentandPublicSectorhttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngGovernmentandPublicSector2020-03-19 12:21:432020-03-19 13:40:12Fight Hunger, Help Others in the COVID-19 Pandemic - Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
We are in unprecedented times with COVID-19 (Coronavirus). It is now more important than ever that we help our neighbors and those who are not as fortunate. I am confident that each of you is doing your part.
Even in the best of times, however, over 1.5 Million North Carolinians struggle with hunger—of those, nearly half a million are children. With public schools and many religious and nonprofit organizations that traditionally serve the food insecure in our communities being closed for indefinite periods, and government leaders calling for social distancing to help limit the spread of Coronavirus, that need is never more pressing than now.
https://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.png00Administrativehttps://ncbarblogprod.wpengine.com/wp-content/uploads/2018/06/Blog-Header-1-1030x530.pngAdministrative2020-03-19 11:54:072020-03-19 13:40:40Fight Hunger, Help Others in the COVID-19 Pandemic - Participate in the Legal Feeding Frenzy and Support Your Local Food Bank!
Julian Mann, III, Director and Chief Administrative Law Judge of the NC Office of Administrative Hearings (OAH), has issued a response to the COVID-19 emergency. The responses addresses how OAH and all its constituent parts are responding to the COVID-19 emergency, as well as information for attorneys, litigants, agencies, boards and commissions. The response includes: general information, the Hearings Division, the Rules Division, the Civil Rights Division, the Rules Review Commission, and the Human Relations Commission.
