COVID-19: Laid Off Employees
COVID-19: Laid Off Employees
Q: Are there any specific rules regarding the timing of my laid-off employee’s final paycheck?
A: It Depends. Some states have specific laws regarding final pay. The Department of Labor as assembled some information regarding state final pay rules. You should also check with your state specific labor department as well.
Q: Under the EEOC's laws, what waiver responsibilities apply when an employer is conducting layoffs?
A: Special rules apply when an employer is offering employees severance packages in exchange for a general release of all discrimination claims against the employer. More information is available in EEOC's technical assistance document on severance agreements.
Q: Do I have to provide a special business closure or mass layoff notice to employees?
A: Please visit this page for a detailed answer to this question
Q: If I am considering a temporary layoff or furlough, do I need to provide workers with a notice under the WARN Act? (based on recently released DOL federal WARN Act FAQ)
A: Please visit this page for a detailed answer to this question
Q: For permanent layoffs, may I claim an exception to the WARN Act because of COVID-19? If I do, what are my responsibilities?
A: Please visit this page for a detailed answer to this question
Q: Will the Department of Labor provide me with a letter that I have complied with the WARN Act?
A: Please visit this page for a detailed answer to this question
Q: Can I provide my employees with a separation and release agreement when conducting a layoff or reduction-in-force?
A: Yes. A separation agreement (also commonly referred to as a severance agreement) between an employer and a departing employee specifying terms of the employee's separation from employment, including a release of legal claims against the employer in exchange for a benefit. There are specific regulatory requirements for separation agreements that release age-related claims. Employers must be sure to work with an attorney who will draft a compliant separation agreement.
Q: Can I provide my employees severance upon layoff?
A: Please visit this page for a detailed answer to this question
Responding to COVID-19 in the Workplace
We understand that there is a significant amount of information derived from a variety of sources. The HUB team has developed this comprehensive FAQ in an effort to consolidate the various questions and answers into one document.