*a prior version of this post indicated the House vote was still pending. The House passed this legislation on March 27, 2020. 

Like you, we are closely monitoring the rapid developments caused by the COVID-19 pandemic. The latest is Congress passing the Coronavirus Aid, Relief, and Economic Security Act (or “CARES” Act). We focus below on the employment-related provisions of the Act, but encourage you to continue checking our COVID-19 Resource Hub for additional updates on other aspects of the Act.

Direct Payments to Individuals 

Under the Act, direct payments of $1,200 will be made to single individuals who earn $75,000 or less in adjusted gross income, and $2,400 to married couples who earn $150,000 or less in adjusted gross income, according to their 2018 tax returns or 2019 tax return if already filed.  There will be an additional $500 payment per child.  These payments scale down as income increases, phasing out entirely for individuals earning $99,000 and joint filers without children earning $198,000.

Increased Unemployment Benefits 

The Act also provides assistance to states to administer and expand unemployment benefits.  The Act provides payments of $600 per week (for up to four months) to individuals who qualify for unemployment benefits, which is in addition to the amount the individual would otherwise qualify for.  It also extends by 13 weeks the number of weeks for which an individual may receive unemployment benefits, and reimburses states that eliminate the one-week waiting period before benefits are issued.  These provisions apply to employees as well as individuals not traditionally eligible for unemployment benefits (including self-employed individuals, independent contractors, those with limited work history, and others) who are unable to work due to COVID-19.

The Act also includes temporary funds to reimburse nonprofits, government agencies, and Indian tribes for half the costs they incur paying unemployment benefits through the end of the year. 

Clarification of Emergency Paid Family and Medical Leave

The Act clarifies that employees who worked for at least 30 days, and were laid off on or after March 1, 2020, do not need to wait another 30 days upon rehire before being eligible for emergency paid family and medical leave under the Families First Coronavirus Response Act, which we discussed here.

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Photo of Melissa Healy Melissa Healy

Melissa Healy is a partner in the firm’s Labor & Employment group and focuses on providing advice in employment law matters, representing management in employment litigation, and providing traditional labor support to employers, including in bargaining, arbitration, and before the National Labor Relations…

Melissa Healy is a partner in the firm’s Labor & Employment group and focuses on providing advice in employment law matters, representing management in employment litigation, and providing traditional labor support to employers, including in bargaining, arbitration, and before the National Labor Relations Board. She has been named one of the Portland Business Journal’s “40 Under 40” and a “Rising Star” by Oregon Super Lawyers.

Click here for Melissa Healy’s full bio.

Photo of Ryan Kunkel Ryan Kunkel

Ryan Kunkel is a trial lawyer who litigates employment-related disputes in federal and state court and private arbitration, and counsels employers to help mitigate risk and prevent disputes from reaching litigation in the first place. Ryan specializes in pursuing and defending cases involving…

Ryan Kunkel is a trial lawyer who litigates employment-related disputes in federal and state court and private arbitration, and counsels employers to help mitigate risk and prevent disputes from reaching litigation in the first place. Ryan specializes in pursuing and defending cases involving unfair competition, such as employee non-competition, non-solicitation, and trade secret obligations, especially in the financial and manufacturing industries. His practice also includes litigating before the National Labor Relations Board, arbitrating labor grievances, and helping management navigate and resolve complex labor disputes, including organizing drives and work stoppages.

Click here for Ryan Kunkel’s full bio.

Photo of Todd Hanchett Todd Hanchett

Drawing on nearly 20 years of experience, Todd Hanchett represents employers in high-stakes litigation and traditional labor law matters. As a seasoned litigator, he regularly represents clients before state and federal courts around the country, as well as in labor arbitrations and before…

Drawing on nearly 20 years of experience, Todd Hanchett represents employers in high-stakes litigation and traditional labor law matters. As a seasoned litigator, he regularly represents clients before state and federal courts around the country, as well as in labor arbitrations and before the National Labor Relations Board. In addition to employment matters, Todd specializes in litigating and trying cases involving employee non-competition, non-solicitation, and confidentiality agreements, as well as tortious interference claims. His practice focuses particularly on companies in the medical device, senior housing, health care and hospitality industries.

Click here for Todd Hanchett’s full bio.