Illinois order extends through Oct. 17; Washington, D.C., emergency order remains in effect; and other state and federal updates to know this week.
9/24/2020 11:30
Illinois Gov. J.B. Pritzker has extended Executive Order 2020-25, which includes limits on garnishments and wage deductions. It is now in effect until Oct. 17, 2020.
The extension is part of a new order that continues more than 25 existing regulations related to the COVID-19 pandemic.
The garnishment and wage deduction order, which originally took effect April 14, “suspends sections in the Illinois Code of Civil Procedure that permit the service of a garnishment summons, wage deduction summons, or a citation to discover assets on a consumer debtor or consumer garnishee. It shall not be construed to apply to domestic support obligations or relieving a debtor of any liability.”
Families First Coronavirus Relief Act
The U.S. Department of Labor (DOL) has issued an updated Frequently Asked Questions document on the Families First Coronavirus Relief Act (FFCRA).
The FFCRA requires certain employers to provide their employees with paid sick leave or expanded family and medical leave for specified reasons related to COVID-19, according to the DOL.
In its updated Frequently Asked Questions, the DOL covers compliance with the FFCRA, which type of business the law applies to and how to manage leave and pay for employees, among other topics. The FFCRA’s paid leave provisions apply to leave taken between April 1, 2020, and Dec. 31, 2020.
Read more on managing the FFCRA in coverage from ACA International: Rules of the Road for Time-Off Under the Federal FFCRA.
Meanwhile, the Secretary of Labor is promulgating revisions and clarifications
to the temporary rule issued on April 1, 2020, implementing public health emergency leave under Title I of the Family and Medical Leave Act (FMLA) and emergency paid sick leave to assist working families facing public health emergencies arising out of the COVID-19 pandemic, according to a temporary rule posted on the Federal Register. The temporary rule is in response to an Aug. 3, 2020, district court decision finding certain portions of that rule invalid. Both types of emergency paid leave were created by a time-limited statutory authority established under the FFCRA and are set to expire on Dec. 31, 2020. The FFCRA and its implementing regulations, including this temporary rule, do not affect the FMLA after Dec. 31, 2020.
Nevada Work-from-Home Guidance
The Nevada Financial Institutions Division (NFID) has granted an extension allowing employees of licensed collection agencies to work from home, following data security and other guidance, through the end of the year.
According to the NFID, it may not extend this guidance past December; therefore, it is imperative that collection agencies begin making plans to ensure it can both comply with Nevada law and the laws of the other jurisdictions it does business in.
ACA and the NCA will continue to work with the NFID on this guidance and will provide ongoing updates for members.
Washington, D.C., Emergency Order
As a reminder, the state of emergency order from Mayor Muriel Bowser in Washington, D.C., is in effect through Oct. 9. 2020.
Washington, D.C., is in phase two of its COVID-19 response.
District of Columbia Attorney General Karl Racine previously issued guidance on the debt collection provision of the COVID-19 Response Supplemental Emergency Act, which remains in effect, ACA previously reported.
On June 8, the mayor signed a new consolidated Coronavirus Support Congressional Review Emergency Amendment Act of 2020, which contains all the previous restrictions on debt collection activities included in the original COVID-19 emergency response bill.
The debt collection provisions will be in place during the period of the mayor’s emergency declaration and for 60 days after it ends.
For more state and federal advocacy and compliance updates, ACA members are invited to the ACA Huddle, held weekly on Wednesdays. The ACA Huddle is a members-only event and a one-time Zoom registration is required. Simply log in to the event website to find the link and password. Visit ACA’s online education and events calendar to access the ACA Huddle. Information on the Sept. 30 ACA Huddle and how to sign up is available here.
For more information on how the ACA Licensing staff can assist with your licensing needs, please contact us at [email protected] or call (952) 926-6547.