The COVID-19 Crisis - Business Regulation Updates

March 23,2020

FAQ’s for Employers

The effects on business operations due to COVID-19

As the situation with coronavirus (COVID-19) continues to develop, businesses are experiencing many unforeseen and unprecedented situations and finding ourselves at a loss as to how to ensure employee safety and continue to conduct business under the instability that COVID-19 has brought us to.

Below are some frequently asked questions that address some of these concerns. Due to the rapidly changing circumstances, the below should only serve as a guide and is subject to change.

Families First Coronavirus Response Act (FFCRA)

Employers will be able to recover payouts in the form of payroll tax credits, and may be able to get funds on an emergency basis (contact your trusted advisor for more information).

Emergency Family Medical Leave Act (FMLA)

·    12 weeks of PAID leave

·    It is important to note that the current bill only provides paid leave for school/child care closures.

·    Employees must have worked for the employer for at least 30 calendar days.

·    Employers may exclude health care providers and emergency responders.

·    The first 10 days may be unpaid.

Public Health Emergency Paid Sick Leave

·    Full-time employees must receive 80 hours of Emergency Paid Sick Leave. This can be used for any employees who are diagnosed with COVID-19, who have symptoms, seeking medical treatment, or high risk.

Part-time employees must receive a prorated amount equal to the number of hours the employee works, on average, over a two-week period. All employees are immediately eligible for Emergency Paid Sick Leave; there is no 30-day requirement.

During the COVAD-19 crisis eqHR Solutions will provide ongoing coverage about new or changed regulations enacted to support your business operations. Our experienced HR and Payroll advisors are available.

The COVID-19 Crisis - Business Regulation Updates

March 23, 2020

Governor Office Releases Updated List of "Essential Critical Infrastructure Workers

The California Governor’s Office released a revised list of “Essential Critical Infrastructure Workers” that qualify for an exception from the Governor’s “Stay at Home” directive. The much-anticipated revised list of essential workers was, for the second time in two nights, quietly posted to the State’s COVID-19 response web page overnight with little fanfare. 

Revised List

Legal Update - Coronavirus Impact on Construction Industry

During the coronavirus pandemic, our employment law firm is providing ongoing complimentary webinar series that reviews the current state of the construction industry and the impact of the coronavirus. Each weekly session will run 30 — 60 minutes. We encourage you to register.

Register

EEOC Issues Guidance on Employers' Responses to the Coronavirus Pandemic

What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, addresses common employer concerns about what medical inquiries an employer can make when it can ask employees to leave the workplace based on such concerns, and under what circumstances an employer can ask for a doctor’s release from such employees before allowing them to return.  

Full Article

H.R. 6021, the "Families First Coronavirus Response Act"

Mandatory paid employee leave for employers with fewer than 500 employees

H.R. 6201 - Key Provisions

Testing: Insurers would be required to cover testing for COVID-19 without cost-sharing or prior authorization requirements.

Emergency paid leave: Private sector employers with fewer than 500 employees and government entities would have to provide 12 weeks of job-protected leave under the Family Medical Leave Act (FMLA) to employees who have been on the payroll at least 30 days and who are unable to work or telework in order to care for a minor child whose school/child care has been closed.

·    The first 10 days of leave could be unpaid, although employees could use accrued PTO during this period.

·    Following the first 10 days, employees must be paid at least two-thirds of their normal pay.

·    Emergency FMLA paid leave would be limited to $200/day or $10,000 in aggregate.

·    DOL would be authorized to exempt businesses with fewer than 50 employees from the paid leave provisions.

Emergency sick leave: Private sector employers with fewer than 500 employees and government entities would have to provide paid sick leave to self-quarantine, get a diagnosis for COVID-19, or provide care for a family member in quarantine or a child whose school has closed.

·    80 hours of paid sick leave for full-time employees. Paid sick leave for part-time employees based on their work hours over a two-week period. The emergency sick leave is on top of any other paid leave provided by the employer.

·    Limited to $511/day or $5,110 in aggregate for an employee’s own illness or quarantine and $200 or $2,000 in aggregate to care for family members.

·    DOL would be authorized to exempt businesses with fewer than 50 employees from the paid sick leave provisions.

Employer tax credits: The bill would provide payroll tax credits to employers to cover wages paid while employees are using the emergency paid leave and sick leave established by the legislation.

·    Sick leave credit of as much as $511 per day if the employee is caring for themselves, and as much as $200 per day if the employee is caring for a family member.

·    Family leave credit of as much as $200 per day, or an aggregate of $10,000.

·    Employers could receive the tax credit even if the credit exceeds the amount the employer owes in payroll tax.

Full Bill

FAQ’s for Employers - Effects on business operations due to COVID-19

March 25, 2020

As the situation with coronavirus (COVID-19) continues to develop, businesses are experiencing many unforeseen and unprecedented situations and finding ourselves at a loss as to how to ensure employee safety and continue to conduct business under the instability that COVID-19 has brought us to.

Below are some frequently asked questions that address some of these concerns. Due to the rapidly changing circumstances, the below should only serve as a guide and is subject to change.

Families First Coronavirus Response Act (FFCRA)

• Employers will be able to recover payouts in the form of payroll tax credits, and may be able to get funds on an emergency basis (contact your trusted advisor for more information)

Emergency Family Medical Leave Act (FMLA)

• 12 weeks of PAID leave
• It is important to note that the current bill only provides paid leave for school/child care closures.
• Employees must have worked for the employer for at least 30 calendar days.
• Employers may exclude health care providers and emergency responders.
• The first 10 days may be unpaid.

Public Health Emergency Paid Sick Leave

• Full-time employees must receive 80 hours of Emergency Paid Sick Leave. This can be used for any employees who are diagnosed with COVID-19, who have symptoms, seeking medical treatment, or high risk.
• Part-time employees must receive a prorated amount equal to the number of hours the employee works, on average, over a two-week period. All employees are immediately eligible for Emergency Paid Sick Leave; there is no 30-day requirement.

What if an employee appears sick?

• Employees should be encouraged to stay home if they are sick, even if it’s just a common cold.
• Have a Coronavirus policy that states if employees appear to be sick, they will be sent home and allowed to return once they are symptom free.

An employee of ours has tested positive for COVID-19. What should we do?

• You should send home all employees who worked closely with that employee for a 14-day period of time to ensure the infection does not spread.
• Before the employee departs, ask them to identify all individuals who worked in close proximity (three to six feet) with them in the previous 14 days to ensure you have a full list of those who should be sent home.
• When sending the employees home, do not identify by name the infected employee or you could risk a violation of confidentiality laws.
• If you work in a shared office building or area, you should inform building management so they can take whatever precautions they deem necessary.
• It is recommended to close off areas used by the ill persons and wait as long as practical before beginning cleaning and disinfection to minimize potential for exposure to respiratory droplets. Open outside doors and windows to increase air circulation in the area. If possible, wait up to 24 hours before beginning cleaning and disinfection.
• Cleaning staff should clean and disinfect all areas (e.g., offices, bathrooms, and common areas) used by the ill persons, focusing especially on frequently touched surfaces.

Can I take an employee’s temperature at work to determine whether they might be infected?

• Yes. The EEOC confirmed that measuring employees’ body temperatures is permissible given the current circumstances. While the Americans with Disabilities Act (ADA) places restrictions on the inquiries that an employer can make into an employee’s medical status, and the EEOC considers taking an employee’s temperature to be a “medical examination” under the ADA, the federal agency recognizes the need for this action now because the CDC and state/local health authorities have acknowledged community spread of COVID-19 and issued attendant precautions. 
• However, as a practical matter, an employee may be infected with the COVID-19 coronavirus without exhibiting recognized symptoms such as a fever, so temperature checks may not be the most effective method for protecting your workforce.
• If you elect to take employee’s temperature, ensure the safety of those administering the test as they will be coming into contact with each employee and will be at higher risk.