Yesterday, the Department of Labor issued a notice poster for employers to display pursuant to the new paid sick leave requirements under the Families First Coronavirus Response Act. The poster is available via the Department of Labor's website and can be downloaded here. The DOL also provides answers to frequently asked questions about the posting requirement here.
We are also hearing reports of construction employees being pulled over by police in jurisdictions subject to stay-at-home orders. We prepared a Hall Pass for use by your employees, which you can access by clicking here.
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On 3/27/20, the attorneys from Hendrick, Phillips, Salzman & Siegel presented a one-hour webinar to answer the most frequently asked questions concerning COVID-19, the new paid sick leave requirements under the Families First Coronavirus Response Act, and stay-in-place orders impacting construction contractors.
Download: View transcripts and listen to audio of 3/27 HPSS Webinar
Throughout the United States, state and local governments continue to issue and update orders restricting activities of individuals and businesses in response to the COVID-19 pandemic. Generally, such orders provide exemptions from the restrictions for essential businesses, services and/or functions, and most states consider performance of construction an essential service. Pennsylvania is an exception because it prohibits construction, except for emergency repairs and construction of health care facilities. Some local governments in California have also put some restrictions on construction.
This memorandum is intended to provide information and guidance with respect to orders issued by various state and local governments. Please keep in mind that this is a very fluid situation. State and local governments continue to issue and update orders, sometimes as frequently as hourly. We will continue to monitor the situation and update this information as quickly as possible, but please check with us or your state and local governments for the most updated information and restrictions.
Of course, the health and safety of employees is the first priority for all contractors. Thus, as construction proceeds in many states, please ensure that you are following the latest guidelines issued by OSHA and the Centers for Disease Control (“CDC”) with respect to COVID-19 and safety and health in the workplace.
REFERENCE COMPREHENSIVE FEDERAL AND STATE EXECUTIVE ORDERS (as of 3-23-20)
On Wednesday night, after being passed earlier in the day by the U.S. Senate, President Trump signed into law the Families First Coronavirus Response Act (the “Families First Act”). The Families First Act was the second in what is expected to be a series of pieces of legislation designed to address the COVID-19 coronavirus pandemic. The Families First Act contains a number of employment related provisions that will have a direct impact on employers with fewer than 500 employees.
On March 18, 2020, we published and distributed a memorandum containing answers for many of the most pressing labor and employment related questions that we have been receiving. This memorandum supplements our March 18, 2020 memorandum and is intended to address and answer questions about the provisions related to the new labor and employment obligations under the Families First Act. Guidance documents and implementing regulations are expected from the Department of Labor as well as from other federal agencies. We will continue to update our clients as more information becomes available. This memorandum focuses on what our clients need to know about the version of the Families First Act signed into law, to include answers to the following questions / topics:
What are the provisions of the Families First Act that impact employers?
Emergency Paid Sick Leave Act (“EPSLA”):
Which employers are subject to the paid sick leave provisions?
Which employees are eligible for paid sick leave?
How much compensation must employers pay eligible employees for sick leave?
What is the compensation cap?
How much sick leave can an eligible employee take?
Is the employer required to give notice to employees of the paid sick leave?
When do the paid sick leave requirements begin?
When do the paid sick leave requirements end?
What about the employer’s existing sick leave policies?
Will employers be penalized for non-compliance with EPSLA?
Emergency Family and Medical Leave Expansion Act (“EFMLA”)
Which employers are subject to the leave provisions under EFMLA?
Which employees are eligible for leave under EFMLA?
How much leave is an eligible employee entitled to under EFMLA?
How much compensation must employers pay eligible employees for leave under EFMLA?
Is the employer required to give notice to employees of leave available under EFMLA?
Is the employer required to restore the employee’s position after leave?
When do EFMLA requirements begin?
When do EFMLA requirements end?
Tax Credits for Paid Sick Leave
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Please do not hesitate to call or email us with any additional questions you may have. We will be here for you throughout this pandemic. Stay safe.
As contractors monitor developments regarding the coronavirus (“COVID-19”) pandemic, they should be sure to implement measures to promote and protect the health and safety of their employees as recommended by the Centers for Disease Control and Prevention (CDC), OSHA and other public health and government officials.
We recently prepared and distributed a memorandum entitled, COVID-19 Coronavirus Frequently Asked Employment Law Questions and Answers, which you may have already received. If you did not already receive a copy, please select link below and contact Attorney Ben Lowenthal at bsl@hpsslaw.com.
CLICK HERE FOR FULL MEMORANDUM
The impact of the COVID-19 coronavirus pandemic on the construction industry, your jobs, and your employees is unknown. We know that you are facing labor and employment related issues and have many questions. We are here to answer your questions. We have put together answers for many of the most pressing labor and employment related questions that we have been receiving.
Can we restrict business travel and require employees to work from home?
We have employees who are fearful of the virus and don’t want to come to work. Do we have to pay them for the time they are away from work?
If an employee decides to stay home to avoid getting sick, can we count these absences against any paid leave they may be entitled to? Can we count it as an unexcused absence? Or are they protected absences?
Do we have to pay employees if we close the office and the employees are unable to work from home or otherwise not working?
Can we make employees who are exhibiting symptoms of a contagious illness or the COVID-19 coronavirus go home from work for the day? Do we have to pay them if we send them home?
Our business is suffering as a result of the COVID-19 coronavirus, and we are unable to keep our employees fully employed. Are we permitted to lay off employees until we recover from the fallout surrounding the virus? For employees that are laid off, can we continue to require them to pay the employee portion of their health insurance premiums?
Can we take an employee’s temperature at work to determine whether the employee might be infected?
If an employee has been absent from work, can we ask why the employee has been absent?
If an employee has been absent from work because the employee has been sick, can we require the employee to provide a doctor’s note or release before returning to work?
Does any of this implicate OSHA?
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Please note that if you have a company handbook, we suggest you first consult and follow your company’s policies as published in your company handbook.
