| View this email online if it doesn't display correctly |
|
|
|
Newsletter #88 March 18, 2020 |
| | COVID19: An Employer Need to Know
By: Graham Newsome
Constangy, Brooks, Smith & Prophete March 16, 2020
The rise of COVID-19, commonly referred to as the “novel coronavirus” or “coronavirus”, can lead to many issues for employers. The current state of affairs is mostly a novel issue for both employers and their employees. Despite the uncertainty of COVID-19, employers should keep the following in mind so as to stay abreast of the law in an already difficult period for businesses around the world.
WARN Act
An often forgotten concern that many employers must remember when making COVID-19 decisions is whether the employer has a notice obligation under the federal Worker Adjustment and Retraining Notification (“WARN”) Act. Fed WARN requires employers to provide 60 days’ advance notice to covered employees, unions, and government officials prior to a plant closing or mass layoff at a single site of employment.
Not all layoffs trigger these requirements, however, and exceptions may apply. Temporary layoffs of less than six months are not considered to be employment losses under the WARN Act. The size of the layoff also matters. The Warn Act is not triggered unless, at a minimum, there are 50 employment losses at a single site of employment in a 90-day period.
The Fair Labor Standards Act
For employers who may need to temporarily cease operations, employees will likely ask the question, “Will I get paid?” The short answer is, it depends.
Employers do not need to pay non-exempt employees for time not worked. However, if an exempt employee performs any work during a workweek, that exempt employee must receive their entire salary that week. Failure to compensate an exempt employee for a week where any work is performed jeopardizes that employee’s exempt status. If an employer lays off or furloughs an exempt employee for an entire workweek, however, then no salary is owed for that full week and the employee’s status is not affected. Employers should therefore inform employees that work is not authorized during the shutdown period without advance written approval.
The Family and Medical Leave Act
The Family and Medical Leave Act (“FMLA”) entitles eligible employees of covered employers to take up to 12 weeks of unpaid, job-protected leave in a designated 12-month leave year for specified family and medical reasons.
Employees are eligible to take FMLA leave if they work for a covered employer and:
• have worked for their employer for at least 12 months;
• have at least 1,250 hours of service over the previous 12 months; and
• work at a location where at least 50 employees are employed by the employer within 75 miles.
COVID-19 would likely be considered a serious health or medical condition. FMLA also allows for employees to request leave to care for a close family member with a serious health or medical condition. Currently, FMLA would likely be the most useful to employees who have younger children who have been infected with COVID-19 and request FMLA leave.
Unemployment Benefits for Employees
The U.S. Labor Department recently gave states flexibility to amend their laws to provide unemployment benefits in events related to the coronavirus in an effort to limit the damage on the economy from the pandemic.
Most states can pay benefits in cases of temporary unemployment because the coronavirus is preventing employees from coming to work. Individuals quarantined with the expectation of returning to work after the quarantine is over can also receive unemployment benefits as well as those leaving employment due to a risk of exposure or infection or to care for a family member.
Families First Coronavirus Response Act, H.R. 6201
Notwithstanding the above, on March 14, 2020, the U.S. House of Representatives passed the Families First Coronavirus Response Act. The bill will be voted on by the Senate during the week of March 16, 2020 and is expected to pass in its current form. The bill contains the following changes that employers should be aware of:
Paid Family Medical Leave
The bill provides 12 weeks of job-protected paid FMLA leave for employees of employers with fewer than 500 employees. The first 14 days are unpaid, and employees may use accrued personal or sick leave during the first 14 days, but employers may not require employees to do so. Employees who have been working for at least 30 calendar days are eligible for leave benefits. Employees may use the leave to comply with quarantine requirements, to care for family members, and to care for a child whose school has been closed due to COVID-19. After the first 14 days, employers must compensate employees in an amount that is not less than two-thirds of the employee’s regular rate of pay. These pay requirements apply to only the COVID-19-related leave reasons listed above. The provisions will go into effect 15 days after the date of enactment and expire on December 31, 2020.
Paid Sick Leave
Employers with fewer than 500 employees will be required to provide full-time employees 2 weeks (80 hours) of paid sick leave for issues such as self-quarantining or doctor’s visits. Part-time employees are entitled to the number of hours of paid sick time equal to the number of hours work over an average of a 2-week period. Employers must compensate employees for any paid sick time they take at their regular rates of pay. Employers will be required to post a notice informing employees of their rights to leave. The provisions will go into effect 15 days after the date of enactment and expire on December 31, 2020.
Unemployment Insurance
The bill provides $1 billion in emergency relief to states for unemployment purposes: $500 million for costs associated with administration of the UI program and $500 million to assist with a 10 percent increase in unemployment. In order to receive these funds, states must relax claimant requirements like waiting periods and work search requirements.
Seek timely legal advice as needed
Employers should be aware that the circumstances related to COVID-19 are changing by the day, and should seek timely legal advice to address any issues or concerns relating to the passage and requirements of the Families First Coronavirus Response Act. Employers should also remind employees to: stay out of work if symptoms are present and immediately notify their employer; wash their hands often; and avoid unnecessary travel. Employers should also refrain from fueling any rumors or unsupported gossip regarding COVID-19. These rumors and gossip lead to panic that can cause mass hysteria and irreparable harm.
|
|
| Toxic Employees- Everybody has one!
Live Webinar
How to Manage Toxic & Other Employees Who Have Attitude Issues
Time and Date: Tue, Mar 24, 2020 1:00 PM – 2:00 PM EDT
Overview:
Almost every organization has “that employee” who spreads discord within and outside the organization by outright or underhanded means. “I don’t know what to do with them” is the most common response but not the best response.
The toxic employee problem is surprisingly prevalent & causes significant operational, people-related and financial damage – often even after the toxic employee has left. A toxic employee’s visible behavior is often just the tip of the iceberg. Unfortunately, too many organizations are unnecessarily enduring and suffering the consequences of toxic behavior.
Join Georgia Employers’ Association and Pete Tosh as he gives you proven methods to address the toxic employee issue.
Who Should Attend the Webinar:
Any leader, manager, or supervisor who wants to improve skills, meet their managerial performance objectives and achieve greater results for their organization.
Visit our website for more information or click the button below to register for webinar. Go to website>>
Price: Members: $60 (members use promo code geamember1 to get discount)
Non-Members: $75
|
| | 2020 Spring Conference Update!!
In the wake of the COVID-19 outbreak and the CDC suggestions to postpone all events over the next 8 weeks. We at the Georgia Employers' Association are currently reviewing the possible postpone of this event. Please continue to check back with us for more updates to come.
|
| | | GEA Training Second Quarter 2020
Webinars
GEA will begin offering Webinars in the 1st Quarter of 2020. More Information to follow and here are some of the topics being considered. Please let us know what topics you would like to see offered. Please check back with us on our Webinars offerings will be adding more in the weeks to come.
Strategic HR Leadership Series - Pete Tosh, The Focus Group (spaces available Register today) Leadership Training Series - Juandell Wilson Humphries Consulting, Inc. (March class postponed till April note the changes) |
| |
Georgia Employers' Association |
|
|
| |
