On June 27, 2023 the Pregnant Workers Fairness Act, which requires employers with 15+ employees,to provide reasonable accommodations to an employee’s known limitations connected to pregnancy, childbirth and related medical conditions goes into effect. While similar to the ADA, including the requirement to engage in the Interactive Process, the Act provides additional protections.
Read MoreThe U.S. Department of Labor (“DOL”) issued a new temporary rule revising the Families First Coronavirus Response Act. The new rule goes into effect today, September 16, 2020. The new rule is in response to the August 3, 2020 decision by a New York Federal District Court decision which invalidated several provisions of the DOL’s original rule.
Key changes in the rule are summarized as follows:
Read MoreThe Department of Labor issued new guidance in it’s FAQs for employers and employee’s dealing with hybrid learning (both in person and online). The Families First Coronavirus Response Act requires that employers with less than 500 employees provide up to 12 weeks of paid leave for employees to care for a child whose school or daycare has been closed as a result of COVID-19.
Read MoreThis week school districts across the country began school online or in person. Managing Partner Terin Cremer partnered with McGriff Williams Insurance to discuss the Families First Coronavirus Response Act (“FFCRA”) and the challenges facing employers. During the webinar she addressed questions on how to handle employee absences due to the various closures / remote learning circumstances across the country as schools reopen. Her 45 minute presentation can be viewed here.
Read MoreThe Center for Disease Control (CDC) has released a 60 page guidance document (“Guidelines”) outlining the reopening of states. The Guidelines outline a three phase approach. When moving to a new phase the CDC uses six indicators: decreases in new Covid-19 cases, decreases in emergency room visits, decreases in outpatient visits for Covid-like illnesses, decrease in percentage of positive Covid tests, reduction of crisis care, and robust testing programs, to guide when to move to each phase. The Guidelines (page 18) also link to additional industry specific and small business recommendations the CDC has released during the COVID crisis.
Read MoreOne week since the Families First Coronavirus Response Act (“FFCRA”) went into effect, and businesses and employees are still struggling to understand the new law. Here are the top ten questions the firm received over the last week and the abbreviated answers.
Does the FFCRA apply to businesses with less than 50 employees?
Yes! While there is an opportunity for some small businesses to receive an exemption, this is not automatic and needs to be documented.
Do I have to pay an employee for leave under the FFCRA if they were furloughed?
No, but you need to make sure you understand what a furlough is, since the media has sometimes described the concept inaccurately.
My employee has expressed concerns about coming to work and did not show up today, can I fire him?
Maybe, first let’s look at the employee’s reason why and whether you are obligated to provide them with information on FFCRA leave.
Will the tax credit for paying employees leave under the FFCRA be automatic?
No, you will be required to present documentation. You should start preparing for this now.
Can I require my employee to take unused PTO or sick leave before using leave under the FFCRA?
No. You should consider modifying your leave policies in light of the additional leave under the FFCRA’s emergency paid sick leave requirements.
Do I have to keep records of an employee’s request for FFCRA leave?
Yes. Regardless of whether you grant or deny a request for paid sick leave or expanded family and medical leave, there are several requirements for what must be documented by the employer.
My worksite is closed. Do I have to provide leave under the FFCRA?
No, not while it is closed. The answer, however, gets complicated if only part of a larger operation or site is closed.
If my employee already used his 12 weeks of FMLA leave for the year, must I provide an additional 12 weeks under the FFCRA’s Extended FMLA?
It depends on whether your company policy calculates FMLA leave on a rolling or calendar basis. Extended FMLA expires December 31, 2020.
We have been deemed an “essential business” by our state or local government, are we now exempt from the FFCRA requirements?
No. FFCRA only exempts health care providers and emergency responders.
My employee has elected to take leave under the FFCRA because they are quarantined and waiting on a COVID-19 diagnosis. Do I have to notify my other employees and customers?
This is a complicated question that needs to be addressed on a case-by-case basis. We should discuss.
As you face the day-to-day questions of balancing business concerns, the law, and health and safety, please contact me if you have any questions.
Today is the day! Both the Families First Coronavirus Response Act’s Extended Family Medical Leave (E-FMLA) and Emergency Paid Sick Leave (E-PSL) are effective today, April 1, 2020. Make sure your notice is posted and you have policies in place for both E-FMLA and E-PSL so you can demonstrate compliance.
On top of these new federal laws, today Florida Governor Ron DeSantis issued a statewide shutdown executive order. The order will be effective from 12:01am on April 3, 2020 through April 30, 2020. The order requires that all persons in Florida “shall limit their movements and personal interactions outside their home to only those necessary to obtain or provide essential services or conduct essential activities.”
The Governor’s 34-page order outlines essential services businesses that may remain operational and essential activities Floridians may participate in. The order must be read in conjunction with any local orders that have been issued in your county and municipality. If you have any questions on how this order affects your business please reach out to the firm.
If you’d still like more information, below are 2 webinars I participated in that focus on supporting small businesses during the COVID-19 pandemic.
Webinar by the Tampa Bay Chamber (over 500 attendees)
Legal focused webinar hosted by Key Associates
As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can. Please email me for more information.
On March 25, 2020 the Department of Labor (“DOL”) published a required notice under the Families First Coronavirus Response Act for employers with fewer than 500 employees. Those employers must post this notice by April 1, 2020. The notice is available here. In addition, the DOL has issued FAQ’s to address questions on how to distribute the information.
Note that the DOL has changed the effective date to April 1, 2020 rather than April 2 which had been previously reported.
Action items for employers less than 500 before April 1, 2020:
Draft a handbook policy for Emergency FMLA and Emergency Paid Sick Leave
Post and/or distribute the new DOL notice poster
Update leave and FMLA policies to anticipate these new required policies
If you need assistance with drafting any of the above, we are able to do so.
For additional information on what is required of employers under the Families First Coronavirus Response Act, please see the Firm’s summary here.
As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can.
President Trump has signed the Families First Coronavirus Response Act into law. The Act remained unchanged following the House’s revisions, and Senate’s passage on Wednesday March 18, 2020.
The Act applies to employers with fewer than 500 employees. The firm’s emailed summary of the Act’s impact on Employers from March 18, 2020 can be found here.
The Families First Coronavirus Act will be effective no later than April 2, 2020. The firm is here to help Employers with drafting policies and handbook updates to address the new requirements and communicate with employees.
As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can.
On March 14, 2020 the US House of Representatives passed the Families First Coronavirus Response Act (H.R. 6201). The bill now heads to the Senate where it will likely pass early this week.
As drafted, the bill applies to employers with fewer than 500 employees, and employees who have been working for the employer for at least 30 calendar days. The following is a summary of some of the highlights that will affect these employers:
12 weeks of job-protected paid FMLA.
Employees may use accrued PTO during the first 14 days, but employers may not require employees to do so.
Employees may use the leave for required or recommended quarantines for themselves, to care for family members, or to care for a child whose school has been closed as a result of COVID-19.
Following the first 14 days of leave, employers must compensate employees by at least 2/3 of the employees’ regular rate of pay.
Employers must provide full time employees with 80 hours of paid sick leave for circumstances related to COVID 19.
Part time employees are entitled to the number of paid sick time equal to the number of hours they work over an average 2-week period.
Paid sick time must be at the regular rate of pay.
Employers must post notices of Employee’s leave rights.
These provisions will be effective 15 days after enactment and expire December 31, 2020.
Once the Senate has passed the final version of this bill the firm will provide an analysis of the requirements.
As you face the day to day questions of balancing business concerns, the law, and health and safety, the firm is here to assist in any way we can.
Barbas Cremer Law assists small and midsize businesses with legal issues that arise regarding their employees, clients, and business processes. Barbas Cremer Law provides a solution based approach that allows its clients to focus on their businesses while we take care of the legal work.
The information contained on this website presents general information about our firm and is not and should not be used as legal advice. Before acting on any of the materials presented on this website, we advise you to seek legal counsel regarding your own unique situation. Using this website does not create an attorney-client relationship between the user and Barbas Cremer, PLLC or any of its attorneys. The hiring of an attorney is an important decision that should not be based solely upon advertisements.
Barbas Cremer, PLLC | 209 S. Packwood Ave. | Tampa, FL 33606 | 813-421-5442 | info@barbascremer.com
