NEW FEDERAL EMPLOYMENT LAWS AND FLORIDA’S SAFER-AT-HOME ORDER IN PLACE

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.

Emergency Coronavirus Bill Signed into Law

This post was originally published as a guest post in Mary Key’s Key Associate’s forum.

On March 18, 2020 President Trump signed US House of Representatives’ Families First Coronavirus Response Act (H.R. 6201).  

The bill applies to employers with fewer than 500 employees. The following is a summary of some of the highlights that will affect these employers:

• 12 weeks of job-protected paid FMLA for Employees who have worked for the Employer for at 30 days. 

  • Employees may elect to use accrued PTO during the first 10 days.

  • Employees may use the leave to care for a child under 18 whose school or daycare has been closed as a result of COVID-19.

  • Following the first 10 days of leave, employers must compensate employees by at least 2/3 of the employees’ regular rate of pay with a $200 per day cap and $10,000 aggregate.

• Emergency Paid Sick Leave 

  • 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 calculated from a 6 month look back.

  • Paid sick time must be at the regular rate of pay with a cap of 

    • $511 per day per employee and $5,110 max if the employee has COVID-19.

    • $200 per day per employee and $2,000 max if the employee is caring from children under 18 whose school or daycare has been closed

• Employers must post notices of Employee’s leave rights.

• These provisions will be effective on April 1, 2020 and expire December 31, 2020.

To alleviate some of the financial burden, the bill provides for a limited refundable employment tax credit equal to the amount that an employer pays to an employee under this provision, i.e., up to $511, or $200 respectively, to a maximum of ten days per employee for the year.

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: tcremer@barbascremer.com. 

Is My Business Essential? Staying in Business During COVID-19 Shutdown Orders

Over the last 2 weeks, clients have had the Firm review numerous local and state shutdown orders (also referred to as stay at home orders in some areas) outlining which businesses and employees can report to work, and those that must shut down.  Each Executive Order differs as state and local governments independently define what they consider essential business.

For example, on March 26, 2020, Hillsborough County Florida issued it’s Safer-At-Home Order (“Safer At Home”) to go into effect at 10:00 p.m. on March 27, 2020. Like many orders, Safer At Home does not list an end date and will be ongoing until the County rescinds it.

Safer At Home allows Hillsborough County residents to continue to engage in essential activities and non-essential activities if social distancing and other CDC recommendations are met.

Safer At Home lists 42 broadly stated essential individuals, businesses, and services that may continue to operate provided they have implemented social distancing and other Florida Department of Health guidelines.

Businesses which are not described in Safer At Home, and which are unable to maintain six feet of distance between employees and/or customers must close.

Employers who operate or have employees residing in areas where Safer At Home or a similar shutdown order apply should:

• Assess whether you may remain open as an essential business per the guidelines in your local and state executive orders.

• If you qualify as an essential business, provide your employees with written notification alerting them that you are remaining open, and a formal letter that they can provide authorities if questioned on the drive to/from work.

• Evaluate what business practices should be modified and implemented to follow CDC and other health guidelines and minimize liability from employees and customers.

If you need assistance with any of the above, the Firm is here to assist in any way we can.

Department of Labor Issues Guidance and Notice Requirements under COVID-19 Bill

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.

Terin Cremer featured on NBC and CBS

Terin was featured on local CBS and NBC affiliates to discuss the impact of COVID 19 on the workforce and what employers should be doing. Her main message: Keep Employees Home. This will reduce liability and sickness and will keep your business up and running. Click here to view.

https://www.wfla.com/8-on-your-side/unemployment-claims-surge-amid-coronavirus-pandemic/?fbclid=IwAR0_GKnvulHAOf04z6GruR4xn92sdRNNuGZHcEzFzJ5bP8KRSNV2C67i7WI

Emergency Coronavirus Bill Signed into Law

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.

Emergency Coronavirus Bill Passed by the U.S. House & Senate

On March 18, 2020 the U.S. Senate passed the revised US House of Representatives’ Families First Coronavirus Response Act (H.R. 6201).  The bill now heads to President Trump’s desk where changes could be made, but it is expected to be signed.

As drafted, the bill applies to employers with fewer than 500 employees. The following is a summary of some of the highlights that will affect these employers:

• 12 weeks of job-protected paid FMLA for Employees who have worked for the Employer for at 30 days.

  • Employees may elect to use accrued PTO during the first 10 days.

    • Employees may use the leave to care for a child under 18 whose school or daycare has been closed as a result of COVID-19.

  • Following the first 10 days of leave, employers must compensate employees by at least 2/3 of the employees’ regular rate of pay with a $200 per day cap and $10,000 aggregate.

• Emergency Paid Sick Leave

  • 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 calculated with a 6 month lookback.

  • Paid sick time must be at the regular rate of pay with a cap of

    • $511 per day per employee and $5,110 max if the employee has COVID-19.

    • $200 per day per employee and $2,000 max if the employee is caring from children under 18 whose school or daycare has been closed

  • Employers must post notices of Employee’s leave rights.

  • These provisions will be effective within 15 days of President Trump’s signature and expire December 31, 2020.

To alleviate some of the financial burden, the bill provides for a limited refundable employment tax credit equal to the amount that an employer pays to an employee under this provision, i.e., up to $511, or $200 respectively, to a maximum of ten days per employee for the year.

Once the President has signed the final version of this bill into law 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.

*Note this article was updated 3/19/2020.

Emergency Coronavirus Bill Passed by the House

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.