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Pivotal Moment Minute: Labor Department Issues More Coronavirus-Related Workplace Guidance

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Pivotal Moment Minute

Relevant Topics Impacting Your Business

July 27, 2020


Brief Notes and Links Specific to Updated / Additional Info

Information provided by Lisa Nagele-Piazza, J.D. SHRM-SCP


More Guidance from U.S Dept of Labor on Rights and Responsibilities Federal Leave/Wage & Hour Laws

FULL ARTICLE HERE

Updated information includes:
  • Do employers have to pay employees for unauthorized telework hours?
    • Employers must pay employees for all hours of telework actually performed, including overtime work, if the employer knew or had reason to believe the work was performed.
  • Is hazard pay required for employees working through a pandemic?
    • Not under federal wage & hour laws. 
  • Will telemedicine visits count as in-person visits to establish a serious health condition under the FMLA?
    • Yes, through December 31st.

 DOL Resources for Employers on COVID -19 and the Workplace

picture of capitol building wash monument

Dept of Labor provides a number of resources to help employers and workers navigate tricky wage and hour and leave issues during the pandemic.  Resources include a fact sheet for employees, a fact sheet for employers, and a set of questions and answers about paid sick leave and expanded family and medical leave under the FFCRA.

EMPLOYERS WITH Less than 500 employees REMINDER:

PPE

YOU (your business) is eligible for tax credits to cover the cost of providing employees with paid leave taken for specified coronavirus-related reasons.
Lawmakers enacted the FFCRA to help businesses and workers during the coronavirus pandemic. "The legislation will ensure that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus, while at the same time reimbursing businesses," the DOL said.
"Many employers that we have worked with get confused by this," says Tom Hamilton of Hamilton Edwards, Inc. "Employers don't realize that they can get reimbursed for the employees paid time off through the federal government's tax credit". Here are the qualifying specifics:

Qualifying for Emergency Paid Leave

Under the FFCRA, many employers will have to provide up to 80 hours of paid-sick-leave benefits if an employee:

1.  Has been ordered by the government to quarantine or isolate because of COVID-19.
2.  Has been advised by a health care provider to self-quarantine because of COVID-19.
3.  Has symptoms of COVID-19 and is seeking a medical diagnosis.
4.  Is caring for someone who is subject to a government quarantine or isolation order or has been advised by a health care provider to quarantine or self-isolate.
5.  Needs to care for a son or daughter whose school or child care service is closed due to COVID-19 precautions.
6.  Is experiencing substantially similar conditions as specified by the secretary of health and human services, in consultation with the secretaries of labor and treasury.

Paid sick leave must be paid at the employee's regular rate of pay, or minimum wage, whichever is greater, for leave taken for reasons 1-3 above.

Employees taking leave for reasons 4-6 may be compensated at two-thirds their regular rate of pay, or minimum wage, whichever is greater. An additional 10 weeks of partially paid, emergency FMLA leave may also be available for child care purposes.

NOTE: Employees who take their children out of daycare or stay at home because they fear getting the virus are not covered under FFCRA.

For more information go to:
https://www.irs.gov/newsroom/covid-19-related-tax-credits-for-paid-sick-and-paid-family-leave-overview
https://www.dol.gov/agencies/whd/pandemic/ffcra-employer-paid-leave

Contact us at info@hamiltonedwards. com for more information.

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