COVID-19: Federal Guidelines & Employer Considerations

By Michael J. Gore

We recognize the unique implications that COVID-19 is having on businesses in our community, and the difficult decisions that employers must make during this time.

As businesses respond to the impact of the coronavirus on their workforce, it is imperative to consider these federal laws in decision-making:

• Americans with Disabilities Act

• Fair Labor Standards Act - an employer who implements a work from home status should consider legal pitfalls that may arise from such an arrangement, including certain timekeeping obligations.

• Families First Coronavirus Response Act (FFCRA) – This NEW federal legislation becomes effective April 2, 2020 and will have a significant impact on businesses in our community.

Employers with fewer than 500 employees will be faced with drastic changes. The new law, among other things:

• Significantly amends and expands the FMLA on a temporary basis, i.e. until December 31, 2020. The current employee threshold for FMLA coverage would change from only covering employers with 50 or more employees to now covering those employers with fewer than 500 employees. Therefore, many employers not previously subject to the FMLA may be required to provide job-protected leave to eligible employees for a COVID-19 coronavirus-designated reason.
• Includes a paid sick leave provision for certain qualifying events.
• Contains certain tax credits for paid leave.
• Requires notice informing employees of their rights.

More information about the FCCRA, including notice requirements can be found here.

We are available and accessible during this time to help navigate these laws and the resulting challenges.

Please click here to contact us with questions or to request more information.