Read this: COVID-19 and the American Workplace
The Wage and Hour Division provides information on common issues employers and employees face when responding to COVID-19, and its effects on wages and hours worked under the Fair Labor Standards Act (FLSA), job-protected leave under the Family and Medical Leave Act (FMLA), and paid sick leave and expanded family and medical leave under the Families First Coronavirus Response Act (FFCRA).
FFCRA will help the United States combat and defeat COVID-19 by giving all American businesses with fewer than 500 employees funds to provide employees with paid leave, either for the employee’s own health needs or to care for family members. 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.
Questions and Answers:
Field Assistance Bulletin:
For further information about Coronavirus, please visit the HHS’s Centers for Disease Control and Prevention.
Read this: Families First Coronavirus Response Act: Questions and Answers
Recently, the U.S. Department of Labor answered various questions regarding assistance to employers and employees and their responsibilities and rights under the Families First Coronavirus Response Act (FFCRA). "Paid Sick Leave" was defined as paid leave under the Emergency Paid Sick Leave Act. "Expanded family and medical leave" means paid leave under the Emergency Family and Medical Leave Expansion Act.
A: The FFCRA’s paid leave provisions are effective on April 1, 2020, and apply to leave taken between April 1, 2020, and December 31, 2020.
A: You have fewer than 500 employees if, at the time your employee’s leave is to be taken, you employ fewer than 500 full-time and part-time employees within the United States, which includes any State of the United States, the District of Columbia, or any Territory or possession of the United States. In making this determination, you should include employees on leave; temporary employees who are jointly employed by you and another employer (regardless of whether the jointly-employed employees are maintained on only your or another employer’s payroll); and day laborers supplied by a temporary agency (regardless of whether you are the temporary agency or the client firm if there is a continuing employment relationship). Workers who are independent contractors under the Fair Labor Standards Act (FLSA), rather than employees, are not considered employees for purposes of the 500-employee threshold.
Typically, a corporation (including its separate establishments or divisions) is considered to be a single employer and its employees must each be counted towards the 500-employee threshold. Where a corporation has an ownership interest in another corporation, the two corporations are separate employers unless they are joint employers under the FLSA with respect to certain employees. If two entities are found to be joint employers, all of their common employees must be counted in determining whether paid sick leave must be provided under the Emergency Paid Sick Leave Act and expanded family and medical leave must be provided under the Emergency Family and Medical Leave Expansion Act.
In general, two or more entities are separate employers unless they meet the integrated employer test under the Family and Medical Leave Act of 1993 (FMLA). If two entities are an integrated employer under the FMLA, then employees of all entities making up the integrated employer will be counted in determining employer coverage for purposes of expanded family and medical leave under the Emergency Family and Medical Leave Expansion Act.
A: No. Private sector employers are only required to comply with the Acts if they have fewer than 500 employees.
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Read This: Summary of Revised "CARES" Act Released by Majority Leader McConnell on Sunday, March 22, 2020
NOTE: The bill is subject to further changes as negotiations continue.
Small Business "Paycheck Protection Program"
Loan Program and Credit Facility:
(4) $425 billion for loans, loan guarantees and investments in support of facilities established by the Federal Reserve to support lending to eligible businesses, States, or municipalities.Via the Federal Reserve, the $425 billion could be leveraged significantly, potentially providing up to $4 trillion in financial support .
Allows Federal Reserve to purchase corporate, state and municipal bonds
Business Tax Provisions
Some provisions of previous drafts have been deleted, including:
Banking Relief :
Payments & Relief for Individuals:
Pandemic Unemployment Assistance:
An individual must provide certification that he or she is able and available to work , but is unemployed or underemployed due to:
These provisions do not apply to an individual who can telework with pay.
The federal government will pick up 100% of the cost.
Emergency Increase in Unemployment Benefits:
This sunsets on December31, 2020.
Work Sharing Programs:
Limitations on Paid Leave under the Families First Coronavirus Response Act (FFCRA):
Changes to the "Phase 2" Bill that was just enacted :
Improving Access to Health Care:
provider based on the rate negotiated between the plan and the provider (i.e., the in-network rate). If there is no negotiated rate between the plan and provider (i.e., the provider is out -of-network), the plan would fully reimburse the provider based on the provider's own "cash price" which must be publicly available (listed on a public website). Providers who fail to make their price public could face a civil monetary penalty of up to $300 per day from the Department of Health and Human Services.
would be quickly covered without cost-sharing on a permanent basis as a preventive service.
Provides $242 billion in additional federal appropriations, including: