COVID-19 – Page 14

March 31, 2020June 29, 2023

Coronavirus Update: Employers, PLEASE don’t take your employees’ stimulus checks

One employer is an anomaly, two is a trend that must be stopped.

Last week, I nominated for the Worst Employer of 2020 an unnamed national restaurant chain that was reported to be stealing (the company called it “absorbing”) its employees’ CARES Act stimulus checks by reducing their scheduled hours in a pro-rata amount.

Now, another employer has been outed with similar plans.

According to KXAN, an unnamed national company advised its employees that it would be preemptively deducting funds from their paychecks based on the amount each employee anticipated receiving in their stimulus check.

The worker said his company emailed a form titled “Employee Acknowledgement of ‘Government Assistance’ Pay Reduction” to some staffers on Wednesday. “In response to the economic crisis that is affecting all of us due to the coronavirus pandemic…(company name redacted) are hereby enacting the Employee Emergency Compensation Fund,” the letter stated.

The agreement would put workers under a “temporary compensation reduction that is in line with the assistance that it receives from the federal government related to the COVID-19 pandemic.” By signing the agreement, the company’s employees would have their paychecks between April 6 and April 20 cut by 100% of any money received under the stimulus bill.

The company would also take half of the $500 stipend allotted for dependents under the bill.

The Lost Ogle identified the company as Oklahoma City-based ImageNet Consulting, and further reported that after public outcry it has delayed the plan. The company’s President/CEO Pat Russell sent the following email to his employees:

As a result of the few inquiries we have this week, I wanted to make the following points of clarification with regard to the Employee Emergency Compensation Program that was announced and specifically for those employees who have not already sacrificed with immediate pay reductions.

First, the plan will not go into effect until the earliest of April 6th and, there will be no pay reduction for the paycheck received on that date.

Second, it appears that Congress is very close to passing sweeping legislation to provide relief to companies like ours and to individuals. … If we can determine ways to minimize the amount of sacrifice that we have asked everyone to make, we will do so and amend the plan accordingly.

That last paragraph is his email is really important. The CARES Act contains key payroll and other relief to small and mid-size businesses, known as the Paycheck Protection Program. It allocates $350 billion to businesses with less than 500 employees through low interest (and, in some cases, fully forgivable) loans to help pay payroll, rent and utilities.

There are ways to keep your business operational and solvent without “absorbing” your employees’ stimulus checks. They need that money to live. Moreover, in the very same Act that makes those stimulus checks available, the government also makes available for businesses Paycheck Protection Program loans. Use those loans to help your business stay afloat during these trying and difficult times. Don’t absorb the money that’s meant specifically for your employees. It’s just plain wrong.

For more information on how your business can obtain funds through the Paycheck Protection Program, contact me and I’ll put you in touch with an attorney on our Coronavirus Response Team.

March 30, 2020June 29, 2023

Coronavirus Update: More answers from the DOL on the FFCRA, and another Zoominar

On March 26, the DOL published a second round of FAQs (numbers 15-37) answering more questions on the operation of paid family and sick leave under the Families First Coronavirus Response Act.

Here’s what the DOL has to say:

1. Employers are entitled to require documentation from employees in support of their need for paid family leave or paid sick leave under the Act. This documentation includes a copy of the Federal, State or local quarantine or isolation order, written documentation by a health care provider advising you to self-quarantine, or a notice of closure or unavailability from a child’s school, place of care, or child care provider. Employers are also required to retain this documentation. Note, however, that the requirement of medical documentation is contrary to the CDC’s recommended best practices, for fear of overburdening our already stressed medical system and providers.
2. Intermittent paid family leave and paid sick leave are allowed under the Act in any increment, but only if the employer agrees and if the employee is unable to telework their normal schedule of hours because of one of the qualifying reasons for leave under the Act. Note that the DOL is encouraging “employers and employees to collaborate to achieve flexibility and meet mutual needs,” and that it “is supportive of such voluntary arrangements that combine telework and intermittent leave.’
3. An inability to telework means a complete inability to perform the job remotely. If an employer and employee agree, for example, that the employee will work the normal number of hours, but outside of normally scheduled hours (for instance early in the morning or late at night), then the employee is able to work and leave is not necessary.
4. If an employer closes prior to April 1, its employees are not eligible for paid family or sick leave. Employers that close after April 1 are only required to pay employees for family or sick leave taken under the Act through the date of closure.
5. Employees on furlough or temporary layoff are not eligible for paid family leave or paid sick leave under the Act. Further, employees cannot use paid family or sick leave for hours not working because of a reduced work schedule.
6. Employees may not use their employer’s available paid time off to make them whole during a paid leave provided by the Act unless the employer expressly agrees. In other words, because FFCRA leave is capped, and may result in an employee receiving less than full pay, the Act does not permit employees to substitute other paid leave during FFCRA leave to make them whole.
7. Employers cannot require that employees use available paid time off to make them whole during a paid leave provided by the Act.
8. Employers are always free to provide employees more paid leave than the Act requires, but cannot claim any tax credit for the excess leave.

As for questions still left unanswered, my friend Jeff Nowak at FMLA Insights fills us in.

It’s still not clear from yesterday’s guidance who gets to make the ultimate call on whether the employee can telework and what happens if/when the employee objects to telework. We could use more guidance there.

What rules will DOL apply to exempt small businesses with fewer than 50 employees when the law’s requirements would jeopardize the viability of the business? [Me: this is a biggie]

Will DOL give guidance to employers with fewer than 25 employees as to how they comply when they cannot return an employee to an equivalent position.

I’ll be discussing these FAQs, along with answering all of your coronavirus-related employment law questions live on Zoom, Monday from 1-2 ET: https://zoom.us/j/856368874.

There will be plenty of room for everyone, as I’ve bumped the capacity to 500. And don’t forget, Norah promised she’ll drop by to share a song with everyone. Come for the info, stay for the music.

March 26, 2020

Coronavirus Update 3-26-2020: A Q&A and the DOL’s FFCRA notice

employment law, labor law, overtime records

Yesterday I held my first Zoominar. (Is this an actual word, or did I just make it up?) I opened up my Zoom room for the first 100 people to join and ask any coronavirus-related employment law questions they wanted. I shared #MyQuarantineHaiku (see below), saw some familiar faces, met some new old friends, and answered dozens of questions.

If you weren’t able to join or couldn’t get in, you can watch it here:

Also yesterday, during my Zoominar, the DOL published its required Employee Rights poster for the Families First Coronavirus Response Act. You must post it alongside your other employment law posters no later than April 1, and email it to those employees that are currently working remotely. But you might want to brush up on your PDF editing skills before you do so, because the DOL’s model poster has a big ol’ typo. In describing the paid leave entitlement for employees taking time off to care for children, the DOL lists the maximum dollar cap as $12,000 instead of $10,000. A big mistake, and one we will assume the DOL will fix soon. (Thanks to Eric Meyer for pointing this out to me.) You can also bring it to the DOL’s attention on one of its FFCRA twitter chats, or on the online forum it is hosting.

Two more things. First, I will be hosting another Zoominar this coming Monday, March 30, from 1 – 2 pm. And this time I won’t be caught off guard by the questions about how my daughter’s band, Fake ID, is weathering the coronavirus storm. In fact, she’s promised to join and perform a song for everyone. You’ll be able to access the Zoominar here.

Finally, #MyQuarantineHaiku.

Day-time pajamas

I don’t have hair to pull out

Night-time pajamas

Be well and stay safe. I’ll see everyone tomorrow.

March 25, 2020April 11, 2023

The impact of COVID-19 on hourly and low-wage workers

shift scheduling for hourly restaurant workers, shift swap

One thing COVID-19 has done in the United States is put a spotlight on how a pandemic impacts lower wage hourly workers versus salaried, higher-earning employees.

With a limited number of coronavirus tests currently available, many wealthy Americans, celebrities and politicians have been able to get tested for COVID-19 and get results quickly while cutting less affluent people in line. While insurers have waived the copay to get tested for the virus, patients still have to pay for treatment, which could result in thousands of dollars of medical bills. As Time noted, one uninsured patient owed $34,927.43 for her treatment.

“While most people infected with COVID-19 will not need to be hospitalized and can recover at home, according to the World Health Organization, those who do need to go to the ICU can likely expect big bills, regardless of what insurance they have,” the article stated. “As the U.S. government works on another stimulus package, future relief is likely to help ease some economic problems caused by the coronavirus pandemic, but gaps remain.”

Amid the COVID-19 outbreak, workers who need paid sick days the most have the least, wrote Elise Gould, senior economist at the Economic Policy Institute, in an EPI article. Only 30 percent of the lowest-paid workers — many of whom are hourly workers in the service industry — have the ability to earn paid sick days, and these are the workers who typically have contact with the public.

These workers also typically are the ones who can’t work from home. According to the U.S. Bureau of Labor Statistics, among 25 percent of full-time workers who earn the least, only 9.2 percent have the option to work from home compared to the 61.5 percent of employees who earn the most.

Also read: The role of businesses in addressing public health outbreaks

Some companies have been positive in their response to COVID-19. Microsoft decided to continue to pay all its hourly service providers their regular pay while the company has reduced service needs. Walmart also announced that workers would receive up to two weeks pay should they be quarantined or test positive for the virus.

According to a Willis Towers Watson survey of 805 companies polled the week of March 16, 72 percent of employers will continue to pay hourly workers who test positive for coronavirus. Similarly, 54 percent will also pay hourly employees who have cold or flu-like symptoms and choose to stay home. Less promising, only 36 percent will continue paying hourly workers when they stay home because they don’t have child care.

Meanwhile, other companies have decided that mass layoffs are necessary so its out-of-work employees can collect unemployment benefits and return to their old job “when this extraordinary episode ends.”

Unemployment benefits may be helpful. But while a common occurrence in the face of the COVID-19 pandemic is more people getting laid off, more than 50 percent of employees get health coverage through work. Former employees have to worry about regular finances like rent and food while also figuring out what to do once they’ve lost their employer-provided health insurance.

Laid-off employees can sign up for Affordable Care Act coverage, but they need to avoid common, easy mistakes, according to the USC-Brookings Schaeffer Initiative for Health Policy, which provides laid-off employees guidance to find a new insurance plan. For example, short-term insurance coverage can be misleading for consumers, the report noted. This type of health plan may not cover costly services like hospital visits and often doesn’t protect people with pre-existing conditions.

In light of the unique issues facing low-wage and hourly workers, there are certain best practices companies can consider. According to Gallup, these best practices include:

Approving additional budget for supplies or additional paid time off.
Granting paid time off for symptomatic employees, employees who must care for family members who are diagnosed with COVID-19, and/or employees with diagnosed cases of COVID-19.
Permitting unlimited unpaid time off without penalty.
Paying for time spent under quarantine.
Communicating employer-sponsored insurance and other relevant benefits.
Making revisions to employee compensation and benefits policies.

COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our platform for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will gladly provide a personal, online walkthrough of our platform to help you get started.

March 25, 2020June 29, 2023

Most companies commit to paying hourly workers who test positive for COVID-19

There’s some good news for hourly workers as worries escalate regarding the COVID-19 pandemic.

A new survey by Willis Towers Watson revealed that 72 percent of employers in North America are committing to pay hourly workers who test positive for the coronavirus.

The survey, which was released March 23, also stated that 54 percent of those employers agree to compensate hourly workers whose workplace experiences a mandated closure and 51 percent will pay those hourly workers who have a cold or flu-like symptoms and voluntarily stay home.

Also read: The impact of COVID-19 on hourly and low-wage workers

However, just 36 percent of companies will continue paying hourly workers when they stay home because they don’t have child care.

According to the Willis Towers Watson’s “COVID-19 Hourly Employee Pay Practices Survey,” which was conducted during the week of March 16, most organizations that will continue to pay hourly employees plan to do so for 10 to 15 days. The average organization will do so for 14 days at 100 percent of their current base rate, the survey stated, adding that it will vary based on the circumstances.

Also read: Scheduling headaches: How to better manage your hourly workers’ schedules

Organizations agree to pay employees under these conditions:

For employees with a confirmed COVID-19 case, 87 percent will pay hourly workers 100 percent of their current rate.
For employees whose workplace experiences a mandated closure, 94 percent will pay them 100 percent of their current rate.
For employees with a cold or flu-like symptoms who voluntarily stay home, 92 percent will pay them their full pay rate.

Some 44 percent will pay employees who can’t perform their duties at home but are involuntarily required to stay home due to quarantine at either 100 percent or less of their current rate without them having to draw from their paid time off, the survey stated.

Most employers (75 percent) don’t have plans to provide special treatment to employees who report to work when other employees are required to stay away from work.

However, more than 10 percent of employers have plans or are considering a range of options to recognize these employees, including adjusted (situational) overtime, additional paid time off to be used after COVID-19-related disruption and other forms of recognition.

Of the 805 companies, 56 percent of which were multinationals, participated in the Willis Towers Watson COVID-19 Hourly Employee Pay Practices Survey.

It is clear that most employers are standing by their hourly employees, at least in the short term, said Adrienne Altman, managing director, North America lead, Rewards, Willis Towers Watson.

“While many employers are still working to determine their overall strategy for responding to COVID-19, we see consistency in how they plan to manage pay for the affected portions of their hourly workforce,” Altman stated in a release regarding the survey.

Offer: COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our GPS clock in tool for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will provide a personal, online walkthrough of our platform to help you get started. It can be fully deployed in 1-2 days.

March 25, 2020June 29, 2023

The 5th nominee for the Worst Employer of 2020 is … the coronavirus stimulus snatcher

Can we just close the poll now and announce today’s nominee the winner?

If anyone can verify the identity of this employer I’d love to know who it is.

Alison Green, over at Ask a Manager, provides the truly awful details.

I work in an administrative role at a national restaurant chain.

I just got off of a conference call with corporate in which they told us that if the U.S. government sends us the proposed stimulus checks due to Covid 19, they plan to absorb the money we receive by cutting our hours to reflect that amount. In other words, if each person receives a check for $1,200, $1,200 will effectively go back to the company. Is this legal?

Legal? Yes.*

Morally repugnant and disgustingly reprehensible? Also, yes.

There is no reason (other than flat-out greed and corporate gluttony) to “absorb” an employee’s stimulus check by reducing working hours in a pro-rata amount. It is just the worst, given the current state of health and financial crisis in which we find ourselves.

If you know of an employer doing awful coronavirus-related things to its employees, please let me know by contacting me or by leaving a comment below. I’d like to think that we are better than this, but sadly I know that many are not. And those that aren’t should be held accountable.

* Note: Employers cannot dock the pay of exempt employees for hours not worked in a week without jeopardizing the employee’s exemption, along with the exemption of employees in the same job classification working for the same managers (subject to limited exceptions).

Previous nominees:

The 1st Nominee for the Worst Employer of 2020 Is … the Repeat, Repeat Offender

The 2nd nominee for Worst Employer of 2020 is … the Uncaring Chief

The 3rd nominee for the Worst Employer of 2020 is … the Arresting Retaliator

The 4th nominee for the Worst Employer of 2020 is … the Perverted Peking-duck Purveyor

March 23, 2020June 29, 2023

Frequently Asked Questions about Ohio’s coronavirus ‘stay at home’ order

COVID-19, coronavirus, public health crisis

Effective Monday, March 23 at 11:59 p.m., and continuing through at least April 6, the state of Ohio, via an order of Dr. Amy Acton, director of the Ohio Department of Health, has closed all non-essential businesses to help combat the spread of COVID-19. Gov. DeWine stated that he would reevaluate the April 6 end date as necessary.

These closures are mandatory. A copy of the order is available here.

To help answer your most pressing questions about how this stay at home order impacts your business and your employees, I drafted this FAQ.

Also read: During COVID-19 outbreak, utilize your internal communications in your company crisis plan

For additional information and updates on how coronavirus will continue to impact your business, bookmark workforce.com/news, coronaviruslaw.blog or ohioemployerlawblog.com, or subscribe via RSS or email.

Frequently Asked Questions about Ohio’s stay at home order:

Q: What businesses are open and what businesses are closed?
A: All non-essential businesses in Ohio are closed from March 24 through at least April 6.

Q: What are the “essential businesses” that are permitted to remain open?
A: The Stay at Home Order deems the following 26 categories of businesses as “essential.”

Healthcare and public health operations, human services operations, essential government functions, and essential infrastructure
The critical infrastructure sectors as defined by the Department of Homeland Security
Stores that sell groceries and medicine
Food, beverage, and licensed marijuana production and agriculture
Organizations that provide charitable and social services
Religious entities
Media
First Amendment protected speech
Gas stations and businesses needed for transportation
Financial and insurance institutions
Hardware and supply stores
Critical trades
Mail, post, shipping, logistics, delivery, and pick-up services
Educational institutions
Laundry services
Restaurants for consumption off-premises
Supplies to work from home
Supplies for essential businesses and operations
Transportation
Home-based care and services
Residential facilities and services
Professional services
Manufacture, distribution, and supply chain for critical products and industries
Critical labor union functions
Hotels and motels
Funeral services

Q: We are an “essential business.” What does this mean for us?
A: It means that your physical location is open until further notice, business as usual (as best as can be under the circumstances). Employees who have been diagnosed with coronavirus, who are exhibiting coronavirus-like symptoms, or who have been exposed to coronavirus should remain at home and telework if possible. The State has said that law enforcement should not be stopping people on their way to and from work to confirm the need to travel. Nevertheless, it might not be a bad idea to provide letters to employees documenting the essential nature of the business, just in case. Remember, above all else, despite the essential nature of your business, your employees’ health and safety remain the most important thing.

Register for Jon Hyman’s webinar on Thursday, March 26, “What HR Needs to Know about Coronavirus.”

Q: What social distancing measures must essential businesses follow as a condition to remaining open?
A: Businesses must take the following proactive measures to ensure compliance with social distancing requirements as a condition to remaining open for business:

Designate six-foot distances, with signage, tape, or other means, to ensure six-foot spacing for employees and customers.
Have hand sanitizer and other sanitizing products available for employees and customers.
Implement separate operating hours for elderly and vulnerable customers.
Post online whether a business is open and how best to reach it, and be available to continue services by phone or remotely.

Q: What other actions must all businesses follow regarding the health and welfare of their employees?
A: The Stay at Home Order requires that businesses follow these protocols in managing their employees through this crisis:

Encourage telework and video conferencing when possible.
Actively encourage sick employees to stay home until they are fever-free for 72 hours, symptoms have improved for 72 hours, and at least seven days have passed since the first symptoms began.
Do not require doctors’ notes to validate illnesses or returns to work.
Ensure that sick leave policies are up to date, flexible, and non-punitive to allow sick employees to stay home or non-sick employees to stay home to care for others who are sick.
Separate employees who appear to have acute respiratory illness and send them home immediately.
Reinforce key health and hygiene messages such as staying home when sick, washing ones hands, and proper cough and sneeze etiquette, including hanging posters and providing protection supplies and no-touch receptacles.
Perform frequent enhanced environmental cleanings.
Be prepared to change business practices if needed to maintain critical operations.

Q: Are there any instances in which a “non-essential business” can operate?
A: Non-essential businesses can maintain “minimum basic operations.” As long as employees comply with the above social distancing requirements, non-essential businesses can still engage in the minimum necessary activities to maintain the value of the business’s inventory, preserve the condition of the business’s physical plant and equipment, ensure security, process payroll and employee benefits, facilitate employees to be able to continue to work remotely from their residences, or for related functions.

Q: We are a “non-essential business.” How do we handle our employees in response to this Stay at Home Order?
A: There are myriad questions for non-essential businesses to answer to try to remain open and as operational as possible.

1. Communication is key. Your employees are worried and scared. Talking to them in person, remotely, or by email is crucial so that they understand what is happening to their jobs.
2. The Stay at Home Order closes physical places of business that are non-essential, but it does not prohibit the employees of those businesses to work remotely from home.
3. Wage and hour laws still apply. If employees of non-essential employers are working during the shut-down (i.e., remotely) they must be paid. For hourly workers, this means their regular hourly rate for all hours worked, and time-and-a-half for any overtime after 40 hours worked during the week. For salaried exempt employees, this means their full weekly salary for any week in which they work for even one minute. If employees are not working, then they do not have to be paid, and they would be free to apply for unemployment benefits. It is, however, within a company’s discretion and means to continue paying non-working employees during this shutdown of non-essential businesses.
4. If you have to cut headcount, you should be furloughing people or laying them off. A furlough is a temporary, short-term layoff with an expectation of recall in the near future. Employees remain on payroll, just with no assigned hours. A layoff is usually of longer duration or permanent and results in the employee’s removal from payroll. This is largely a business decision, not a legal decision. Depending on the terms of an employer’s group health plan, a furlough may permit employees to remain covered. In that case, employers will have to determine how to cover an employee’s share of premiums. A layoff is typically a triggering event for COBRA coverage. If either triggers COBRA, those premiums are typically an employee’s responsibility to pay in full, although employers that are able to do so can choose to pay COBRA premiums for as many months as possible.
5. Employees who are not working during this shutdown can apply for unemployment from the state. Employers should encouraging non-working employees to apply for these benefits as soon as possible. This should not hurt the employer’s experience or unemployment rating.
6. Do not forget about paid sick leave and family leave under the Families First Coronavirus Response Act, which takes effect on April 2, 2020. Employees who have been laid off prior to April 2 will not qualify for this emergency paid leave. It is an open issue whether employees who have been furloughed or ordered by the government to stay at home will qualify. The Act provides up to 80 hours of paid sick leave at 100 percent of an employee’s regular rate of pay to employees “subject to a … State … quarantine or isolation order related to COVID-19.” One could interpret the Stay at Home Order as imposing a “State quarantine or isolation order” because it prohibits employees of a non-essential business from working at the business’s physical location. One could also interpret the Order as not imposing a “State quarantine or isolation order” because it has not required employees of non-essential employers to stay at home, but merely closed the physical locations at which they work. I believe the latter interpretation is more reasonable until the state, local, or federal government imposes a broader stay-at-home or quarantine order. Regardless, the Families First Coronavirus Response Act is a floor, not a ceiling, and employers are always able to offer more paid leave benefits than the law requires if they are able and willing to do so.

Q: We have a labor union. Are there any other issues we need to be thinking about?
A: Yes. If a collective bargaining agreement covers any of your employees, you have additional things to think about, including layoffs, recall, bumping, seniority, and super-seniority. Collective bargaining agreements can also have their own provisions for sick leave, PTO, vacation, and severance. If you are thinking of changing these benefits, you may need to first bargain with the union.

COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our platform for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will gladly provide a personal, online walkthrough of our platform to help you get started.

March 22, 2020June 29, 2023

Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for businesses

COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our GPS clock in tool for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will provide a personal, online walkthrough of our platform to help you get started. It can be fully deployed in 1-2 days.

The Department of Treasury, the Department of Labor, and the IRS announced impending regulations that will help covered businesses navigate the paid family and sick leave provisions of the Families First Coronavirus Response Act, including available tax credits, the small employer exemption, and a 30-day non-enforcement grace period.

Refresher: What Leave Does the Act Provide?

The Act provides that eligible employees of covered employees can receive:

1. Up to 80 hours of paid sick leave at 100 percent of the employee’s regular rate pay where the employee is unable to work because the employee is quarantined, and/or experiencing COVID-19 symptoms, and seeking a medical diagnosis, capped per employee at $511 per day and $5,110 in total;

2. Up to 80 hours of paid sick leave at two-thirds of the employee’s regular rate of pay where the employee is unable to work because of a need to care for an individual subject to quarantine, to care for a child whose school is closed or child care provider is unavailable for reasons related to COVID-19, and/or the employee is experiencing substantially similar conditions as specified by the U.S. Department of Health and Human Services, capped per employee at $200 per day and $2,000 in total; and

3. Up to an additional ten weeks of expanded paid family and medical leave at two-thirds of the employee’s regular rate of pay when the employee is unable to work because of a need to care for a child whose school is closed, or child care provider is unavailable for reasons related to COVID-19, capped per employee at $200 per day and $2,000 in total.

Paid Leave Tax Credits

The Act makes available the following tax credits to help employers pay for this paid sick and family leave:

1. For an employee who is unable to work because of Coronavirus quarantine or self-quarantine, or has Coronavirus symptoms and is seeking a medical diagnosis, eligible employers may receive a tax credit up to $511 per day and $5,110 in the aggregate, for a total of 10 days.

2. For an employee who is caring for someone with Coronavirus, or is caring for a child because the child’s school or child care facility is closed, or the child care provider is unavailable due to the Coronavirus, eligible employers may claim a tax credit for two-thirds of the employee’s regular rate of pay, up to $200 per day and $2,000 in the aggregate, for up to 10 days.

3. In addition to the sick leave credit, for an employee who is unable to work because of a need to care for a child whose school or child care facility is closed or whose child care provider is unavailable due to the Coronavirus, eligible employers may receive a refundable child care leave credit. This credit is equal to two-thirds of the employee’s regular rate of pay, capped at $200 per day or $10,000 in the aggregate, for up to 10 weeks.

4. Eligible employers are entitled to an additional tax credit determined based on costs to maintain health insurance coverage for eligible employees during the leave period.

Eligible employers who pay qualifying sick or child care leave will be able to retain an amount of the federal income taxes, the employee share of Social Security and Medicare taxes, and the employer share of Social Security and Medicare taxes equal to the amount of qualifying sick and child care leave that they paid, instead of depositing them with the IRS.

If there are not sufficient payroll taxes to cover the cost of qualified sick and child care leave paid, employers will be able file a request with the IRS for an accelerated payment. The IRS expects to process these requests in two weeks or less, with further guidance on this issue coming in the next two weeks.

Examples

1. An eligible employer pays $5,000 in sick leave and is otherwise required to deposit $8,000 in payroll taxes, including employee withholdings. The employer is entitled to use up to $5,000 of the $8,000 of taxes it was going to deposit for making qualified leave payments. The employer would only be required to deposit the remaining $3,000 with the IRS on its next regular deposit date.

2. An eligible employer pays $10,000 in sick leave and is required to deposit $8,000 in payroll taxes. The employer could use the entire $8,000 of taxes to make qualified leave payments and file a request for an accelerated credit for the remaining $2,000.

Small Business Exemption

Businesses with less than 50 employees will be eligible for an exemption from the leave requirements relating to school closings or child care unavailability, provided that the employer can show that compliance would jeopardize the ability of the business to continue. The DOL will be providing emergency guidance establishing simple and clear criteria defining the circumstances that will meet the criteria of jeopardy to the viability of an employer’s business as a going concern.

Non-Enforcement Period

The DOL will be issuing a temporary non-enforcement policy. Under the policy, the DOL will not enforce the Act until May 2, 2020 (30 days after its effective date), against employers that have acted reasonably and in good faith to comply.

I continue to monitor these issues in real-time and will be posting updates here as warranted. If you have any questions, feel free to contact me directly.

March 20, 2020October 18, 2024

Fingerprint scanners risky amid coronavirus pandemic — it’s a touchy subject

As COVID-19 cases rapidly increase all around the world, businesses, public servants, government officials and health care workers continue to take the necessary precautions to try to stop the spread.

Not only are large events such as conferences, sporting events, religious services and music festivals being canceled to help combat the pandemic, but businesses are also beginning to look at their own technology as potential health risks to their employees as well.

Biometric time clocks have become increasingly popular among many organizations in recent years as they heighten security and add convenience but are now being looked at as an epicenter for germs in the workplace that could include the coronavirus. This is one of the many examples of how the pandemic is affecting life at work.

Also read: Solving the concern over clean time clocks with a mobile solution

According to the Centers for Disease Control and Prevention, it is possible for a person to get COVID-19 — commonly known as the coronavirus — by touching a surface that has the virus on it and then touching their own face. Most vulnerable workers have to clock in and out, including in hospitals and health facilities. Considering the large number of people who must place their fingers or entire hands on these time clocks day in and day out, it didn’t take long for employees to raise concern.

The New York Post reported that employees in New York City have protested the fingerprint biometric time clocks causing organizations such as the New York Police Department and the Metropolitan Transit Authority to reconsider their time and attendance systems. Since then, the NYPD decided to suspend fingerprint biometrics at its headquarters. The MTA also said that it will stop using fingerprint-scanning time clocks in an attempt to slow down the spread of the virus.

There are more than 150 countries and territories that have confirmed coronavirus cases, according to an NBC news report. The CDC has also reported that in the US alone, there are 7,038 total cases, including 97 deaths — and the numbers are still climbing globally. It is crucial to keep workplaces as clean as possible for those who are spending more waking hours at work than at home.

The workplace has many hiding spots for germs, such as keyboards, elevator buttons door handles and time clocks. Since the novel coronavirus is most commonly transmitted between people, touching infected surfaces can pass the virus, too. Keeping these smaller objects in mind, it is important to continuously clean every one of these surfaces throughout the day and eliminate as many risks as possible.

Also read: Workforce time clocks keep punching away. Thanks, Coldplay

The Occupational Safety and Health Administration and the CDC have recommended to wipe down workstations periodically, encourage employees to wash their hands more often, sanitize when soap is not available and save the handshakes for another time.

COVID-19 has no doubt taken a toll on businesses as a result of employee illness and temporary closures. Many workplaces are switching to mobile time and attendance technology not only in an attempt to make this process more convenient but to also create a more sanitary workplace by reducing possible exposure to their employees.

For Workforce.com users, there are features on our platform available to keep communication lines open during this difficult time. Engage with your staff, schedule according to operational changes, manage leave, clock in and out remotely, and communicate changes through custom events, among other things. Organizations impacted by COVID-19 can also benefit from Workforce.com’s employee app.

March 19, 2020June 29, 2023

How to strengthen workforce communications during the COVID-19 crisis

Communication is at the heart of every sound workforce management practice.

From establishing clear expectations, setting a bigger purpose, building company culture down to fostering accountability, communication will always be at the core . Clearly messaged, trusted communication can either make or break operations and enhance employee engagement.

A study by The Economist Intelligence Unit shows how poor workplace communication is detrimental to an organization. Survey respondents say that communication barriers result in delay or failure to complete projects (44 percent), low morale (31 percent), missed performance goals (25 percent), and lost sales (18 percent). And it can be worse when a crisis such as the coronavirus pandemic hits.

Clear communication is crucial to stability

Effective communication becomes even more critical during times of crisis and uncertainty.

Workforces globally are facing a massive challenge to their business operations with the COVID-19 pandemic. It has prompted businesses to take drastic measures to ensure the safety of staff and customers alike. Depending on the nature of the business, some have ceased operations or function under a skeleton workforce and limited hours, while other organizations have implemented work from home arrangements.

Effective communication can still bind your team together.

Given the shifting workplace situation, effective workforce communications are more critical than ever. A crisis, whether a natural disaster, a corporate meltdown or the outbreak of a disease affects employee morale. Effective communication can still bind your team together even during times of uncertainty. Leaders need to do their part to address issues promptly and clearly.

It’s also important to note that social media and online platforms can turn employees into de facto spokespeople for your organization. Whatever they share on their platforms about working for your company will reflect how you communicate with them. Those communications — or lack of a clear, consistent message — can result in a better brand image or sprout into a new crisis.

So how can leaders effectively address their staff during a challenging time?

Act fast

When a crisis strikes, it’s essential to address employees as soon as possible.

Leaders might not have answers to some of their questions right away. In the case of rapidly developing situations, like the COVID-19 pandemic, this is understandable. But it’s crucial to let employees know that you are looking into the issue and finding solutions to their concerns. What matters is to give them the assurance that the organization is aware of the situation and that the welfare of staff is a priority.

Solidify the message

Consistent messaging is key. While different roles have different concerns, it’s essential to keep the overall message continuous and consistent.

Address all of their concerns and frequently asked questions. In the case of the COVID-19 pandemic, some of the questions will revolve around remote work, schedule changes, payment arrangements, leave management and other operational issues.

Diversify message delivery

How you relay the message is equally important as how it is crafted.

Empathy is important during a crisis, but what if face-to-face communication is no longer possible?

Video conferencing or a recorded video message are viable options, but how do you let staff know about it? Email is a common communication channel for organizations, but it’s best to diversify delivery channels when the situation is urgent. In a 2019 survey by text-messaging platform SlickText of over 1,000 employees across the United States, 43 percent of respondents say that timely notifications and emergency alerts are best sent through SMS and not email. Chat platforms also are useful in this case as they can quickly disseminate information and concisely. Employees are likely to open chat platforms frequently, too.

Keep the feedback loop open

Effective communication to staff goes beyond issuing announcements or bulletins. It’s about keeping communication lines open and soliciting feedback.

During a crisis, it’s imperative to open channels for discussions and to raise questions. Chat applications are suitable not just for discussing in groups but in one-on-one correspondence as well. It’s more immediate than email too and helps pass information more quickly.

See how it works: Workforce.com’s employee app includes chat features.

A platform to stay connected

A good communication process is vital for any organization. It’s important to equip a workforce with different ways to stay connected.

Thanks to technology, employers and staff can still stay connected. But a more effective approach is to keep all necessary communication in one place. A workforce management system provides crucial features to stay on top of operations and team communications.

For Workforce.com users there are features on our platform available to keep communication lines open during this difficult time. Chat with your staff, schedule according to operational changes, manage leave, clock in and out remotely, and communicate changes through custom events, among other things.

COVID-19 is rapidly changing how businesses operate. We recognize that organizations need an extra helping hand right now. So we’re offering our platform for free to new sign-ups over the coming months. Sign up today and our Workforce Success team will gladly provide a personal, online walkthrough of our platform to help you get started.