Pandemic-Related Furlough and Termination Considerations and Updates on DOL Guidance - Shared screen with speaker view
Who can see your viewing activity?
Is that information available on the DOL site?
What if you are an essential business in the food industry and in a Shelter in Place order?
Hi, Lynn. We will make the slides available after the presentation. Thanks for joining!
The following is a link to the brand new guidance that Dan mentioned a moment ago: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions
Hi, Nicki - Great question! If an employee is unable to work or telework due to a shelter-in-place order, that should qualify for EPSLA benefits. However, the DOL clarified this morning that if the employee's site is closed due to the order, the employee would not be eligible for the EPSLA benefits.
What if the shelter in place order states essential businesses must stay operating?
The new guidance may present difficult issues for employers that have already told their employees that they will likely get EPSLA benefits while the employer is closed during the shelter-in-place order. Dealing with this new complication will likely require fact-specific guidance and is likely not susceptible to a one-size-fits-all approach. We can assist with working through this difficult issue.
Hi, Cynthia - If an employer is an essential business that stays open while a shelter-in-place order is in place, but an individual employee is unable to work or telework due to that governmental isolation order, that employee should be eligible for the paid leave benefits.
Hi, Jessica - The DOL announced late on Tuesday that the FLSA joint employer test (which took effect in January 2020) will apply to determine whether a joint employer relationship exists under EPSLA.
Hi, Alison - Here is what the DOL advised late on Tuesday regarding the exemption for employers with fewer than 50 employees: "To elect this small business exemption, you should document why your business with fewer than 50 employees meets the criteria set forth by the Department, which will be addressed in more detail in forthcoming regulations."
I understand is not eligible for EPSLA is employee chooses to stay home. They must have documented reasons for absence?
Jenna - I think that is a fair summary of the Q&A. In some ways it is internally inconsistent and thus raises as many questions as it answers.
Breaking News: The House has passed the CARES ACT!!!!!!
Am I allowed to convert a full time salaried employee to an hourly rate since the expected work hours will be significantly less than full time?
Lori: The exception for employers with fewer than 50 employees exists for companies whose compliance with the paid leave laws would jeopardize their viability as a going business concern.
Great point, Marty! Thank you!
We have no idea what Marty's point was because Marty didn't change the "To:" to include "and attendees"
"A reduction in salary may also impact your employees who are in H-1B status. A reduction may impact the employer’s prevailing wage and LCA obligations. The employer may also need to file an amendment with the USCIS. Marty Hereford, Armstrong Teasdale"
Can you clarify Item 6.
What are similar conditions?
Thanks Lauren! Sorry for the confusion. Marty
A plan may offer all tele-health services without a deductible under a HDHP/HSA. The relief is not limited to COVID-19 related expenses. I am checking on the effective date.
clarify item 6 please. where to find similar conditions?
From Me to All Panelists: 10:23 AMNevada closed essential businesses and shut down the state. can criteria 1 qualify for EPSLA? where on DOL can we find?
what is the link to the DOL guidance?
There's been a lot of disagreement about whether or not Item #1 includes those who shelter in place. On one hand, if the person works at an essential business, then they are open, and presumably have work available. Therefore, the shelter in place does not apply to you as far as going to work. Correct? So then the reason for you not being at work would have to be determined. It's not because of a local or state quarantine order at that point, it would be because of the other reasons. With that said, if what I said was true, who does #1 pertain to? They cover the medical reasons on #2 and after,