Pandemic-Related Furlough and Termination Considerations and Updates on DOL Guidance - Shared screen with speaker view
Cynthia Fitz
Is that information available on the DOL site?
Cynthia Fitz
What if you are an essential business in the food industry and in a Shelter in Place order?
Travis Kearbey
Hi, Lynn. We will make the slides available after the presentation. Thanks for joining!
Travis Kearbey
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
Travis Kearbey
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.
Cynthia Fitz
What if the shelter in place order states essential businesses must stay operating?
Travis Kearbey
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.
Travis Kearbey
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.
Travis Kearbey
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.
Travis Kearbey
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."
Cynthia Fitz
I understand is not eligible for EPSLA is employee chooses to stay home. They must have documented reasons for absence?
Travis Kearbey
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.
Travis Kearbey
Breaking News: The House has passed the CARES ACT!!!!!!
Jeff Reed
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?
Travis Kearbey
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.
Travis Kearbey
Great point, Marty! Thank you!
Kerri Johnson
We have no idea what Marty's point was because Marty didn't change the "To:" to include "and attendees"
Lauren Schuster
"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"
Cynthia Fitz
Can you clarify Item 6.
Cynthia Fitz
What are similar conditions?
Marty Hereford
Thanks Lauren! Sorry for the confusion. Marty
Sarah Sise
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.
Jennifer Courrier
clarify item 6 please. where to find similar conditions?
Jennifer Courrier
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?
Joan Riordan
what is the link to the DOL guidance?
Kerri Johnson
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,