APPLIES TO Employers and Hiring Entities of Six or More Philadelphia Employees

EFFECTIVE As Indicated

QUESTIONS? Contact HR On-Call (888) 378-2456

Mayor Jim Kenney recently signed two bills that amend the citywide paid sick and safe time ordinance, also known as the Promoting Health Families and Workplaces Ordinance (PHFWO).  The amendments (1) require employers and hiring entities to provide public health emergency leave (PHEL) for specific employees who do not receive benefits under the federal FFCRA, and (2) permanently amends the PHFWO to require compensation and medical care for specific healthcare workers who contract disease during declared pandemic.

APPLIES TO All Employers subject to FFCRA

EFFECTIVE September 16, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

Last month, a federal district court in New York invalidated portions of the U.S. Department of Labor’s (DOL) rules for the Families First Coronavirus Response Act (FFCRA). On September 11, 2020, the DOL issued an updated temporary rule, that is set to be published on September 16^th, to address issues raised by the federal district court.

• Section 826.20. Paid Leave Entitlements. This section clarifies that employees may not take emergency paid sick leave for any stated qualifying reason where the employer does not have work available for them.

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APPLIES TO All Employers

EFFECTIVE September 1, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

On August 8, 2020, the President issued an Executive Order that permitted the delay of withholding and reporting the employee share of social security payroll taxes. On August 31, 2020, the IRS issued corresponding guidance.

Specifically, employers may delay withholding social security payroll taxes for pay dates occurring between September 1, 2020 and December 31, 2020. Tax deferral is only for employees whose wages or compensation paid for a bi-weekly pay period is less than $4,000 (excluding certain pre-tax wages, like those subject to a Section 125 plan), or the equivalent amount with respect to other pay periods. Employees may qualify for the deferral on a pay period-by-pay period basis. The amounts that are not withheld during this period must be paid to the employee. The maximum amount an employee may receive as a result of the tax deferral is $248 for a bi-weekly payroll, or 6.2% of qualifying wages.

APPLIES TO All Employers subject to FFCRA

EFFECTIVE August 27, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

The U.S. Department of Labor (DOL) recently updated its FAQ on the Families First Coronavirus Response Act (FFCRA) by adding questions 98-100. Specifically, the DOL addresses employees taking FFCRA leave to care for children whose school is unavailable or closed for reasons related to COVID-19. As children are returning to school in various forms – remotely, partially in-person, or completely in-person, the DOL has sought to clarify when employees may take advantage of FFCRA leave.

 

First, where schools are closed for in-person instruction and are only offering remote learning, qualifying employees may be eligible to take FFCRA leave. However, where in-person instruction is offered and an employee elects to have their child receive remote instruction, the employee is not eligible for FFCRA leave.

Second, where schools are offering hybrid instruction models with some days of required remote instruction and some days of required in-person instruction, the days that are required to be remote would qualify eligible employees for FFCRA leave. However, employees may not take FFCRA leave on the days where in-person instruction is required. Similarly, where an employee elects to have hybrid instruction rather than in-person instruction, the employee is not eligible for FFCRA leave.

Employers should take care to review education requirements in their areas of operation. Failure to permit FFCRA leave where applicable is deemed a wage and hour violation.

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APPLIES TO All Employers with GA Employees

EFFECTIVE August 11, 2020

QUESTIONS? Contact HR On-Call (888) 378-2456

A new piece of legislation, Georgia House Bill 1090, requires employers to provide paid lactation breaks and a private space to express breast milk, effective immediately.  Previously, employers had the option to provide unpaid break time for nursing employees to express breast milk, and were not required to provide any particular location for the employee’s use during lactation breaks.

With the new regulations, employers are now required to provide reasonable break time for employees to pump at the worksite during work hours. Lactation breaks must be paid at the employee’s regular rate of pay. Employers are further prohibited from requiring use of paid leave or reduction of salary to offset time taken off to express breast milk.

Additionally, employers are required to provide a private location other than a restroom for employees to express breast milk.

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