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What Does the Families First Coronavirus Response Act Mean for Employers?

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All Employers with fewer than 500 Employees

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April 2, 2020

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Beginning April 2, 2020, the Families First Coronavirus Response Act (FFCRA) will require employers to provide protected paid leave and paid sick leave to employees through December 31, 2020.

First, the FFCRA’s Emergency Family and Medical Leave Expansion Act extends employee leave protections under the federal Family and Medical Leave Act (FMLA) as follows:

  • Applicability: Private employers with fewer than 500 employees.
  • Eligibility: Employees employed for 30 calendar days or more may request FMLA benefits for leave where the employee is unable to work (or telework) due to a need for leave to care for the son or daughter under 18 years of age of such employee if the school or place of care has been closed, or the child care provider of such son or daughter is unavailable, due to a public health emergency.
  • Paid Leave: The first 10 days of leave are unpaid after which the employer pays the following:
    • at least 2/3 of an employee’s regular pay rate;
    • for the number of hours an employee is otherwise normally scheduled to work (for those with varying schedules, employers should use an average number of scheduled work hours over the six-month period just prior to the date of leave); and
    • up to a maximum of $200 per day and $10,000 in aggregate.

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March Updates

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This Short List addresses the following topics:
  1. Second Circuit: ERISA Plans Can Be Modified Absent Fraud or Mistake
  2. 10th Circuit: Colorado Home Healthcare Workers are Not Entitled to Overtime
  3. California: Wage and Hour Concerns for Coronavirus
  4. California:  Emergency Wildfire Smoke Regulations Renewed Again
  5. Denver, CO: Anti-Discrimination Protections Expanded
  6. District of Columbia: Notice Requirements for Paid Family Leave
  7. Illinois: Guidance Issued on Sexual Harassment Requirements
  8. Minneapolis, MN: Local Minimum Wage Law is Given a Green Light
  9. St. Louis, MO: Ban-the-Box in Effect for Private Employers
  10. New Mexico: Workers’ Comp Claim Doesn’t Apply to Tribal Casino
  11. New York: Statewide Salary History Ban FAQs
  12. New York City, NY: Contractors/Freelancers Must Receive Anti-Harassment and Discrimination Protection & Training
  13. Philadelphia, PA: Salary History Inquiry Ban is Back in Effect
  14. Columbia, SC: Criminal and Salary History Ordinance No Longer Applies to Private Employers

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California: AB 5 Cements the Dynamex Independent Contractor Test

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All Employers with CA Employees

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January 1, 2020

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In 2018, in Dynamex Operations West, Inc. v. Superior Court (Lee), the California Supreme Court set forth an ABC test for determining when an individual is an independent contractor rather than an employee for wage and hour-related claims. Specifically, the Court stated that a workers is presumed to be an employee unless the business proves: (A) the worker is free from control and direction of the hirer in connection with the performance of the work, based in contract and in fact; (B) the worker performs work that is outside the usual course of the hiring entity’s business; and (C) the worker is customarily engaged in an independently established trade, occupation, or business of the same nature as the work performed for the hiring entity. The previous Borello standard was left in place for determining independent contractor status for non-wage and hour claims.

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Oregon: Paid Family Leave Coming in 2023

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All Employers with OR Employees

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September 29, 2019

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HB 2005 will implement a paid family leave (PFL) program in Oregon, with employees able to use the benefits beginning on January 1, 2023. The bill applies to all employers with at least one employee in Oregon. Employees will receive supplemental wage replacement benefits paid by the state for leave taken from work to care for a family member with a serious health condition, for their own serious health condition, to care for and bond with a child during the first year of birth or following foster placement or adoption, or for safe leave related to domestic violence, harassment, sexual assault, or stalking.

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September Updates

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This Short List addresses the following topics:
  1. REMINDER! EEO-1 Component 2 Reporting is Due September 30th
  2. DOL Says DOT Drivers Sleeping in Berths While Off-Duty is Unpaid Time
  3. 2nd Circuit: Collectively Bargained Arbitration is Governed by the Scope of the Agreement
  4. 9th Circuit: The Dynamex Independent Contractor Test Does Not Apply Retroactively – For Now
  5. New Noncompete Restrictions in Maine, New Hampshire, and Rhode Island
  6. Arizona: Mini-COBRA and Bona Fide Associations Updates
  7. California: Hairstyles Soon to Be Protected From Discrimination
  8. Emeryville, CA: Small Independent Restaurant Minimum Wage Hold Repealed
  9. Florida: Unemployment Compensation Protections for Domestic Violence Victims
  10. Indiana: Direct Sellers are Exempt from Minimum Wage Rules
  11. Iowa: Enacts Negligent Hiring Protections for Employers
  12. Louisiana: Electronic Notice to Employees Permitted for Group Health Insurance Plans
  13. Kansas City, MO: Enacts Salary History Inquiry Ban
  14. New Hampshire: Child Labor Hours Restricted
  15. New York: Paid Family Leave Benefit Schedule Update
  16. New York: Whistleblower’s Immigration Status is Protected
  17. Ohio: Motor Carrier Drivers Excluded from Definition of “Employee”
  18. Pittsburgh, PA: Paid Sick Leave is Revived by State Supreme Court
  19. Vermont: Expunged Records Make Criminal Convictions Vanish
  20. Virginia: Updates to Minimum Wage Exemptions and Nondisclosure Agreements
  21. West Virginia: Effect of Expunged Criminal Convictions

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California: Paid Family Leave Extended in 2020

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All Employers with CA Employees

EFFECTIVE

June 27, 2019, July 1, 2020, and January 1, 2021

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SB 83 was recently enacted to extend Paid Family Leave (PFL) benefits from a maximum of six to eight weeks beginning on July 1, 2020. PFL benefits are used by employees to care for an ill family member or bond with a child. Beginning January 1, 2021, the bill adds benefit coverage for employees participating in a qualifying exigency related to the covered active duty of a qualified family member in the U.S. Armed Forces.

The bill also requires the governor to propose other PFL benefit increases by November 2019. This would include extending coverage up to three months for each parent to take consecutively for baby bonding, increasing the benefit rate up to 90% for low-wage workers, and implementing job protections. Employers should continue to look for ongoing updates on these changes.

Action Items

  1. Review SB 83 here.
  2. Prepare to update employee handbooks and policies where applicable.
  3. Update PFL pamphlets when released by the state.
  4. Subscribers can call our HR On-Call Hotline at (888) 378-2456 for further assistance.

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser.

© 2019 ManagEase

February Updates

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Varies

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This Short List addresses the following topics:
  1. REMINDER: Post Form 300A in the Workplace
  2. Upcoming Changes to H1-B Applications
  3. Recent OSHA Updates
  4. Department of Labor Penalty Increases
  5. California: Human Trafficking Required Posting Available; DE 2588 Form Updated
  6. California: Labor Commissioner Publishes Blacklisted Port Trucking Companies
  7. Daly City, CA: Minimum Wage Increases on February 13rd
  8. Fremont, CA: Minimum Wage Increases to $13.50 per Hour and Beyond
  9. Michigan: New Employee Protections for State Contractors and Workers
  10. Missouri: Delegation Clauses in Arbitration Agreements Must Be Enforced
  11. New Mexico: State Fair Pay for Women Act Applies to Public and Private Employers
  12. New York: Paid Family Leave Benefit Increases
  13. Ohio: Franchisors are Not Joint Employers
  14. Pennsylvania: Employers Must Protect Electronic Employee Information
  15. Philadelphia, PA: Minimum Wage Increases for City Workers and Contractors

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California: New Employment Laws Coming in 2019

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All Employers with CA Employees

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January 1, 2019, unless noted otherwise

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Governor Brown recently signed numerous employment-related bills, impacting various industries and employment practices; among these are a package of bills following the #MeToo movement.  The below list summarizes some key bills.

April Updates

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This Short List addresses the following topics:
  1. IRS Reduces Family HSA Contribution Limit for 2018
  2. Federal Spending Bill Prevents Employers from Skimming Employee Tips
  3. California: New Workplace Safety Rules for Hotel Housekeepers
  4. Colorado: Supreme Court Clarifies Statute of Limitations on Wage Claims
  5. New York: Guidance on New York Paid Family Leave Payroll Deductions

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New York: Paid Family Leave Regulations Released

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All Employers of NY Employees

EFFECTIVE

January 1, 2018

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On July 19, 2017, the New York Workers’ Compensation Board adopted the final regulations for the state Paid Family Leave (“PFL”) issued by the Department of Financial Services on May 16, 2017.  The regulations stem from Governor Cuomo including the Paid Family Leave Benefits law in the 2016-2017 State Budget on March 31, 2016. The following are key points employers need to be aware of.