On December 29, 2020, the Department of Labor (DOL) issued two guidance bulletins addressing compliance with the Family and Medical Leave Act (FMLA). The first made clear that telemedicine visits will permanently be allowed as an FMLA-approved visit if certain conditions are met. The second permits employers to provide FMLA-required postings electronically to employees when the work is being performed remotely.
On December 2nd, the Centers for Disease Control and Prevention (CDC) updated its guidance on the length of quarantine required for an individual who is asymptomatic but was in close contact with someone with COVID-19. The prior guidance required quarantine for 14 days (other than for critical infrastructure workers). The new guidance allows for quarantine to end 10 days after exposure or 7 days after exposure when combined with a negative test. The test can be taken within 48 hours of the end of the quarantine period, i.e. as early as day 5. The key factor is that the individual remains asymptomatic during the entire quarantine period.
This updated guidance is outlined in the chart below which addresses return to work scenarios under the current CDC guidance.
You’re probably used to having Plan A, Plan B, and a plethora of contingency plans to deal with the many challenges posed by the pandemic. Because the government has not decided whether to extend the “flexibility” given to employers with respect to the verification of I-9 documents, employers might need to be ready for the procedures to return to “normal.”
Continue Reading The Pandemic Is Far from Over, but I-9 “Flexibility” Might Be
COVID-19 has caused many challenges in the workplace. Employees are working from home, working hybrid schedules, and conducting meetings by Zoom and other “not in person” methods.
While things in today’s workplace range from fluid to uncertain to sometimes chaotic, employers are not relieved from complying with federal and state employment laws and requirements. There is no “COVID-19” exception to Title VII. Employers must still comply with federal and state employment rules that existed prior to COVID-19. With this in mind, employers need to make sure they are operating their businesses in a manner that allows them to defend the types of claims and allegations that often occur in the workplace.
On October 21st, the Centers for Disease Control and Prevention (CDC) updated its guidance on what constitutes “close contact” with a person who has tested positive for COVID-19 for purposes of isolation. “Close contact” had been within 6 feet for a 15 minute period. It has now been revised to be within 6 feet for a total of 15 minutes over a 24 hour period which greatly expands what may qualify. The CDC also provides some examples of factors that should be considered when evaluating the length and extent of the contact. This updated guidance is outlined in the chart below which addresses return to work scenarios under the current CDC guidance.
Continue Reading CDC Updates Guidance on Return to Work
The Louisiana Maritime Association issued an updated COVID-19 Daily Report Supplement this week on September 23, 2020. In this supplement, there are updated links to current state and local guidance and some additional CDC recommendations for maritime pilots. Follow this link to access this report online.
During the ongoing COVID-19 pandemic, detailed arrangements, procedures, and protocols have been designed and implemented to help assure the health and well-being of seafarers and passengers, while maintaining day-to-day operations of marine and offshore assets.
In a recent Maritime Executive article, authors Martin Petricic and Gareth Burton of ABS worked with Rear Admiral Joyce Johnson…
With kids going back to school, new questions regarding eligibility for paid leave under the Families First Coronavirus Response Act (FFCRA) are cropping up. Thankfully, the Department of Labor (DOL) recently supplemented its Frequently Asked Questions (FAQs) to answer some of the questions that have arisen thus far.
Continue Reading Return to School Raises FFCRA Leave Questions
Over the weekend, President Trump signed an executive order purporting to defer the payment of the employee’s share of the Social Security portion of FICA (payroll) tax from September 1, 2020, until December 31, 2020. The order is limited to only the employee’s share of the Social Security portion of the payroll tax, which is currently set at 6.2%. The order does not affect the Medicare portion of the payroll tax (1.45%), nor does the order affect the employer portion of the payroll tax, so these will still have to be withheld (where applicable) and deposited on a timely basis. The order also limits deferrals to employees with biweekly, pretax income of less than $4,000, or a similar amount where a different pay period applies. This roughly equates to an annual salary of $104,000. Importantly, the order is not a suspension of the payroll tax (a “payroll tax holiday”), but merely a deferral. The president directed the Treasury to seek ways to implement a full suspension at a later date, including by legislative action.
Continue Reading Trump Signs Payroll Tax Deferral Executive Order
Shortly after the onset of the COVID-19 pandemic in the US, many states, counties, and cities issued stay-at-home or shelter-in-place (collectively, SIP) orders to combat the spread of the virus. Please click here to review the early impacts of these sweeping orders.
In recent weeks, many authorities have issued executive orders to address rising COVID-19 cases as state and local businesses begin to reopen. This update focuses on these most recent orders and any impacts the orders could have on new and ongoing construction projects in Alabama, Florida, Georgia, Louisiana, Mississippi, and Texas.
As with all the effects of COVID-19, the issuance, interpretation, and enforcement of these orders are fast-breaking and in constant flux.