To limit this risk, keep these two main tips in mind. Section 3 is reserved for reverification, rehire, and changes in name. Employers with essential business operations have also been faced with an increasing reluctance to work by employees who have concerns over the possibility of contracting the virus at work. For these questions, you may need to consult a benefits attorney as well as a wage and hour attorney to review. UPDATED QUESTION & ANSWER (July 16, 2020)Employees who are not enrolled in major medical health coverage are asking us to provide telehealth care. For example, employers may require medical testing that is “job related and consistent with business necessity.” The EEOC does not object to temperature checks or COVID-19 virus testing during this pandemic, as long as the screening or testing methods are safe, accurate and consistently applied. IRS Permits Additional Flexibility For Cafeteria Plan Elections and Carryovers” for additional details. Establishing communication with state and local health authorities. The general point is that a similar flattening of the Phillips curve can be caused by very different types of changes, a change in the structure of the economy unrelated to policy or a change in the monetary policy rule. In essential service sectors such as healthcare, warehousing, and distribution, employees have seized the initiative by resorting to coordinated protests, walkouts, work stoppages, and other forms of protected concerted activity (or PCA) to draw attention to their concerns. Under the Rule of Parity, the employee may be treated as a new hire if the separation from employment was at least four weeks long and exceeds the number of weeks of employment immediately preceding the period in which no services were performed. Be upfront with your employees about this activity and ask for their input so you have the best possible information and ideas on the table as you develop your plan. The Treasury Department issued an update to “Frequently Asked Questions,” which provides in FAQ # 31 that businesses are required to “assess their economic need for a PPP loan” before submitting an application, including determining whether a borrower had “access to other sources of liquidity). We believe in sharing our solutions. Never mix household bleach with ammonia or any other cleanser. The health plan summary plan description(s) or the COBRA election materials should clearly state if failure to elect or pay for COBRA would create a gap in health coverage for qualified rehires. Employees who are suffering from symptoms should be directed to remain at home until they are they are released by a medical provider or, if that is not an option, symptom-free for at least three days without fever, achieved without medication, and no respiratory issues, and 10 days after symptoms first appeared. Generally, these are the required documents you need to provide to substantiate loan forgiveness, but lenders may have additional requirements. You are obligated to post numerous employment law related posters in locations throughout your facilities. 2011. Gloves and gowns should be compatible with the disinfectant products being used. You also need to be prepared to assist employees when they need to return large amounts of company information, such as by providing them with external storage devices or FTP sites to return the materials. What should the application process include? Such protection does not insulate service members from application of the "escalator principle." If you otherwise have work for the employee to perform at the worksite, just being “scared” to come back to work would generally not be a qualifying reason under EPSL. You should be careful when doing so, however. USERRA requires employers to “promptly” reemploy returning service members. According to the CDC guidance, you should consider three questions when deciding whether to reopen: You should only consider reopening if you can answer “yes” to each of the three questions. We see a lot of value in continuing our remote work plan (hiring flexibility, reduced rent, greater efficiency, morale, etc.). 2. Let’s study whether this adjustment to the conduct of monetary policy improves welfare in the two cases described above, namely the case where the flattening is due to less price stickiness (Case 1) and the one where it is due to a more aggressive response of monetary policy to economic activity (Case 2). A borrower may apply for forgiveness using the EZ Application if any of the following apply: UPDATED ANSWER (July 14, 2020)What if a portion of our loan is not forgiven? Educate your employees and engage with them. Also, if your business is by reservation only, you should train staff to advise individuals making reservations of the requirement. As long as you cure any previous reduction in staff by June 30, 2020 (to the levels that existed as of February 15, 2020), you will qualify for full loan forgiveness. Such a demand, however, does not mean you must agree to maintain those enhancements. Available services vary by location and case type. The employee instructions are optional. You can find OSHA’s Guidance on Preparing Workplaces for COVID-19 here and the CDC’s Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) here. The general point is that the flattening of the Phillips curve can be due to very different types of structural changes and the type of structural change is crucial for policy implications. The basic rules for extending coverage to furloughed personnel – those working reduced hours or no hours but still employed – are as follows: The bottom line is that, at some point, previous full-time employees working reduced hours will eventually lose active employee coverage. In this case, the second effect outweighs the first, and the standard deviations of inflation and the output gap decrease (table 1). UPDATED ANSWER (July 7, 2020)If a foreign national employee was in the process of applying for a visa stamp at the U.S. Consulate abroad, is there anything that can be done to bring that employee to the U.S. now? The authors would like to thank Jan Czochara and Stephanie Prewitt of Foundations HR for their invaluable assistance in preparing this section. Regardless of whether the parties mutually agree to re-open the contract, during successor collective bargaining, you will want to ensure you have considered improving your Management Rights language, evaluating the strength of the no-strike language, considering revisions to layoff and recall so as to afford management discretion in retaining the most qualified employees, and proposing a Force Majeure clause allowing you to cancel the CBA upon an act outside of its control. Plans must cover without cost-sharing, “facility fees” and “related items or services” associated with furnishing or determining the need to furnish a COVID-19 diagnostic test. Kristen Tauber The MLB, NBA, NFL and NHL all returned to play. Remember that accurate testing only reveals if the virus is currently present; a negative test does not mean the employee will not acquire the virus later. There likely will be a need to follow some of the CDC and OSHA Guidelines, depending on the determined level of risk at the workplace and guidance from local, state, and federal authorities. The CDC recommends wearing cloth face coverings in public settings where other social distancing measures are difficult to maintain, especially in areas of significant community-based transmission. “. No. Our state/locality has a paid sick leave requirement. Auer, Raphael, Claudio Borio, and Andrew Filardo. Does a furloughed employee have to abide by the duty of loyalty? However, you should expect the union to advance a bargaining demand for those improved benefits to remain in place for the remaining life of the CBA. As the correlation between inflation and the output deviation decreases, the statistical Phillips curve becomes flatter.8. Determine with the advice of counsel if early dismissal of the lawsuit is possible. Temporary visas have complex rules for maintenance of status. All these practices must be consistent with official health mandates applicable to the location and employers must of course stay abreast of continually evolving guidance. Although union membership is hovering at an all-time low, recent polling data suggests that a growing number of American workers have adopted a positive view toward organized labor. Simply download the manufacturer’s Safety Data Sheet (SDS) and share with employees as needed, and make sure the cleaners used are on your list of workplace chemicals used as part of the Hazard Communication Program (which almost all employers maintain). Finally, if there is no OSHA standard directly on point, the agency can resort to the catch-all general duty clause, which requires all employers to provide employees with a safe work environment. As indicated by the regression line in figure 1, the estimated regression coefficient b is 0.6, meaning that annualized inflation tends to rise by 0.6 percentage points above its average level in the previous year for each percentage point that output is higher than its steady state (the estimated constant c is very close to zero in all regressions in this article). If we bring someone back to work, is there specific onboarding paperwork recommended to maximize the chances of loan forgiveness? Consider other alternative options to protect employees; Identify and provide cloth face coverings for employees as appropriate; Train employees how to clean and maintain cloth face coverings, including replacing worn or damaged cloth face coverings; and. 2018–03. Can we reduce international employees’ salaries or hours? Their salary is intended to cover all hours worked, no matter how many or how few. This approach may be problematic if one wants to investigate whether the Phillips curve has changed over time, because the CBO’s estimates for the period up to 2004 are derived using a Phillips curve that is assumed to be stable over time (Shackleton 2018). UPDATED QUESTION & ANSWER (July 7, 2020)How do you determine whether a child would have attended a summer program but for COVID-19-related reasons? What problems are created by employees having been in limbo between being employed and unemployed? Plan documents generally can require employees to satisfy waiting periods unless there is an exception. Carlstrom, Charles T., Timothy S. Fuerst, and Matthias Paustian. Prior to the COVID-19 pandemic, employers were already facing problems with respect to employees working remotely and thereby having confidential information on their personal devices. Nonetheless, effective programs often contain a number of common elements, including: Many of these programs can be effectively devised and implemented with assistance and oversight from outside counsel, thereby enjoying attorney-client privilege status (at least in the formative stages). The SBA has not yet issued any guidance as to whether Common Area Maintenance (CAM), property fees, or other ancillary rental charges may be included in the “rent” calculation. An employee with whom you engage will be less likely to seek litigation against their employer. For indoor areas, the CDC recommends normal, routine cleaning for areas that have been unoccupied within the last seven days. Review. to see whether the decisions have a statistically significant adverse impact on a protected category. Applications for forgiveness must be submitted within 10 months after the end of the covered period. The Phillips curve described earlier, however, can be thought of as a simpler statistical model for predicting inflation from past inflation and economic activity. 2007. An employee could be positive for COVID-19 at any time between the time of a negative test and the end of the 14-day period. Employers are not covered entities, so if you have medical information in your employment records, it is not subject to HIPAA restrictions. Ensure that employees are provided and properly wearing all required PPE. Employees are only entitled to refuse to work if they believe they are in imminent danger. Although the CDC recommends screening employees for fevers of more than 100.4 degrees Fahrenheit, keep in mind some states may recommend different thresholds. In such circumstances, there may nonetheless be indicators that a particular camp or program would have been the child’s place of care this summer, for example, by being accepted to a waitlist pending the reopening of the camp or program or the reopening of its registration process. If the Break-In-Service rules apply to your plan, ensure the break is based on consecutive weeks. The same workplace law firm that helped navigate you through the initial stages of the COVID-19 crisis is here to assist your business as you get back to full strength. If inflation rises, raising the interest rate has a contractionary effect on economic activity, which in turn applies downward pressure on inflation and helps contain the initial rise in inflation. It is important to keep in mind that the DHS’s relaxed requirements apply only to employers who are operating remotely – if there are employees physically present at a work location, then you must follow the normal in-person physical inspection rules. If an employee is able to perform their essential job functions from home, you should allow it to the extent possible even after the lockdown orders have been lifted. Training or retraining and other accommodations if applicable (such as in the case of a long period of absence or a service-connected disability). UPDATED QUESTION & ANSWER (July 16, 2020)Once the pandemic is over, are we required to continue to provide COVID-19 diagnostic or treatment coverage? If rehired, the original employer must file a new petition if it has notified USCIS of the prior termination. Depending on the jurisdiction, you may need to prioritize bringing back formerly terminated employees. Given this ovservation, if post Covid inflation were to fall more sharply than in our conditional forecasts, we would conclude not only that the Covid shock is mostly affecting demand, but also that it is transmitting through a steeper Phillips curve.1 2 The Forecasting-and-Tracking Exercise Can employers delay reinstatement of service members released from active duty following service in COVID-19-affected areas for quarantine purposes? Jacob, Punnoose, and Thomas van Florenstein Mulder. Keep in mind, also, that these are medical exams that must be conducted in a confidential way and the results need to be maintained in a separate medical file. The SBA has clarified that “a service for the distribution of transportation refers to transportation utility fees assessed by state and local governments.” These are the only “transportation” costs eligible for forgiveness. You also need to be prepared to assist employees when they need to return large amounts of company information, such as by providing them with external storage devices or FTP sites to return the materials. Yes. Can I provide telehealth now that my employees are anxious about going to a doctor’s office or hospital? At the end of the extension period, DHS will determine if an additional extension will be granted. For example, if you received a loan for $500,000 and had 20 average monthly FTEs from January 1 to February 29, 2020, but only had 10 FTEs during the eight-week forgiveness period, your eligibility for forgiveness is reduced by half, or $250,000. When a reduction in hours results in a loss of coverage, remember that this counts as a COBRA qualifying event. OSHA recordkeeping requirements mandate covered employers record certain work-related injuries and illnesses on their OSHA 300 log. However, some plans offer health plan eligibility for part-time employees working 15+ hours a week. If you are performing inspections remotely, you must obtain, inspect, and retain copies of the Section 2 documents within three business day of hire. to its employees or posting it on the internal or external website. If we try to rehire an individual or bring an employee back to work from a furlough or temporary layoff who is receiving unemployment and the employee refuses to return to work, what should we do? Roundup: COVID-19 Testing, Stimulus Spending and the Phillips Curve, On the Economy, July 9, 2020. Please reference the Fisher Phillips Alert “Employers To The Rescue . “, Roberts, John M. 2006. “Estimating and Projecting Potential Output Using CBO’s Forecasting Growth Model.” CBO Working Paper No. The New Keynesian Phillips curve, which results from the price-setting behavior of firms, relates the current quarter’s inflation rate, πt, to the inflation rate expected in the next quarter, Et πt+1, and the current output gap, ỹt: According to the equation, a larger output gap is associated with higher inflation because it reflects a level of aggregate demand higher than the natural level of output. For instance, most restrictive covenants start with language along the lines of “during employment and for a period of [X] months thereafter…” Is a furloughed employee in a position where the restrictive covenant starts to run? For example, while some local jurisdictions are enacting their own paid sick leave requirements specific to COVID-19, some of these laws apply only to employees not covered by the FFCRA. WORKPLACE HEALTH AND SAFETYTravis Vance, co-chair, Workplace Safety and Catastrophe Management Practice GroupTodd Logsdon, co-chair, Workplace Safety and Catastrophe Management Practice GroupHoward MavityNick HulseJ.Micah Dickie, LEGISLATIVE AFFAIRSBen EbbinkSamantha Saltzman, WARN ACT COMPLIANCEHagood TigheDavid Kresser, ADA/FMLA COMPLIANCEHagood TigheMyra CreightonAlvaro Hasani, LABOR RELATIONSSteve Bernstein, co-chair, Labor Relations Practice GroupTodd Lyon, co-chair, Labor Relations Practice GroupLetitia Silas, WAGE AND HOUR LAWHagood Tighe, co-chair, Wage and Hour Law Practice GroupMarty HellerCaroline Brown, 50-STATE COMPLIANCE ISSUESJennifer SandbergMichelle Anderson, HUMAN RESOURCES CONSIDERATIONSJennifer SandbergMichelle AndersonRandy CoffeyAndria Lure RyanCheryl BehymerCheryl Pinarchick, WORKPLACE PRIVACYRisa Boerner (CIPP/US)Danielle Urban (CIPP/E), USERRA AND MILITARY LEAVE ISSUESSteve BernsteinClaire Meharg, UNEMPLOYMENT INSURANCE ISSUESBob RobenaltSamantha SaltzmanMeghan DelaneyMargaret Scheele, SBA LOAN ASSISTANCERick GrimaldiMichael Elkon, PEO/JOINT EMPLOYMENT ISSUESJohn PolsonSheldon Blumling, CALIFORNIA COMPLIANCELonnie GiamelaSpencer WaldronAymara LedezmaHannah Sweiss, INTERNATIONAL LAWWilliam Wright, chair, International Employment Practice GroupNan Sato, IMMIGRATION LAWShanon Stevenson, co-chair, Global Immigration Practice GroupDavis Bae, co-chair, Global Immigration Practice GroupRalph Hua, EMPLOYEE BENEFITSSheldon BlumlingTiffani GreeneMelissa Shimizu, ESSENTIAL BUSINESS DESIGNATION SUPPORTMichael Elkon, TRADE SECRETS, NON-COMPETITION, AND DUTY OF LOYALTY ISSUESMichael ElkonCheryl PinarchickBob YonowitzMichael GrecoChristopher Stief, WORKERS’ COMPENSATIONBob RobenaltJerry Cline, HEALTHCARE INDUSTRYKevin Troutman, co-chair, Healthcare Practice GroupLaurel Cornell, co-chair, Healthcare Practice GroupDaniel KanterJaklyn Wrigley, HOSPITALITY INDUSTRYAndria Lure Ryan, co-chair, Hospitality Industry GroupAlden Parker, co-chair, Hospitality Industry Group, EDUCATION LAWSuzanne Bogdan, chair, Education Practice GroupSusan GueretteKristin Smith. What can we do from a care and compassion standpoint if an employee dies during this pandemic given new standards for social distancing? These proactive measures take a variety of forms, but they generally start with a customized preventive employee relations program incorporating specific timetables and accountability elements for purposes of enhancing the employee relations infrastructure. Given the high cost of termination and the generous government assistance programs in many countries, it can be more cost effective to explore other alternatives before terminating an employee. If we terminated employees instead of laying them off or furloughing them, how do we go about re-hiring them? You should also ensure that appropriate security measures are taken to avoid inadvertent or malicious access to the information by third parties, or other employees. However, in general, a more restrictive state or local shutdown or “shelter-in-place” order will control. On the other hand, if your FTE count is 15 during the forgiveness period, your forgiveness is only reduced by 25%, or $125,000. Because of ongoing precautions related to COVID-19, DHS has extended this policy for an additional 30 days. That does not mean, however, that an employee whose salary is reduced cannot have a reduced workload – this is permissible. OSHA standard 29 CFR 1904.31(b)(4) provides that companies and their subcontractors, including staffing agencies, must coordinate their efforts to ensure that each injury and illness is recorded only once on an OSHA 300 log –  by the employer who provides day-to-day supervision. UPDATED QUESTION & ANSWER (July 7, 2020)Must the summer camp or program be completely closed in order for the employee to be eligible for FFCRA leave? Shortly before the emergency of the COVID-19 coronavirus threat, Immigration and Customs Enforcement (ICE) was extremely active in their issuance of Notices of Inspection (NOIs) for I-9 documentation. If activities have to be eliminated or modified, get their input and ideas on what can be done instead. Their options in this situation may vary, however, especially as more businesses reopen and it becomes more difficult to distinguish the risk of commercial airline travel from risks that exist in employees’ own neighborhoods. Now that things have calmed down, should we be more formal about remote work? Second, if the work you are performing is still under the contract that issued during the NIE period, then that work should continue to be subject to the exemption. On March 20, ICE announced it was halting many enforcement actions amid the crisis. “COVID doesn’t rest at night. Other unanticipated consequences include impact on your retirement or other plans that base benefits on compensation. eep cleaning and disinfection after a potential or confirmed exposure. Additionally, in many states, the duty of loyalty is tied to employment status. What if we spend PPP loan funds on debts or other items not expressly identified in the program? The Phillips curve has become flatter, largely because workers’ collective bargaining ability has weakened, a working paper published by the Bank of Italy finds. What policies were changed based on the crisis? The years leading up to COVID-19 saw persistently low inflation, ... something that came to be called by … UPDATED QUESTION & ANSWER (April 27, 2020)What do we need to consider if we are thinking about implementing a voluntary attendance policy? However, you should continue to apply your normal policies of non-discrimination to the hiring process. The CDC made clear that the cloth face coverings being recommended are not surgical masks or N-95 respirators, which it recommends reserving for healthcare workers. 1. What should we do if a lawsuit is filed against our company? While some states and localities have issued guidance on these issues, many have not, although additional guidance may be forthcoming. The effect of next quarter’s inflation on current inflation depends on the parameter β, which measures how much households value future utility relative to current utility. With that baseline, we’re in a position to assess how changes in either the behavior of monetary policy or other structural parts of the economy could flatten the statistical version of the Phillips curve. You should be sure to consult your benefits attorney for further advice on this. Figure 1 shows artificial data on the inflation change, πt − and the output deviation, ŷt, obtained with computer simulations of the model. OSHA has published guidance on this issue. The macroeconomic model underlying this article offers a way to address such normative questions. In April, it killed more than 10,000 people in New York City. Some recall provisions simply require you to follow inverse seniority order. The Globalisation of Inflation: The Growing Importance of Global Value Chains, Inflation Dynamics and the Great Recession, Inflation Persistence, Monetary Policy, and the Great Moderation, Phillips Curve Instability and Optimal Monetary Policy, The Flattening of the Phillips Curve: Rounding Up the Suspects, Understanding the Flattening of the Phillips Curve, The Great Recession and the Inflation Puzzle. Possibly. 12 The combination of a low neutral interest rate, underlying trend inflation below 2 percent, and the low responsiveness of inflation to resource slack embodied in a flat Phillips curve reduces the amount we can cut rates to buffer the economy, weakens … The CDC’s recommended safety actions include: The CDC also recommends that you only reopen after you have implemented safeguards for the ongoing monitoring of employees, including: What workplace safety concerns should I anticipate when employees return? Encouraging employees who are sick to stay home; Establishing routine, daily employee health checks; Monitoring absenteeism and having flexible time off policies; Having an action plan if a staff member gets COVID-19; Creating and testing emergency communication channels for employees; and. For disinfection, diluted household bleach solutions, alcohol solutions with at least 70% alcohol, and most common EPA-registered household disinfectants should be effective. What key decisions were made related to employees? We want our exempt managers to work more hours because we eliminated several hourly positions. Finally, you need to make sure that when employees return to work and their normal facilities, they bring with them company-sensitive information that they developed or worked on when they were working from home so that it can be stored on company systems, devices, and accounts. Recognizing that specific tasks may preclude masks, OSHA states: Where cloth face coverings are not appropriate in the work environment or during certain job tasks (e.g., because they could become contaminated or exacerbate heat illness), employers can provide PPE, such as face shields and/or surgical masks, instead of encouraging workers to wear cloth face coverings. An expat’s assignment contract will dictate the answer to this question. After a large spike of COVID-19, cases dropped and sports leagues began looking for ways to start play again. The recently amended New York SHIELD Act similarly defines “biometric information” as including “data generated by electronic measurement of an individual’s unique physical characteristics, such as a fingerprint, voice print, retina or iris image, or other unique physical representation or digital representation of biometric data which are used to authenticate or ascertain the individual’s identity.” These definitions would not appear to include testing results or the results of a temperature test performed by an employer, which is used to screen for possible illness and not to authenticate an individual’s identity. In these situations, employers may consider encouraging the service member to telework before returning to the workplace, if feasible. Plan terms and service crediting are at the heart of the analysis. The alternative is to return the funds if you believe that payment of such wages are not necessary to support the ongoing operations of the company. Yes. 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