Childcare is the issue that has gotten the least attention in discussions about employees returning to work. As states begin to slowly reopen and return employees to work, working parents are left wondering who will care for their children if schools, daycares, and camps are closed.
Wednesday, May 6, 2020
Coronavirus Update 5-6-2020: How do parents return to work without available childcare?
Childcare is the issue that has gotten the least attention in discussions about employees returning to work. As states begin to slowly reopen and return employees to work, working parents are left wondering who will care for their children if schools, daycares, and camps are closed.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, May 5, 2020
Coronavirus Update 5-5-2020: Ohio encouraging employers to report AWOL employees to ODJFS
Last week I asked how employers could encourage employees to return to work when unemployment benefits pay them more than their jobs. One suggestion I offered was to hit employees with the stick of unemployment-benefit termination.
Employees who refuse return-to-work offers might be disqualified from collecting further unemployment benefits (unless their refusal is because of coronavirus), and you can advise employees that refuse a recall that you will be asking the state to terminate their benefits.
Late last week, the State of Ohio provided a clear reminder to employers of the validity of this threat.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, May 4, 2020
Coronavirus Update 5-4-2020: Handling employee mental-health issues in a world and workplace changed by coronavirus
May is Mental Health Awareness Month, which is as good a time as any to bring up an issue that has been weighing heavily on my mind — the looming mental health crisis that our employees are facing and will continue to face in a world and workplace changed by coronavirus.
Coronavirus has altered all of our lives, and all employees are dealing with stress, anxiety, and isolation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, May 1, 2020
Coronavirus Update 5-1-2020: Some Friday links to share
Just a couple of links to wrap up another looooong week in the world of COVID-19.
First, the video from Tuesday’s Zoominar.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 30, 2020
Coronavirus Update 4-30-2020: The last and absolutely final (I hope) word on masks in Ohio businesses
Next Saturday (May 9) will mark the (lucky) 13th anniversary of the Ohio Employer Law Blog (NKA the Coronavirus Law Blog). Never did I ever think that I’d have reason to write five different posts in the span of 48 hours on the issue of whether employees are, or are not, required to wear masks or other facial coverings in the workplace. Blogging in the times of coronavirus, however, is certainly unique.
Yesterday, Lt. Governor John Husted provided what I believe (and hope) is the final word on the rules surrounding masks and other face coverings for businesses.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 29, 2020
Coronavirus Update 4-29-2020 number 2: Ohio flips (again) on mandatory masks for employees
Adding to the profound confusion on the mask requirements for reopening businesses, Ohio appears to have changed its mind for the third time in the past 48 hours on whether masks will be required for employees.
It now appears that masks are required for employees and recommended for visitors and customers.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 4-29-2020: Governor’s DeWine’s explanation for why masks are only “recommended” falls woefully short
I tuned in yesterday to Governor DeWine’s 2 pm briefing to learn why Ohio had changed its stance on face masks and coverings from “mandatory” to “recommended best practice.” His explanation falls way short.
The Governor offered two explanations, both based on feedback he received from constituents in the hours after his original pronouncement.
- Masks are offensive to some, who don’t like the government telling them what to do.
- Masks can be problematic for people with disabilities.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 28, 2020
Coronavirus Update 4-28-2020 number 2: Ohio’s reopening plan ๐ฟ๐ฒ๐ฐ๐ผ๐บ๐บ๐ฒ๐ป๐ฑ๐ masks for all employees
What happened next? Ohio changed its mind.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 4-28-2020: Ohio’s reopening plan includes ๐บ๐ฎ๐ป๐ฑ๐ฎ๐๐ผ๐ฟ๐ masks for all employees
Yesterday, Governor DeWine announced his plan to “responsibly” reopen Ohio, which will happen in phases.
- May 1: Healthcare procedures that don't require an overnight hospital stay, dentists, and veterinary offices
- May 4: Manufacturers, distribution, construction, and general office environments
- May 12: Consumer, retail and service providers
- Restaurants, bars, salons, and daycares will remain closed until further notice.
Generally, the state is requiring five protocols for all businesses as a condition to reopening:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 27, 2020
Coronavirus Update 4-27-2020: Bringing your employees back to work when unemployment pays them more than you do
At 2 pm today, Governor DeWine will announce his plan for restarting Ohio’s economy (currently expected to begin on May 2). One huge issue, however, is how businesses can incent their employees to return to work if unemployment is paying them more than you will.
Including the CARES Act’s $600 unemployment bonus that expires on July 31, an employee earning maximum unemployment benefits from the State of Ohio earns $1,247 per week, the equivalent of an hourly rate of $31.17 or a yearly salary of nearly $65,000. My guess is that most of your employees do not earn this much. It’s one of the worst unintended consequences of the CARES Act—employees are making more money unemployed than they did employed.
Thus, how do you incent your employees to come off unemployment and return to work, either because you are reopening or you need to end their furlough? You can either use the stick or the carrot.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 24, 2020
Coronavirus update 4-24-2020: A coronavirus DOL settlement, and listen to me discuss empoyers’ preparations for reopening our economy
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 23, 2020
Coronavirus update 4-23-2020: Your employees walk out in protest over coronavirus-related working conditions. Now what?
According to United for Respect, the worker rights group organizing the protest, says that the Amazon employees are hoping to accomplish the following.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 22, 2020
Coronavirus update 4-22-2020: I was (mostly) correct on the intersection between employer-provided paid leave and leave under the FFCRA
Last week I took a stab at making sense of the messy and unclear rules surrounding the substitution of employer-provided leave (which, for the sake of simplicity, I’ll refer to as (“PTO”) for paid sick leave (“EPSL”) and expanded Family and Medical Leave (“EFMLA”) under the Families First Coronavirus Response Act.
I was (mostly) correct.
Yesterday, the Department of Labor published its 5th set of FAQs discussing the FFCRA. Question 86 squarely addresses and clarifies the intersection between employer-provided paid leave and leave under the FFCRA.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 21, 2020
Coronavirus update 4-21-2020: Can and should employers require antibody testing as a return-to-work condition?
This testing, however, raises two critical questions.
1/ Can employers legally require it?
2/ Should employers rely on it as an indicia of safety?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 20, 2020
Coronavirus update 4-20-2020: What a business operating in the time of coronavirus CANNOT look like
On Friday I shared my thoughts on the measures businesses absolutely must take as a condition to reopening when governors restart their economies.
Today, I am sharing the consequences that will happen if states and businesses get this wrong.
NPR reports on the Smithfield Foods pork processing plant in Sioux Falls, South Dakota, which has become a hot spot of coronavirus transmission. That facility has seen 634 of its 3,700 total employees positive. Sadly, the first employee recently died.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 17, 2020
Coronavirus update 4-17-2020: Preparing your workplace for a restarted economy … plus a podcast and some music
President Trump has been talking for weeks about restarting the economy and getting employees back to work. Last night he unveiled his three-phased guidelines to reopen the country. (I’m ignoring the scary fact that WWE Chairman Vince McMahon was one of its key architects.) And now governors around the country (with whom the actual reopening authority actually rests) are joining the conversation.
Yesterday, Governor Mike DeWine of Ohio (who has been internationally praised for his forward-thinking handling of the coronavirus crisis in my state) announced that businesses in Ohio will begin slowly reopening starting May 1.
It’s unclear yet which businesses will be first to reopen (let me suggest non-essential manufacturing) or what standards they will be required to meet as a condition to opening and remaining open.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 16, 2020
Coronavirus update 4-16-2020: FBI warns companies about employees faking coronavirus diagnoses
Given the amount of time I spend on this blog pointing out the awful things that employers do to their employees, I thought I’d flip the script and focus my glare on a group of horrible employees.
According to CNN, the FBI has advised businesses that employees are faking positive coronavirus diagnoses with phony doctors’ notes and other fraudulent documentation.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 15, 2020
Coronavirus Update 4-15-2020: Declaring professional wrestling an essential business demeans the sacrifices all essential workers are making
Have you taken the “Florida Man challenge”? It’s a hoot. You type “Florida man” along with your birthdate to discover the head-scratching things Floridians have done on that date.
For example, “Florida Man February 13” (my birthday) yields this gem: Florida Man Carrying Steroids and Marijuana Crashes Van While Attempting to Flee Cumby PD.
And if you take the challenge for today, winner winner chicken dinner: Florida Man High on Flakka Has Sex with Tree and Calls Himself Thor.
It should therefore not come as any surprise to learn the state from which this headline originated: DeSantis Deems Pro Wrestling “Essential Business” Amid Statewide Stay-at-Home Order.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 14, 2020
Coronavirus Update 4-14-2020: Telecommuting as a reasonable accommodation
Telecommuting has become the coronavirus norm. The CDC recommends that employees who can work from home do so, and state Stay at Home orders are requiring telework whenever possible.
The larger questions, however, are whether COVID-19 will change our national outlook on the viability of telework, or when his crisis ends will businesses return to their pre-coronavirus telework hostility?
I hope it’s the former but I fear it’s the latter. And if it’s the latter, Tchankpa v. Ascena Retail Group, which the 6th Circuit decided in the midst of the growing coronavirus outbreak and just five days before the WHO declared a viral pandemic, gives us some insight into the future issues.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 13, 2020
Coronavirus Update 4-13-2020: Trying to make sense of the substitution of employer-provided leave for EPSL and EFMLA under the FFCRA
One of the more confounding sets of rules under the FFCRA is when employers can require employees to substitute an employer’s own provided leave (which, for the sake of convenience I’ll refer to throughout as “PTO”) for paid leave —the 80 hours of paid sick leave (“EPSL”) or the 12 weeks of expanded family and medical leave (“EFMLA”)—mandated by the Families First Coronavirus Response Act.
Today I am going to make an attempt to explain these rules, but I’ll fully admit that it’s still not 100 percent clear to me. The text of the FFCRA seems to suggest that an employer can never require the substitution of PTO. The DOL’s proposed regulations, however, muddy the waters, which were muddied even further by an amendment to those proposed regulations published last Friday, which deleted language from the regulations’ explanatory discussion relating to the substitution of PTO for EFMLA.
So let’s try to sort it all out.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 10, 2020
Coronavirus Update 4-10-2020: The top 5 things I’m doing besides working
How are you filling your non-working time? We used to fill our time running our kids all over the place for various lessons, rehearsals, and gigs. Now, however, we have a lot of down-time, with nothing to do. So how am I filling my time when I’m not working? (Which, btw, I’ve been doing a lot of over the past month.)
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 9, 2020
Coronavirus Update 4-9-2020: CDC issues new guidelines for the return of essential workers to work after a coronavirus exposure
Last night, the Center for Disease Control issued new guidelines for when an essential employer should permit a critical infrastructure employee to return to work after a coronavirus exposure (defined as a household contact or having close contact within 6 feet of an individual with confirmed or suspected coronavirus for up to 48 hours before the individual became symptomatic).
The guidelines are a substantial departure from how I’ve been advising my clients for the past month.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 8, 2020
Coronavirus Update 4-8-2020: Employers, if you are requiring your employees to wait in line for a coronavirus fever check, please pay them for waiting
Bloomberg Law asks whether employers are “responsible for paying workers for the time it takes to record their body temperatures before entering the workplace.” To me, this question doesn’t require a legal analysis but a common-sense application of basic decency. If your employees are queuing before entering work because you are requiring them to pass a temperature check, pay them … period.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, April 7, 2020
Coronavirus Update 4-7-2020 number 2: FFCRA loopholes (and another Zoominar)
Senator Patty Murray (D-Wash.) and Congresswoman Rosa DeLauro (D-Conn.) have sent a scathing letter to Secretary of Labor Eugene Scalia calling out the DOL for contradictions they see between the text of the Families First Coronavirus Response Act and the agency’s interpretive guidance.
Among the issues that they red-flagged:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 4-7-2020: What does OSHA have to say about coronavirus for employers?
So what steps should employers take to furnish employees a workplace safe from coronavirus—a hazard that is causing or is likely to cause death or serious physical harm?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, April 6, 2020
Coronavirus Update 4-6-2020 number 2: A 4th set of FAQs from the DOL on the FFCRA (and another Zoominar)
If you thought the DOL was done publishing FAQs on the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act with the publications of last week’s regulations, boy do I have a surprise for you.
Over the weekend, the DOL published its 4th set of FAQs discussing the FFCRA (nos. 60 - 79).
What has the DOL clarified in its latest set of FAQs?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 4-6-2020: We CARES about unemployment
The past two weeks have seen a record 10 million new unemployment claims. This number does not even include many of the millions more who have had their hours or wages cut as businesses continue to struggle with the realities of operating in a world turned upside down by coronavirus. Sadly, we should expect this situation to get a lot worse before it starts to get better.
Thankfully for each worker unemployed or underemployed as a result of coronavirus, the CARES Act provides significant financial relief. It contains the following seven unemployment expansion and enhancement provisions.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, April 3, 2020
Coronavirus Update 4-3-2020: I killed the Easter Bunny
My family has been self-quarantined for the past three weeks. We did so before Ohio ordered people to stay at home, and before anyone started talking about social distancing and flattening the curve.
We chose to do this because our son is high-risk with a heart defect and asthma, and none of us wanted to get him sick.
We take our responsibility to halt the spread of this killer virus very seriously. We view it not only as a responsibility to ourselves not to become ill, but also to society as a whole not to spread it to others in the event we are silent or pre-symptomatic carriers. We know that one can transmit the virus for up to 14 days after exposure and before any symptoms appear; we’ve not been closer than six feet from anyone but the four of us living this house for weeks.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, April 2, 2020
Coronavirus Update 4-2-2020: The DOL’s FFCRA regulations contain some BIG changes (and other Zoominar)
Yesterday afternoon, the Department of Labor published its long-awaited (as in, for the past two weeks) regulations to the paid family leave and paid sick leave provisions of the Families First Coronavirus Response Act. You can download them and read them for yourself (all 124 pages) here.
I will discuss these regulations and field your questions on another Zoominar (this time, fingers crossed, free of Zoombombs), tomorrow, Friday, April 3, at 10 am ET. You can participate here: https://zoom.us/j/976011327
I’ve also summarized the key regulatory differences and highlights below.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, April 1, 2020
Coronavirus Update 4-1-2020 number 2: DOL’s FFCRA regulations are out!
The Department of Labor's FFCRA regulations are out. And they are significant.
- Government stay at home and shelter in place orders qualify for leave.
- Intermittent leave is very limited.
- The scope of people for whom an employee can provide care and qualify for leave is narrow.
- An employee cannot take childcare related leave if someone else is available to care for their child(ren).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 4-1-2020: The mechanics of the tax credit for paid family and sick leave under the FFCRA
One of the questions I have received the most since the passage of the Families First Coronavirus Response Act is how employers claim the tax credit available under the Act for paid leave provided to employees.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 31, 2020
Coronavirus Update 3-31-2020: Employers, PLEASE don’t take your employees’ stimulus checks (plus video of yesterday’s Zoominar)
One employer is an anomaly, two is a trend that must be stopped.
Last week, I nominated for the Worst Employer of 2020 an unnamed national restaurant chain that was reported to be stealing (the company called it “absorbing”) its employees’ CARES Act stimulus checks by reducing their scheduled hours in a pro-rata amount.
Now, another employer has been outed with similar plans.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 30, 2020
Coronavirus Update 3-30-2020: DOL FAQs on the FFCRA, the threequel (and a Zoominar reminder) #coronavirus
A quick reminder that I’ll be live on Zoom today from 1 - 2 pm ET discussing all things Coronavirus, including the DOL’s most recent additions to its Families First Coronavirus Response Act FAQs (part 1 of which I covered here, and part 2 of which I’m covering below).
You can access the Zoominar here: https://zoom.us/j/856368874 (and don’t forget that Norah promised to join for a song at the end).
Now, onto the most recent development—the DOL’s weekend additions to its coronavirus paid family and sick leave FAQs (maybe its last before the law’s 4/1 effective date).
Here’s what the DOL has to say about some very important open issues.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 27, 2020
Coronavirus Update 3-27-2020 number 2: More answers from the DOL on the FFCRA, and another Zoominar
Late yesterday, the DOL published a second round of FAQs (numbers 15-37) answering more questions on the operation of paid family and sick leave under the Families First Coronavirus Response Act.
Here’s what the DOL has to say:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 3-27-2020: How are we feeling? #CoronavirusCoping
After a week of self-imposed quarantine in my home, and a week of mandatory sheltering in place by the State, now is as good a time as any to tell everyone how I’m holding up, and also to ask everyone, “How are you?”
First me.
The truth is, I’m not great. I’m tired, I’m stressed, and I’m worried.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 26, 2020
Coronavirus Update 3-26-2020 number 2: Is the DOL’s FFCRA notice correct as published?
The speed at which the coronavirus news cycle moves is dizzying.
Is it possible that the DOL’s FFCRA Employee Rights Poster is correct as published, even with it listing a $12,000 cap for paid family leave?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 3-26-2020: A coronavirus Q&A and the DOL’s FFCRA notice (with a big ol’ typo)
Yesterday I held my first Zoominar. (Is this an actual word, or did I just make it up?) I opened up my Zoom room for the first 100 people to join and ask any coronavirus-related employment law questions they wanted. I shared #MyQuarantineHaiku (see below), saw some familiar faces, met some new old friends, and answered dozens of questions.
If you weren’t able to join or couldn’t get in, you can watch it here:
Also yesterday, during my Zoominar, the DOL published its required Employee Rights poster for the Families First Coronavirus Response Act. You must post it alongside your other employment law posters no later than April 1, and email it to those employees that are currently working remotely. But you might want to brush up on your PDF editing skills before you do so, because the DOL’s model poster has a big ol’ typo. In describing the paid leave entitlement for employees taking time off to care for children, the DOL lists the maximum dollar cap as $12,000 instead of $10,000. A big mistake, and one we will assume the DOL will fix soon. (Thanks to Eric Meyer for pointing this out to me.) You can also bring it to the DOL’s attention on one of its FFCRA twitter chats, or on the online forum it is hosting.
Two more things. First, I will be hosting another Zoominar this coming Monday, March 30, from 1 – 2 pm. And this time I won’t be caught off guard by the questions about how my daughter’s band, Fake ID, is weathering the coronavirus storm. In fact, she’s promised to join and perform a song for everyone. You’ll be able to access the Zoominar here.
Finally, #MyQuarantineHaiku.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 25, 2020
Coronavirus Update 3-25-2020 number 2: Someone needs to tell the DOL that 15 days from March 18 is April 2, NOT April 1
The Families First Coronavirus Response Act has an effective no later than 15 days after President Trump signed it. He signed in late in the day on March 18. We all did the math, and calculated an effective date of April 2. We all did the math.
Which is why we were all surprised when the DOL published a Q&A yesterday and announced an effective date of April 1.
What is the effective date of the Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act?
The FFCRA’s paid leave provisions are effective on April 1, 2020, and apply to leave taken between April 1, 2020, and December 31, 2020.
Apparently, everyone can count to 15 except the Department of Labor.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 3-25-2020: The 5th nominee for the “worst employer of 2020” is … the coronavirus stimulus snatcher
Can we just close the poll now and announce today’s nominee the winner? If anyone can verify the identity of this employer I’d love to know who it is.
Alison Green, over at Ask a Manager, provides the truly awful details.
I work in an administrative role at a national restaurant chain.
I just got off of a conference call with corporate in which they told us that if the U.S. government sends us the proposed stimulus checks due to Covid 19, they plan to absorb the money we receive by cutting our hours to reflect that amount. In other words, if each person receives a check for $1,200, $1,200 will effectively go back to the company. Is this legal?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 24, 2020
Coronavirus Update 3-24-2020 (number 2): I’ll be chatting all things coronavirus tomorrow, Mar. 25, from 12 - 1 ET
There are so many questions about all things coronavirus and workplace, I thought I’d try something new for all of my valued readers.
Tomorrow, March 25, from noon through 1 pm ET, I’ll be live on Zoom chatting all things coronavirus.
You can access this live chat here:
I'll also be recording it to share later if you can't get into the chat room.
And, if this is well received I promise I’ll do more. ๐
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 3-24-2020: Layoffs, furloughs, and group health insurance
The question I’ve received the most in the past week is the difference between a layoff and a furlough. Both are reductions in force caused by economic conditions. There is one key difference.
- A layoff is a permanent job loss, usually with no expectation of recall to full-time employment.
- A furlough is a temporary and short-term reduction of one's hours (in this case down to zero) with an expectation of a return to full-time employment.
One issue that keeps recurring is what happens to employees’ health insurance if they lose their jobs related to coronavirus-related job cuts.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 23, 2020
Coronavirus Update 3-23-2020: Frequently Asked Questions about Ohio’s “Stay at Home” Order
Effective Monday, March 23, 2020, at 11:59 pm, and continuing through at least April 6, the State of Ohio, via an order of Dr. Amy Acton, Director of the Ohio Department of Health, has closed all non-essential businesses to help combat the spread of COVID-19. Governor DeWine stated that he would reevaluate the April 6 end date as necessary. These closures are mandatory. A copy of the Order is available here.
To help answer your most pressing questions about how this Stay at Home Order impacts your business and your employees, I drafted this FAQ.
For additional information and updates on how Coronavirus will continue to impact your business, bookmark coronaviruslaw.blog or ohioemployerlawblog.com, or subscribe via RSS or email.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Saturday, March 21, 2020
Coronavirus Update 3-21-2020: Treasury, IRS and Labor announce plan to implement Coronavirus-related paid leave for workers and tax credits for businesses
The Department of Treasury, the Department of Labor, and the IRS announced impending regulations that will help covered businesses navigate the paid family and sick leave provisions of the Families First Coronavirus Response Act, including available tax credits, the small employer exemption, and a 30-day non-enforcement grace period.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 20, 2020
Coronavirus Update 3-20-2020: How are you feeding your soul?
What did you do to feed your soul this week? I’ve been sheltered at home with my family. We’ve decided to self-quarantine because our 11-year-old son’s congenital heart defect makes him high risk. Aside from working (a lot), I’ve turned to a few things to fill my soul with some much-needed joy.
Center square ftw! |
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 19, 2020
Coronavirus Update 3-19-2020: The Families First Coronavirus Response Act is law
Five days.
That’s all it took for both parties in both houses of Congress to work together, along with the White House and President Trump, to pass important relief legislation for American workers. We need more cooperation like this to see our country thru this crisis.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 18, 2020
BREAKING NEWS: Senate passes Families First Coronavirus Response Act
This afternoon, by a margin of 90 - 8, the Senate passed the Families First Coronavirus Response Act. It will now go to President Trump for signature. The law will be identical to the amended bill passed by the House Monday evening. It will become effective in 15 days after President Trump signs it (as he has said he will).
For the next two weeks, businesses will have to get their FMLA and sick leave houses in order. Policies will be needed to be reviewed, amended, and drafted. Forms will need to be created. And new posters will have to be hung in the workplace.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Coronavirus Update 3-18-2020: “Gag and vote for it anyway,” and an EEOC update
It looks like the Families First Coronavirus Response Act is one step closer to becoming law … just not quite yet.
During a lunch meeting of Senate Republicans yesterday, Majority Leader Mitch McConnell told his constituency they should pass the bill. He did so, however, in the most Mitch McConnell way possible.
A number of my members think there were considerable shortcomings in the House bill. My counsel to them is to gag and vote for it anyway.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 17, 2020
Coronavirus Update 3-17-2020: House guts the Families First Coronavirus Response Act before sending it to the Senate
For the time being, I have rebranded the Ohio Employer Law Blog as the Coronavirus Law Blog. I’ll be using this space to offer daily updates on what is happening regarding this public health emergency. Everything is moving and changing so quickly, and, frankly, nothing else seems to matter right now. When we all come out the other side, I will happily resume your regularly scheduled updates on worst employers and everything else.
So here’s where are on the morning of March 17, 2020 (Happy St. Patrick’s Day).
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 16, 2020
Answering the six questions I’ve received most about the Families First Coronavirus Response Act
In the past 48 hours, I’ve received a lot of emails and other correspondence asking questions about the Families First Coronavirus Response Act. Most of them fall into one of six categories.
- I am a small business, and if I have to pay family and sick leave for my employees, I’ll go out of business. What am I supposed to do?
- I work for a [large employer]. They don’t provide any paid time off. What am I supposed to do if I get sick, or a family member gets sick?
- How does the interaction between the FFCRA’s paid family leave and paid sick leave work?
- I understand the tax relief provision, but I operate a non-profit that doesn’t pay any taxes. What relief is there for us?
- What about self-employed people? What relief is there for us?
- If a business is forced to close because of COVID-19, what relief is there for its employees who lose their jobs, either temporarily or permanently?
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Saturday, March 14, 2020
BREAKING: House passes broad coronavirus stimulus and relief package, including paid sick and family leave
It’s been 12 days since I asked if coronavirus the thing that will finally make paid family and sick leave a national reality. Twelve days in the COVID-19 news cycle feels like 12 years. Regardless, I am happy to report that in the very early hours of this morning, by a bipartisan vote of 363-40, the House passed the Families First Coronavirus Response Act, sweeping legislation that will provide myriad emergency relief to businesses and individuals, including paid family and sick leave.
Shortly after the House passed the bill, President Trump tweeted his support, virtually assuring a swift run through the Senate and his signature.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 13, 2020
WIRTW #591 (the “new (ab)normal” edition)
This has been one strange and disorienting week. I haven’t felt this disjointed since 9/11.
No basketball (pro or college).
No hockey.
No baseball.
No James Bond.
No large scale concert tours.
No Broadway shows or Disney parks.
No St. Patrick’s Day parades.
No Rock & Roll Hall of Fame inductions.
And, in Ohio, no mass gatherings of more than 100 people (to include auditoriums, stadiums, arenas, large conference rooms, meeting halls, cafeterias, or any other confined indoor or outdoor space, but not offices, restaurants, factories, or retail or grocery stores). And no school at least for the next three weeks.
And, to top it off, Tom freakin’ Hanks has coronavirus (my personal breaking point).
So what now? Our new normal is very abnormal. And it’s going to stay this way, at least for the immediate future.
As it stands, the best advice remains to practice social distances, stay home if you’re ill, follow the recommended hand washing and other “good hygiene” protocols, and don’t travel unless you absolutely (and I mean absolutely) have to.
Finally, above all else, please be flexible, understanding, and kind. If there was ever a time to prioritize the human issues, it’s now. Illnesses, quarantines, and closed schools will strain the workplace. I promise you that they are straining your employees more. The more nimble and empathetic we can be, the less this will hurt.
One last thing. When the time comes (and it will come) when we can resume our pre-coronavirus lives, get out and support small businesses, live music, the travel industry, and everyone else whose livelihood was impacted by COVID-19. They are really going to need it.
Here’s what I read this week:
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 12, 2020
A thank you and a mission statement
Tomorrow, I was to receive my award from the Cleveland-area chapter of the National Association of Social Workers as its Public Citizen of the Year. Sadly, but understandably, coronavirus caused the event to be postponed. Since I will not have the opportunity to deliver my remarks (and I’m not sure when I will), I’m sharing them here.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 11, 2020
6th Circuit gives employers relief on the evidence employees must present to prove off-the-clock work
The difficulty in defending certain wage-and-hour cases is that employers are often asked to prove a negative. “I worked __ number of hours of overtime,” says the plaintiff employee. “Prove that I didn’t.” If the hours are for unclocked work, the employer often lacks documentation to refute the employee’s story. Which, in turn, leads to a case of "I worked / no you didn't." That, in turn, creates a jury question, the risk of a trial, and a settlement (since very few employers want to risk paying the plaintiff’s attorneys’ fees if the employee wins).
In Viet v. Le, the 6th Circuit Court of Appeals provides employers much needed relief from these extorting lawsuits.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 10, 2020
Coronavirus resource update ๐ฆ ๐ท
As Ohio recorded its first three official coronavirus cases, I thought now is as good a time as any to share some COVID-19 resources I recently prepared, participated in, or will be participating in.
First, I recorded an episode of the SpheraNOW podcast where I discuss the risks and best practices for employers during this outbreak.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 9, 2020
Is an employee entitled to FMLA leave to care for the children of a family member with coronavirus?
Among other qualifying reasons, the FMLA allows an eligible employee to take 12 weeks of annual unpaid leave to care for a family member with a serious health condition. Family member, however, does not mean any family member. It only applies to an employee’s spouse, son, daughter, or parent.
The FMLA’s definition of “son or daughter” not only includes a biological or adopted child, but also a child of a person standing “in loco parentis” (one who has day-to-day responsibility for caring for a child without a biological or legal relationship to that child).
Suppose, however, an employee’s family member contracts COVID-19. Is that employee entitled to FMLA leave to care for that family member’s minor children during the period of incapacity? According to Brede v. Apple Computer (N.D. Ohio 1/23/2020), the answer is “no.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Friday, March 6, 2020
WIRTW #590 (the “win some, lose some” edition)
Life is often about competition. For example, I litigate for a living. Trials have winners and losers. We also compete for jobs, for college admissions, and for sports titles. And competition requires a winner and some losers.
Some things, however, we do just for the experience, even if that experience is built around competition.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Thursday, March 5, 2020
Accidents will happen: “Not every mistake amounts to actionable employment discrimination”
Mistakes happen. Including in the context of employment decisions. But not every mistake amounts to actionable employment discrimination. That’s the lesson of this case, where Robyn Smith’s employer fired her after it wrongly concluded that she had been stealing from one of the company’s clients.
So starts the 6th Circuit’s opinion in Smith v. Towne Properties Asset Management Co.
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Wednesday, March 4, 2020
What “Sexy Vixen Vinyl” teaches us about porn at work
If you’re Fox News reporter Brit Hume, you have a lot of explaining to do. Yesterday, the venerable journalist carelessly tweeted out his internet exploration of “Sexy Vixen Vinyl.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Tuesday, March 3, 2020
Can an employer require an employee with a serious health condition to take FMLA leave?
Yesterday, in response to my post about coronavirus and paid sick leave, a commenter on LinkedIn asked whether an employer can force a sick employee to take FMLA leave.
The answer is a qualified “yes.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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Monday, March 2, 2020
Is coronavirus the thing that will finally make paid sick a national reality?
As of this morning, there are 88 confirmed cases of coronavirus in the United States, with two deaths. According to the CDC, one of the best measures people can take to prevent the spread of the virus is to stay home from work when they are sick. Yet, as noted by CNN, “for workers who don’t have paid sick leave, staying home when they aren’t feeling well can be financially devastating.”
For more information, contact Jon at (440) 695-8044 or JHyman@Wickenslaw.com.
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