Employers facing changes in their business or broader economic downturns must find ways to respond and weather the storm. Typically, this means cutting expenses, while maintaining their ability to operate. For many (if not most) businesses, payroll is the single largest expense item. And when business slows, employees are left with excess capacity and are
FFCRA Leave for Childcare Closures May Extend Beyond the End of the School Year
By Caroline Sundbaum, Karen O'Connor & Matt Durham on
Posted in COVID-19
Thank you to everyone who attended our webinar on Taming the COVID-19 Chaos, Part 6—Bringing Employees Back to Work. If you missed it, be on the lookout for details on future webinars to help employers navigate these challenging times.
We received some questions about whether employees can continue to use FFCRA leave after the end…
Idaho Governor Announces Guidelines Permitting a Phased Re-opening of Idaho’s Economy
By James Dale on
On April 23, 2020, Idaho’s Governor Little adopted “Guidelines” that constitute a “data-driven approach to opening up Idaho’s economy.” The proposed approach is intended to reduce the risk of COVID-19 to the State’s most vulnerable population and preserve capacity in the healthcare system, while opening up businesses safely. The Governor’s action readily acknowledges that employee…
Utah Releases Plan to Reopen Its Economy
By Matt Durham on
Like many states, Utah has begun considering how and when it can return its economy back to more normal activity. On April 17, 2020, Governor Gary Herbert issued his Utah Leads Together Plan, version 2.0 (“Plan 2.0”). This plan was partly in response to legislation passed in a special session of the Utah State Legislature,…
Oregon’s Plan for Reopening
By Brenda Baumgart, Ryan Kunkel & Caroline Sundbaum on
Oregon Governor Kate Brown announced this week that Oregon is developing a multifaceted, step-by-step plan for reopening businesses and relaxing its “stay at home” measures. In accordance with federal guidance, Oregon’s plan has three phases, with gating criteria and core preparedness requirements that must be met before moving to the next phase. Between each phase,…
Governor Dunleavy Issues Phase 1 of the Reopen Alaska Responsibly Plan
By Karin Jones on
On April 22, Governor Dunleavy announced Health Mandate 016, reflecting Phase 1 of the Governor’s Reopen Alaska Responsibly Plan. The Governor anticipates issuing information on Phases 2 through 5 of the Plan in the near future.
Phase 1 of the Plan permits limited openings of businesses, including restaurants, retail businesses, personal services businesses, and both…
Governor Inslee Speaks on Strategy for Reopening Washington
By Karin Jones on
Posted in COVID-19, Washington
On April 21, Washington’s Governor Inslee remarked that the eventual reopening of Washington will “look more like turning a dial than flipping a switch.” But the timing of that dial turning is still unknown. Governor Inslee did not comment on whether his Stay Home, Stay Healthy order will be lifted on its current end date…
Senate Authorizes Additional Relief for Small Businesses Under the Paycheck Protection Program
By Ryan Kunkel on
Most employers are aware of the Paycheck Protection Program (“PPP”) created by the CARES Act that could provide assistance with meeting payroll, but the program quickly ran out of money, leaving many without funding. To address that and other issues, the Senate passed the Paycheck Protection Program and Health Care Enhancement Act, see here,…
Washington’s Emergency Unemployment Rules May Help Employers Retain Talent During COVID-19
By Chris Wall & Karin Jones on
Posted in COVID-19, Washington
Many Washington employers are looking for ways to retain skilled labor until businesses reopen. The Washington Employment Security Department’s (“ESD”) emergency rules may help during the COVID-19 crisis. Employers who plan to rehire employees when businesses reopen may request “standby” status for laid off employees, which has been expanded under the emergency rules.
Standby status…
California Continues to Fill in the Gaps Left by the Families First Coronavirus Response Act
By Bryan Hawkins on
On April 16, 2020, California Governor Gavin Newsom issued Executive Order N-51-20 (the “Order”). Similar to laws recently enacted by local California jurisdictions, the Order entitles certain workers to paid leave for reasons related to COVID-19 who are otherwise ineligible for such paid leave under the Families First Coronavirus Response Act (“FFCRA”).
As discussed here, FFCRA requires employers to provide employees with up to 80 hours of paid leave for reasons related to COVID-19. Notably, however, FFCRA excludes from its scope employees working for employers with 500 or more employees.
Since FFCRA’s enactment, numerous local jurisdictions have passed ordinances attempting to fill the gap left by FFCRA by requiring employers with 500 or more employees to provide paid leave for reasons related to COVID-19. This includes the cities of San Francisco, San Jose, and Los Angeles.
While similar to those ordinances, the Order issued by Governor Newsom is different in that it applies to “Food Sector Workers” and “Hiring Entities.” Specifically, it provides that Hiring Entities are required to provide Food Sector Workers with up to 80 hours of paid sick leave (“COVID-19 Supplemental Paid Sick Leave”) to the extent the workers are unable to work for any of the following reasons:
- They are subject to a federal, state, or local quarantine or isolation order related to COVID-19;
- They are advised by a health care provider to self-quarantine or self-isolate due to concerns related to COVID-19; or
- They are prohibited from working by the Food Sector Worker’s Hiring Entity due to health concerns related to the potential transmission of COVID-19.