As non-essential Ohio businesses begin to reopen, some employees may not be eager to return. This could be due to lingering safety concerns about COVID-19 and/or because employees may be receiving an extra $600 a week in the form of unemployment benefits from the federal government. This $600 benefit is often in addition to whatever state unemployment benefits the employee receives, even if that results in the employee making more by staying at home than by returning to work. So, what can you do when you ask employees to come back to work and they refuse? First, it is important …
Businesses Deal with the Challenges of Re-Opening While Complying with Ohio Mandates
On Friday, May 15, 2020, restaurants and bars were authorized to re-open their patios to customers for outdoor dining and drinking in the state of Ohio. On the same day, personal care businesses (such as hair salons) were permitted to re-open. The businesses in the restaurant industry and personal care industry that opted to re-open over the weekend are accustomed to industry regulations. However, these and other businesses are now faced with the challenge of complying with government mandates and guidelines different from those that existed before the pandemic. The largest issues businesses are facing regarding re-opening may be related …
Legislative Update: Ohio’s Continued Effort to Legalize Sports Betting
In my September 6, 2018 blog post, I discussed the U.S. Supreme Court’s 2018 ruling in Murphy v. National Collegiate Athletic Association, which held that the Professional and Amateur Sports Protection Act of 1992 (“PASPA”) was unconstitutional. PASPA previously prohibited state-sanctioned sports betting and effectively outlawed sports betting anywhere but Nevada. The Supreme Court’s ruling opened the door for all 50 states to legalize sports betting within their borders. At the time, I cited two identical “placeholder” bills which had been introduced in the Ohio House and Senate, both of which made clear the General Assembly’s intention to enact legislation …
Ohio Sets Date For Additional Businesses To Re-Open
Restaurants, Bars, Hair Salons and Barbershops Among Those Included in May 7, 2020 Order On Thursday, May 7, 2020, Ohio Governor DeWine announced Ohio’s plan for additional nonessential businesses to open their doors to customers. Governor DeWine has announced that the restaurant and personal care working groups, which are two separate Ohio task forces comprised of stakeholders in these business sectors, have concluded their work. These two working groups have submitted their completed reports containing best practices and guidelines for re-opening to the Governor. While Ohio’s Stay Safe Order still prohibits gatherings of more than 10 people, the Governor announced …
Ohio Health Director Continues “Stay at Home Order” Through May 1, 2020
On Thursday, April 2, 2020, Governor DeWine announced an Amended “Stay at Home” Order issued by Ohio Health Director Amy Acton, MD, MPH (the “Amended Order”). The Amended Order extends the original Order’s two-week restrictions on the ability of individuals in Ohio to leave their residences, this time through May 1, 2020 at 11:59 PM. Additionally, the Amended Order continues the prior Order’s prohibition on the operation of non-essential businesses and operations. The same exemptions for businesses operating as “essential businesses and operations” created under the initial Order still apply. Notably, the Amended Order provides some new requirements for stores …
New IRS Guidance Requires Employees to Provide Information to Request Paid Leave
New guidance from the IRS, issued the evening of March 31, 2020, answers some of the questions left open by recent DOL publications on the issue of Emergency Paid Sick Leave (EPSL) and Expanded FMLA leave under the Families First Coronavirus Response Act (FFCRA). Perhaps most importantly, the IRS guidance identifies specific information that employers can require from employees seeking paid leave under the new statute. Employers may require a written request for any leave sought under the FFCRA including, at a minimum: The employee’s name; The date or dates for which leave is requested; A statement identifying the COVID-19 …
New DOL Guidance Clarifies Families First Coronavirus Response Act
A new compliance assistance guidance from the DOL (“Guidance”) has been posted concerning the paid leave provisions under the Families First Coronavirus Response Act (“FFCRA”), which includes Emergency Family and Medical Leave Expansion leave (“Expanded FMLA”) and Emergency Paid Sick Leave (“EPSL”) provisions, all of which become effective April 1, 2020. As before, the new Guidance is in the form of “FAQ” statements — 59 of them, to be exact. Much of the new Guidance simply reiterates information from the previous statements issued in the last two weeks. However, some of the information is new or clarifies existing DOL positions. …
DOL Issues Q&A Guidance on Families First Coronavirus Response Act
Late on March 26, 2020, the Department of Labor (“DOL”) issued new guidance answering many but not all of the questions that businesses have regarding the Families First Coronavirus Response Act (“FFCRA”). Some of the key takeaways pertaining to emergency paid sick leave (“EPSL”) and expanded family and medical leave (“EFMLEA”) are as follows: Documentation (Question 15). The DOL makes it clear that employers must require its employees to provide it with appropriate documentation supporting the reason for any leave requested under the Act, including the employee’s name, qualifying reason for requesting leave, statement that the employee is unable to …
U.S. Department of Labor Issues Workplace Poster on Employees’ Rights to Protected and Paid Leave under the Families First Coronavirus Response Act
On March 25, 2020, the U.S. Department of Labor (“DOL”) Wage and Hour Division (“WHD”) released a workplace poster detailing employees’ rights to expanded medical leave and paid sick leave under the Families First Coronavirus Response Act (FFCRA). The DOL poster can be located here: https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Federal.pdf This poster must be posted by all covered employers (employers with fewer than 500 employees) in frequently used common areas, on or before the effective date of the FFCRA, in order to satisfy the notice obligations under the new federal law. Covered employers must ensure that the FFCRA notice is posted in a conspicuous …
DOL Issues Initial Guidance on Families First Coronavirus Response Act
On March 24, 2020, the U.S. Department of Labor (“DOL”) issued its first form of guidance on the leave provision contained in the Families First Coronavirus Response Act (“FFCRA”) passed last week. The DOL notes that it will also be promulgating official new regulations in the coming days. The entire DOL Q&A is linked here: https://www.dol.gov/agencies/whd/pandemic/ffcra-questions. One of the significant questions addressed by the DOL is when and how employers should count employees to determine whether they fall within the “under 500” requirement for purposes of coverage under the FFCRA. According to the guidance, employers should calculate total “head counts” …