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. …

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 …

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” …

Last week, Ohio Governor Mike DeWine issued an “emergency declaration” expanding and clarifying eligibility for unemployment benefits during the current COVID-19 (“coronavirus”) pandemic. Specifically, unemployment benefits are now available for eligible individuals who are requested by a medical professional, local health authority, or employer to be isolated or quarantined as a consequence of coronavirus, even if they are not actually diagnosed with coronavirus. In addition, the standard one-week waiting period for unemployed individuals seeking unemployment benefits is being waived for this situation. If an employer discharges employees due to a loss of production caused by the coronavirus, employees will be …

On Sunday, March 22, 2020, Governor DeWine announced a new “Stay at Home Order” issued by Ohio Health Director Amy Acton, MD, MPH (the “Order”). In addition to severely restricting the ability of individuals in Ohio to leave their residences for two weeks, the Order contains specific and dramatic instructions to Ohio employers on managing their workforces. The employment-related restriction in the Order includes numerous exceptions. Below are details concerning the Order and its impact on essentially all private businesses in the state. Effective date: March 23, 2020 at 11:59 PM. End date: April 6, 2020 at 11:59 PM (unless …

On the evening of March 18, 2020, President Trump signed into law a significant legislative response affecting employers and workers coping with the COVID-19 (“coronavirus”) pandemic. The Families First Coronavirus Response Act (the “Act”) contains two separate but related provisions. First, the Act provides for Emergency Paid Sick Leave (“EPSL”) to be provided to employees and paid for by employers in certain situations. Second, it provides for an Emergency Family and Medical Leave Expansion (“EFMLE”), which expands coverage of the existing FMLA to specific situations related to the pandemic. Both provisions are subsidized through certain reimbursements available to employers (including …

The outbreak of COVID-19 has reached pandemic levels, prompting public and private action. Governments at all levels nationwide have issued emergency orders and resolutions establishing public health strategies and guidance for employers, communities and individuals to abide by during this time. Businesses are designing and implementing plans to prevent or minimize the spread of COVID-19 in the workplace with the hope that business operations can continue with minimal disruption. Even in the face of a pandemic, employers must pay attention to and comply with federal and state employment laws while making decisions that impact the health and wellbeing of their …