U.S. DEPARTMENT OF LABOR ISSUES TEMPORARY RULES IMPLEMENTING  THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT

U.S. DEPARTMENT OF LABOR ISSUES TEMPORARY RULES IMPLEMENTING  THE FAMILIES FIRST CORONAVIRUS RESPONSE ACT

On April 1, 2020, the United States Department of Labor (“DOL”) issued temporary regulations on the Families First Coronavirus Response Act (“FFCRA”).  The 124-page document largely follows the previously published FAQs by the DOL, but it does set forth some additional clarifications on the requirements imposed on employees asking for leave and the documentation that employers need to maintain under the FFCRA.
  • In order to apply for Paid Sick Leave under the Emergency Paid Sick Leave Act (EPSLA) or Emergency Family and Medical Leave under the Emergency Family and Medical Leave Expansion Act (EFMLEA), employees must provide:
  1. Employee’s name;
  2. Date(s) for which leave is requested;
  3. Qualifying reason for the leave; and
  4. Oral or written statement that the employee is unable to work because of the qualified reason for leave.
  • In order to take Paid Sick Leave due to a Federal, State or Local quarantine or isolation order, an employee must additionally provide the employer with the name of the government entity that issued the quarantine or isolation order related to COVID–19.   Where an employee is seeking the leave due to a health care provider’s advice to self-quarantine, an employee must provide the employer with the name of the health care provider who advised the employee to self-quarantine due to concerns related to COVID-19.
  • To take Paid Sick Leave in connection with Emergency Family and Medical Leave, an employee must additionally provide:
  1. the name of the son or daughter being cared for;
  2. the name of the school, place of care, or child care provider that has closed or become unavailable; and
  3. a representation that no other suitable person will be caring for the son or daughter during the period for which the employee takes Paid Sick Leave or Expanded Family and Medical Leave.
  • Record Keeping – The DOL also explained that an employer is required to retain all documentation provided for four years, regardless whether leave was granted or denied.  In addition, if an employee provides oral statements to support their time off under the EPSLA and EFMLEA, the employer is required to document and maintain this information its records for four years.

30 Days to Slow the Spread

30 Days to Slow the Spread

Assistance for American Workers and Families

In the weeks immediately after the passage of the CARES Act, Americans will see fast and direct relief in the form of Economic Impact Payments. For more information, CLICK HERE.

Assistance for Small Businesses

The Paycheck Protection Program prioritizes millions of Americans employed by small businesses by authorizing up to $349 billion toward job retention and certain other expenses.

Small businesses and eligible nonprofit organizations, Veterans organizations, and Tribal businesses described in the Small Business Act, as well as individuals who are self-employed or are independent contractors, are eligible if they also meet program size standards.

  • For a top-line overview of the program CLICK HERE
  • If you’re a lender, more information can be found HERE
  • If you’re a borrower, more information can be found HERE
  • The application for borrowers can be found HERE

Paycheck Protection Program Resources

30 Days to Slow the Spread

On March 16, President Trump announced public health guidelines to slow the spread of Coronavirus in America. He asked every family to unite against this invisible enemy, making changes to our daily routines as part of a national effort to save lives. As he said on Monday, it’s likely that a peak in Coronavirus fatalities will arrive in about two weeks. If we continue to follow public health guidelines vigorously, we could save more than 1 million American lives in the weeks and months ahead. A million American lives are worth fighting for. That’s why this week, President Trump extended his Coronavirus Guidelines for America through the next 30 days. Please click here for more information:

30 Days to Slow the Spread (Español)

How to Help – If you or your organization are interested in helping the effort to combat the spread of COVID-19, FEMA has established a website (www.fema.gov/coronavirus/how-to-help) with more information. Examples for the private sector include:

  • To sell medical supplies or equipment to the federal government, please submit a price quote under the COVID-19 PPE and Medical Supplies Request for Quotation. Full details can be found in the solicitation (Notice ID 70FA2020R00000011).
    • This solicitation requires registration with the System for Award Management (SAM) in order to be considered for award, pursuant to applicable regulations and guidelines. Registration information can be found at www.sam.gov.  Registration must be “ACTIVE” at the time of award.
  • If you have medical supplies or equipment to donate, please provide us details on what you are offering.
  • If you are a private company that wants to produce a product related to the COVID response – email nbeoc@max.gov.
  • If you are a hospital or healthcare provider in need of medical supplies, please contact your state, local, tribal or territory department of public health and/or emergency management agency.
  • If you are interested in doing business with FEMA and supporting the response to COVID- 19 with your company’s non-medical goods and/or services, please submit your inquiry to the Department of Homeland Security (DHS) Procurement Action Innovative Response Team (PAIR) team at DHSIndustryLiaison@hq.dhs.gov.

For additional information please visit FEMA’s website: https://www.fema.gov/coronavirus/.

White House COVID-19 Updates

Department of Justice Makes $850 Million Available to Help Public Safety Agencies Address COVID-19 Pandemic (HERE)

  • DOJ today announced that it is making $850 million available to help public safety agencies respond to the challenges posed by the outbreak of COVID-19. The Coronavirus Emergency Supplemental Funding program, authorized by the recent stimulus legislation signed by President Trump, will allow eligible state, local, and tribal governments to apply immediately for these critical funds.

IRS: Employee Retention Credit available for many businesses financially impacted by COVID-19 (HERE)

  • The Treasury Department and the Internal Revenue Service today launched the Employee Retention Credit, designed to encourage businesses to keep employees on their payroll. The refundable tax credit is 50% of up to $10,000 in wages paid by an eligible employer whose business has been financially impacted by COVID-19.

Treasury and IRS Release FAQs to Help Small and Midsize Businesses Navigate Paid Sick and Family Leave Tax Credits (HERE)

  • The U.S. Department of the Treasury and the Internal Revenue Service are offering small and mid-size employers more information on refundable tax credits that reimburse them, dollar-for-dollar, for the cost of providing their employees paid sick and family leave wages related to COVID-19.

Department of Labor Announces New Paid Sick Leave and Expanded Family and Medical Leave Implementation (HERE)

  • The U.S. Department of Labor today announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA). The department’s Wage and Hour Division (WHD) posted a temporary ruleissuing regulations pursuant to this new law, effective today, April 1, 2020.

DOL Releases Round 2 of COVID-19 Frequently Asked Questions Covering Issues Related to the H-2A Temporary Agricultural Labor Certification Program (HERE)

  • The Office of Foreign Labor Certification released Round 2 of frequently asked questions regarding COVID-19. The Round 2 FAQs address potential issues regarding the H-2A temporary agricultural labor certification program.

Secretary DeVos Announces New Federal Deadline Flexibility for Career and Technical Education Leaders, Allowing Them to Focus on Serving Students During the COVID-19 Outbreak (HERE)

  • Secretary DeVos announced today new flexibilities for career and technical education leaders who are required to submit their local CTE plan for FY 2020-2023 under the Strengthening Career and Technical Education Act for the 21st Century Act by April 15, 2020.

Coronavirus Public Health Emergency Underscores Need for Department of Education’s Proposed Distance Learning Rules (HERE)

  • Secretary DeVos proposed new rules today that would govern distance learning for higher education students. Although work on the proposed Distance Learning and Innovationregulation started more than a year ago, the COVID-19 National Emergency underscores the need for reform and for all educational institutions to have a robust capacity to teach remotely.

VA New Jersey Health Care System, East Orange Campus, to Assist COVID-19 Response (HERE)

  • The U.S. Department of Veterans Affairs opened 20 beds (15 acute care and 5 intensive care) at its East Orange, NJ Medical Center, April 1, to non-Veteran, critical and non-critical COVID-19 patients to help assist the Northern New Jersey region in its COVID-19 response efforts.

Transcom Looks for Ways to Safely Move COVID-19 Patients (HERE)

  • Last week, U.S. Transportation Command was responsible for moving a patient with COVID-19 from Djibouti, Africa, to Landstuhl, Germany, for medical treatment. Moving a contagious patient isn’t easy, Transcom’s commander said, but efforts are underway to make it safer.

Logisticians Make COVID-19 Fight Possible (HERE)

  • Joint Staff logisticians are working around the clock to help civilian authorities deal with the effects of the coronavirus pandemic.

DOD Mounts Multifaceted Response to COVID-19 Pandemic (HERE)

  • The Defense Department is rapidly ramping up its efforts to fight COVID-19 and assist federal, state and local governments in their efforts.

Corps of Engineers Converts NYC’s Javits Center into Hospital (HERE)

  • The New York District of the Army Corps of Engineers has completed its conversion of the 1,800,000-square-foot Jacob K. Javits Convention Center in New York City into an alternate care facility for more than 2,000 non-COVID-19 patients.

For the most up-to-date information, please see the CDC’s website: www.coronavirus.gov.

MTD Cancels Regional Meetings

MTD Cancels Regional Meetings

Please be advised that due to the outbreak of COVID-19, the associated danger of travel, lodging and meeting with large groups for the participants and the unpredictable timetable being put forth in fully and safely addressing the national health and economic emergency declared by the President of the United States, the Metal Trades Department has decided to cancel all upcoming Regional Officers Seminars scheduled during June, 2020.

We apologize for any inconvenience.

Thank you for your time and consideration.

FFCRA Poster and Frequently Asked Questions

FFCRA Poster and Frequently Asked Questions

The Department of Labor (DOL) has issued the attached poster that covered employers have to post in their workplaces. The poster advises employees of their rights under the Families First Coronavirus Response Act (FFCRA) to paid leave and expanded benefits under the Family Medical Leave Act. See the frequently asked questions (FAQs) issued by the DOL, which provide some guidance regarding basic issues with respect to the notice posting and dissemination of information contained in the poster.

The notice should be posted in a conspicuous place, such as where the Metal Trades Department posts all of its labor and employment posters for its employees.

The FAQs are as follows:

Q: Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice?

A. Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.

Q. Do I have to post this notice in other languages that my employees speak? Where can I get the notice in other languages?

A. You are not required to post this notice in multiple languages, but the Department of Labor (Department) is working to translate it into other languages.

Q. Do I have to share this notice with recently laid-off individuals?

A. No, the FFCRA requirements explained on this notice apply only to current employees.

Q. Do I have to share this notice with new job applicants?

A. No, the FFRCA requirements apply only to current employees. Employers are under no obligation to provide the notice of those requirements to prospective employees.

Q. Do I have to give notice of the FFCRA requirements to new hires?

A. Yes, if you hire a job applicant, you must convey this notice to them, either by email, direct mail, or by posting this notice on the premises or on an employee information internal or external website.

Q. If my state provides greater protections than the FFCRA, do I still have to post this notice?

A. Yes, all covered employers must post this notice regardless of whether their state requires greater protections. The employer must comply with both federal and state law.

Q. I am a small business owner. Do I have to post this notice?

A. Yes. All employers covered by the paid sick leave and expanded family and medical leave provisions of the FFCRA (i.e., certain public sector employers and private sector employers with fewer than 500 employees) are required to post this notice.

Q. How do I know if I have the most up-to-date notice? Will there be updates to this notice in the future?

A, The most recent version of this notice was issued on March 25, 2020. Check the Wage and Hour Division’s website or sign up for Key News Alerts to ensure that you remain current with all notice requirements: www.dol.gov/agencies/whd.

Q. Our employees must report to our main office headquarters each morning and then go off to work at our different worksite locations. Do we have to post this notice at all of our different worksite locations?

A. The notice needs to be displayed in a conspicuous place where employees can see it. If they are able to see it at the main office, it is not necessary to display the notice at your different worksite locations.

Q. I am running out of wall space. Can I put the required notices in a binder that I put on the wall?

A. No, you cannot put federal notices in a binder. Generally, employers must display federal notices in a conspicuous place where they are easily visible to all employees—the intended audience.

Q. We have break rooms on each floor in our building. Do I have to post notices in each break room on each floor or can I just post them in the lunchroom?

A. If all of your employees regularly visit the lunchroom, then you can post all required notices there. If not, then you can post the notices in the break rooms on each floor or in another location where they can easily be seen by employees on each floor.

Q. Where do I post this notice? Since most of my workforce is teleworking, where do I electronically “post” this notice?

A. Each covered employer must post a notice of the Families First Coronavirus Response Act (FFCRA) requirements in a conspicuous place on its premises. An employer may satisfy this requirement by emailing or direct mailing this notice to employees, or posting this notice on an employee information internal or external website.

Q. Do I have to post this notice in other languages that my employees speak? Where can I get the notice in other languages?

A. You are not required to post this notice in multiple languages, but the Department of Labor (Department) is working to translate it into other languages.

Q. Do I have to share this notice with recently laid-off individuals?

A. No, the FFCRA requirements explained on this notice apply only to current employees.

Q. Do I have to share this notice with new job applicants?

A. No, the FFRCA requirements apply only to current employees. Employers are under no obligation to provide the notice of those requirements to prospective employees.

Q. Do I have to give notice of the FFCRA requirements to new hires?

A. Yes, if you hire a job applicant, you must convey this notice to them, either by email, direct mail, or by posting this notice on the premises or on an employee information internal or external website.

Q. If my state provides greater protections than the FFCRA, do I still have to post this notice?

A. Yes, all covered employers must post this notice regardless of whether their state requires greater protections. The employer must comply with both federal and state law.

Q. I am a small business owner. Do I have to post this notice?

A. Yes. All employers covered by the paid sick leave and expanded family and medical leave provisions of the FFCRA (i.e., certain public sector employers and private sector employers with fewer than 500 employees) are required to post this notice.

Q. How do I know if I have the most up-to-date notice? Will there be updates to this notice in the future?

A. The most recent version of this notice was issued on March 25, 2020. Check the Wage and Hour Division’s website or sign up for Key News Alerts to ensure that you remain current with all notice requirements: www.dol.gov/agencies/whd.

Q. Our employees must report to our main office headquarters each morning and then go off to work at our different worksite locations. Do we have to post this notice at all of our different worksite locations?

A. The notice needs to be displayed in a conspicuous place where employees can see it. If they are able to see it at the main office, it is not necessary to display the notice at your different worksite locations.

Q. I am running out of wall space. Can I put the required notices in a binder that I put on the wall?

A. No, you cannot put federal notices in a binder. Generally, employers must display federal notices in a conspicuous place where they are easily visible to all employees—the intended audience.

Q. We have break rooms on each floor in our building. Do I have to post notices in each break room on each floor or can I just post them in the lunchroom?

A. If all of your employees regularly visit the lunchroom, then you can post all required notices there. If not, then you can post the notices in the break rooms on each floor or in another location where they can easily be seen by employees on each floor.

https://www.dol.gov/agencies/whd/pandemic/ffcra-poster-questions

Summary of the Provisions of the Family First Coronavirus Response Act

Summary of the Provisions of the Family First Coronavirus Response Act

Memo issued by President Hart on the Family First Coronavirus Response Act. This memorandum summarizes the provisions of the Response Act that are most salient to labor unions and group health plans. Specifically, this memorandum will focus on the Response Act’s provisions concerning: (1) emergency paid sick leave; (2) emergency family and medical leave; (3) unemployment insurance benefits; (4) health care provisions as they relate to employer-provided health coverage; and (5) employer tax credits for emergency family and medical leave
and emergency paid sick leave.

MTD President Hart Urges Senate to Pass Families First Coronavirus Response Act (H.R. 6201)

In a letter to all Senators on March 16, MTD President James Hart urged them to act swiftly to pass the Families First Coronavirus Response Act (H.R. 6201).

Hart wrote, “While this package is not a complete response to the crisis, it is an urgent measure that will get necessary assistance to working people facing serious health and financial risks.”

H.R. 6201 will encourage working people to seek testing for infection by making the tests free for most people covered by employment-based insurance, Medicare, or Medicaid. We believe this is a crucial step to contain the spread of the virus.”

Read the text of the full letter here.

The Department urges you to contact your Senator today and tell them to pass HR 6201.

Save the Date

REGISTRATION IS NOW OPEN!