The U.S. Department of Labor's Wage and Hour Division (WHD) announced more guidance to rovide information to workers and employers about how each will be able to take advantage of the protections and relief offered by the Families First Coronavirus Response Act (FFCRA) when it takes effect on April 1, 2020.
The new guidance includes questions and answers addressing critical issues such as what documents employees can be required to submit to their employers to use paid sick leave or expanded family and medical leave; whether workers can take paid sick leave intermittently while teleworking and whether workers whose employers closed before the effective date of the FFCRA can still get paid sick leave.
This guidance adds to a growing list of compliance assistance materials published by WHD, including a Fact Sheet for Employees, a Fact Sheet for Employers, and an earlier Questions and Answers document. Available available are two new posters, one for federal workers and one for all other employees, that will fulfill notice requirements for employers obligated to inform employees about their rights under this new law, Questions and Answers about posting requirements and a Field Assistance Bulletin describing WHD's 30-day non-enforcement policy.
"The Wage and Hour Division is delivering necessary information so that American workers and employers can receive this much needed relief," said Wage and Hour Division Administrator Cheryl Stanton. "We are working to ensure that workers and employers have the tools they need to maximize the benefits they are entitled to when this law goes into effect on April 1, 2020."
FFCRA, signed by President Trump, offers American businesses with fewer than 500 employees tax credits as reimbursement for providing employees with paid leave, either for the employee's own health needs or to care for family members. The legislation will enable employers to keep their workers on their payrolls, while at the same time ensuring that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus.
WHD provides additional information on common issues employers and employees face when responding to COVID-19 and its effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act at https://www.dol.gov/agencies/whd/pandemic.
For more information about the laws enforced by the WHD, call 866-4US-WAGE, or visit https://www.dol.gov/agencies/whd.
For further information about COVID-19, please visit the U.S. Department of Health and Human Services' Centers for Disease Control and Prevention.
WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping and child labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the FMLA, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.
WHD's mission is to promote and achieve compliance with labor standards to protect and enhance the welfare of the nation's workforce. WHD enforces Federal minimum wage, overtime pay, recordkeeping and child labor requirements of the FLSA. WHD also enforces the Migrant and Seasonal Agricultural Worker Protection Act, the Employee Polygraph Protection Act, the FMLA, wage garnishment provisions of the Consumer Credit Protection Act, and a number of employment standards and worker protections as provided in several immigration related statutes. Additionally, WHD administers and enforces the prevailing wage requirements of the Davis Bacon Act and the Service Contract Act and other statutes applicable to federal contracts for construction and for the provision of goods and services.
As a follow up, we just wanted to flag that the Department of Labor (DOL) has just issued its first set of summaries and guidance on the Families First Coronavirus Response Act which the agency has been tasked with implementing -
Even with these initial publications, there are still a number of unanswered questions that will need to be resolved before the law goes into effect on April 2 and we expect to see further guidance and interim rules from the DOL in the coming days and weeks.
With everything developing at lightning speed (by DC standards), we are making every effort to keep our members up to date on developments that will impact small business.
To this end, we wanted to flag that the Department of Labor (DOL) has published the model notice that employers will be required to post to advise employees of their rights under the Families First Coronavirus Response Act (FFCRA).
The poster can be found at - https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-Federal.pdf
In particular, please note that the DOL has determined that the effective date for the FFCRA will be April 1, 2020. The text of the FFCRA states that the act takes effect "not later than 15 days after the date of enactment." Thus, the widespread understanding was that the FFCRA would go into effect on April 2 (the 15th day after enactment). You may recall that we too were anticipating an April 2 effective date in our materials and webinar. The DOL has made it clear that this is not the case and that the law will be effective April 1.
FMCSA grants, until June 30, 2020, a waiver from certain regulations applicable to interstate and intrastate commercial driver's license (CDL) and commercial learner's permit (CLP) holders and to other interstate drivers operating commercial motor vehicles (CMVs). The Agency has initiated this action in response to the President's declaration of a national emergency under 42 U.S.C. § 5191(b) related to Coronavirus Disease 2019 (COVID-19).
Click here for the full announcement.
At 1:00 AM on March 25, the Senate reached bipartisan agreement on a major stimulus bill pumping nearly $2 trillion into the economy.
Senate Majority Leader McConnell praised the outcome and told the nation last week, "We're going to pass this legislation later today." And did.
Minority Leader Schumer praised the agreement and called on Americans to take heart, help is coming.
Treasury and White House negotiators concurred in the agreement and informed the President.
Earlier, House Speaker Nancy Pelosi said if the Senate reached bipartisan agreement, she'd support the bill and seek to pass it by unanimous consent without calling the House back to Washington.
In Notice 2020-18 (PDF), the Treasury and IRS extended the time from April 15th to July 15th for filing Federal income tax returns and paying the income tax due in order to provide relief for companies and individuals from economic loss caused by the COVID-19 crisis.
Last week, IRS issued answers to frequently asked questions related to this Notice. IRS plans on updating these FAQs periodically (control-click on the link below). This was done to quickly answer all the questions being asked from the change in income tax filing deadlines. It is anticipated that more formal guidance will be issued on this Notice.
Note that the deadline for making contributions to IRAs for 2019 is extended to July 15, 2020 (Q & A 17).
https://www.irs.gov/newsroom/filing-and-payment-deadlines-questions-and-answers
As many state, local and municipal governments issue directives for assistance in preventing or slowing the spread of COVID-19, properly defining "essential services" is critical. Essential services are those services that are necessary in order to ensure public welfare; as well as the continued provision of critical resources to address emergencies and to protect human health.
The motor vehicle maintenance, repair and service industry is clearly an "essential service". Despite the importance of social distancing, the public continues to need the ability to obtain basic human needs such as food and medical care. Ensuring that their vehicles are able to operate such that citizens reach grocery stores and medical facilities is clearly an essential service. Further, the retail and wholesale facilities that provide the parts and services necessary to repair and maintain those vehicles must also be considered essential or these essential repair services will become obsolete.
Police, fire, EMT, telecommunications, shut-in care-givers, public transportation, delivery services (including food, medicine and fuel service distribution), all provide vital access to essential goods and services. All of these functions depend on the continued safe functioning of automotive vehicles of all classes.
Providers of motor vehicle parts and goods perform essential services including but not limited to:
The vehicle parts and services industry is committed to serving our citizens, enabling the continued provision of other essential services in these trying and uncertain times.