Everything related to COVID-19 is complicated and scary.
But when it comes to COVID-19 employment law resources, we've got your back. Our COVID-19-related policies, memoranda, letters, and forms will help your business get through this difficult time.
What can we offer your company?
Easy to Understand Answers to Difficult Questions:
- Families First Coronavirus Response Act (FFCRA) Policy, which we blogged about here; here and here.
- Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which we blogged about here.
Ready-To-Use HR Forms:
- FFCRA Certification Form (*NEW*): Our form is simple but complete "check-the-box" form that ensures you comply with the DOL's certification rule and ensures you are securing the required documentation, which we blogged about here.
- "Essential Business" / Authorized to Travel Memos: For our "essential business" employers, we have created for almost every state and city subject to a Stay Home Order a memo explaining why the business is "essential" and the safety precautions that have been implemented for every employee's well being. The form can also be presented to law enforcement or other officials should an employee be questioned about his/her being at or traveling to/from work.
- Temperature Check Policy & Procedure: With the CDC's new guidance and possible easing of some Stay at Home Orders, pre-screening and monitoring employees will be critical. We created an "Increased Precautions and Consent Form" stating the purpose and procedures for temperature checks and acknowledgment by the employee.
- COVID-19 Safety Precautions Memos: The firm's employment attorneys have drafted numerous memos for clients' particular needs pertaining to new policies and procedures and changes to existing policies and procedures due the pandemic and related executive orders, including memos addressing attendance, social distancing, personal protective equipment (PPE), and shift modifications.
- COVID-19 Positive Test Result Notice: HIPAA compliant noticeneed-to-know employees that a coworker has tested positive for the coronavirus and advising the employee to take precautionary measures.
- Illness-Related Absence(s) Letters: Recognizing the necessary concern when an employee is absent from work due to illness, we have several templates for various scenarios that consider COVID-19 precautions.
- Remote (Work-at-Home) Employee Policies & Procedures: With working from home being the new norm, employers and employees should be reminded that the same work rules and policies apply. More importantly, employers need to clearly advise their team members of the additional issues and expectations that relate to working from home. We have put together policies to help ensure employees understand and acknowledge expectations and obligations.
- Remote Employee Wage & Hour training materials: For those who are new to work-at-home employees, tracking work time, managing rest and meal breaks and ensuring hourly employees are paid correctly has gotten a bit more difficult. We have created materials that identify possible pitfalls and guidance to ensure FLSA compliance.
- Furlough Notice: Our template explains to your employee why the temporarily furlough is necessary, advantages of furlough v. layoff, and what benefits may be available.
- Layoff Notice: The memo explains the negative impact of the virus on the company and why temporary layoffs are difficult but needed. The memo also provides helpful info about benefits, COBRA and unemployment insurance.
- Employee Status Change Letter: A clear and detailed notice to an employee of a temporary salary/pay change and/or reclassification from exempt to nonexempt, including notice of possible unemployment insurance (UI) benefits.
- Pandemic Illness Policy: If your company has not instituted a Pandemic Illness Policy, it's not too late! Having such a policy sets a standard for a safe and healthy work environment and provides planned and structured way of continuing business operations in the event of a pandemic.
- WARN Act and mini-WARN Act Notices: Does WARN apply? With the unprecedented number of furloughs and layoff, employers must be aware of possible WARN and mini-WARN events. Please be aware that temporary layoffs or furloughs that continue for 6 months may initiate WARN requirements. Certain states, such as New York and Illinois, have "mini-WARN" laws that are even more restrictive than the federal WARN Act. An employer's reporting obligations under these acts can be burdensome. We have everything you need.
In addition to the specialized COVID-19 forms listed above, HR professionals must continue to comply with day-to-day employment matters, which are only more complicated by the current pandemic.
- Family and Medical Leave Act (FMLA): In addition to our FFCRA forms, we continue to offer DOL-compliant forms and templates.
- Americans with Disabilities Act (ADA): We also have DOL-compliant guidelines and forms pertaining to ADA issues, including the interactive process/cooperative dialogue requirements, accommodations, request and physician recommendations forms.
Other Helpful Links:
https://www.dol.gov/coronavirus - Coronavirus Resources
Occupational Safety and Health Administration (OSHA):www.osha.gov
COVID-19 Webpage - Provides infection prevention information specifically for employers and workers.
Answers from Across the U.S. Government:
We are continuously updating our COVID-19 materials as information becomes available. You may request access to our COVID-19 Information Datacenter by clicking here.
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