With the school year underway, employers in the United States face a new challenge: childcare-related leave and accommodation requests by employees. With widespread remote learning and evolving legal obligations to provide paid leave to working parents, employers must navigate unique staffing challenges while complying with the Families First Coronavirus Response Act (FFCRA) and other state and local leave laws. In our recent webinar, we outlined some of the current leave requirements regarding childcare obligations and practical solutions to navigate these uncharted waters. View the slide deck here.
Employers must use reasonable diligence in tracking nonexempt telecommuters' work hours and may do this by providing a reporting procedure for unscheduled time, the US Department of Labor (DOL) stated in August 24 guidance. The workers then must be compensated for all reported work hours, even those not requested by the employer. In a recent article by the Society of Human Resource Management, McDermott partner Ellen Bronchetti explained that employers should have policies that prohibit working off the clock. "If an employer has an expectation that an employee was working from 8:00 am to 4:00 pm and the employee works later at night responding to emails, that could lead to wage and hour liability." Access the article.
Employers in Spain are contending with the ongoing effects of the coronavirus pandemic, which continues to raise health and safety concerns. A resurgence of COVID-19 cases in July prompted some parts of the country to re-implement restrictions that had been lifted earlier. "Spain was among the countries hit hardest by the coronavirus," said Brian Cousin, head of the employment practice group at McDermott Will & Emery, in a recent article by the Society for Human Resource Management (SHRM). Employers and HR professionals in Spain should monitor news about national and local restrictions and regulations, as well as new guidance issued by local health authorities, the Spanish Health Ministry and the World Health Organization, according to Cousin. "Local and regional requirements can change on a daily basis," he said. Access the article.
The coronavirus pandemic has shifted some employees to remote work permanently while others are telecommuting more frequently. Employers' wage and hour policies and enforcement should account for the rise in telework. "Ensure that employees understand that time spent checking e-mails is compensable," said Ellen Bronchetti, a partner at McDermott Will & Emery in San Francisco, in a recent article by the Society for Human Resource Management (SHRM). "Employers should conduct periodic audits to ensure employees are not checking e-mails off the clock." Consider requesting supervisors regularly certify that they did not call, text or e-mail a nonexempt employee outside workhours, Bronchetti said. Access the full article.
Lisa Schmitz Mazur discusses what states are doing to make telehealth more available, the changing Medicare reimbursement landscape and compliance considerations for providers implementing telehealth during this time. Access the full video here.
The Families First Coronavirus Response Act (Families First) is now law and becomes effective April 2, 2020. For employers with less than 500 employees, and in certain situations for employees affected by coronavirus, Families First requires that employers provide two weeks of paid sick leave in certain situations and provide subsidized leave under the Family and Medical Leave Act. Tax credits will help to subsidize these requirements for affected employers. An outline of the legislation is provided. Access the full article.