As employees are just beginning to return to work, or employers are making plans to reopen pursuant to California’s “Blueprint for a Safer Economy,” it is a good time to review the various paid sick leave laws that were implemented during the COVID-19 epidemic, as well as the paid sick leave laws that were already
On April 1, 2020, the Department of Labor issued its Final Rule implementing the Families First Coronavirus Response Act (FFCRA), pursuant to the authority it was granted under the law to issue regulations the implement the statute. The State of New York filed a lawsuit (State of New York v. United States Department of Labor,…
This week’s Friday’s Five is reexamining the Families First Coronavirus Response Act (FFCRA) and four new issues addressed by the DOL on July 20, 2020. Plus, (because I needed an additional point to make this five points), I reexamine the DOL’s definition of “individual” as used in qualifying reason number three for EPSLA. Many employers…
It’s a daunting task to keep current with the constantly evolving, and sometimes conflicting, health agency guidance on workplace safety amid COVID-19. A good example is the CDC guidance on what to do when workers come in close contact with an individual who has a confirmed or suspected case of the virus. Initially, the CDC…
On April 16, 2020, Governor Gavin Newsom issued Executive Order N-51-20, which provides new paid sick leave to certain food service workers. Citing a need to fill a “gap” left by the federal Families First Coronavirus Response Act, which applies solely to employers with fewer than 500 employees, this new Executive Order provides up to 80 hours of “COVID-19 Supplemental Paid Sick Leave” to defined food sector workers.
(Zaller Law Group is hosting a free webinar on Friday, April 24, 2020, to discuss this new Executive Order and answer your questions. Join us for Understanding California’s New Paid Sick Leave Requirements For Food Sector Employees.)
Here is what you need to know.
What employers are covered?
Executive Order N-51-20 applies to employers with 500 or more employees in the United States, including full-time and part-time workers but not including independent contractors. Employees on leave of any kind are counted, but employees furloughed or laid off are not counted unless and until they are reemployed.
The Executive Order expressly applies to any “Delivery Network Company” (companies that use a website or mobile app to enable local delivery of products/food from third-party merchants; think Postmates or GrubHub) and any “Transportation Network Company” (companies that provide transportation services using online apps/platforms that connect passengers with drivers using a personal vehicle; think Uber or Lyft) that employs 500 or more employees.
As with the FFCRA and FMLA, common employees of joint or integrated employers must be counted together.
There is one exception: if, as of April 16, 2020, the employer already provides a “supplemental benefit” such as paid leave that provides the same or greater benefit provided by this Executive Order, then the employer does not have to provide the COVID-19 Supplemental Paid Sick Leave.
What employees are entitled to Supplemental Paid Sick Leave?
The Executive Order applies to “Food Sector Workers,” which it defines as any person who satisfies one of the following criteria:
By Rick Reyes
On Wednesday, April 1, 2020, the Department of Labor (DOL) issued a temporary rule addressing and clarifying multiple issues with respect to the Families First Coronavirus Response Act (FFCRA), including the Emergency Paid Sick Leave Act (EPSLA) and the Emergency Family and Medical Leave Expansion Act (FMLA Expansion). The 124-page temporary…
On April 1, 2020, the DOL issued a temporary rule issuing regulations on the Families First Coronavirus Response Act (FFCRA). The rules largely follow the previously published FAQ by the DOL, but the rules did set forth some additional clarifications on the documents required by employees asking for leave and the documentation that employers need…
The Department of Labor added additional answers on March 28, 2020 to its website containing Frequently Asked Questions pertaining to the Families First Coronavirus Response Act (FFCRA). The DOL set forth answers regarding who qualifies as a “health care provider” and an “emergency responder” under the FFCRA:
- Who is a “health care provider” for
By Rick Reyes
It is no easy task for employers to navigate and comply with the new federal requirements set forth in the Families First Coronavirus Response Act (FFCRA). …
The Department of Labor published the required posters employers will need to provide to employees under the Families First Coronavirus Response Act:
- Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)
- Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under