We have developed reinstatement agreements that can be tailored to employer needs. Employers can also offer accommodations including curbside service, phone or internet ordering, personal shoppers, wearing full clear face shield or helmets, providing special hours, and other business-specific strategies to provide equal access to anyone with disabilities that prevent mask use. However, if any of these individuals have contracts or employment agreements, you will want to make sure that you amend or update the agreements to reflect the correct level of pay. You should confirm whether state law imposes any specific requirements and should avoid the forfeiture of any pre-existing benefits prior to the layoff or furlough. There is a 10-step process for determining loan forgiveness. One common exception is when workers are rehired. The expectations were based on a rule that has shaped decades of monetary policy decisions: the Phillips curve, or the concept that inflation tends to rise when the unemployment rate falls, and vice versa. This should include an application, I-9 form (depending on the length of time the employee has been terminated) and the normal hiring paperwork. This is an evolving and largely untested area of law. You should provide your expats with information on where and how to get tested in their locations of assignment and where to seek medical assistance quickly should they or their families become infected. Unless required by a local or state order, taking temperatures is not required in most workplaces. Seek guidance from counsel about each particular area prior to reopening. âThe Phillips curve only arises at certain periods of time. Weâre all in this together. EFMLA and EPSL payments are taxable wages reported in Boxes 1, 3 and 5 of 2020 Form W-2. Health benefit waiting period exceptions for rehires are a bit more complex. The Borrower was unable to operate during the covered period at the same level of business activity as before February 15, 2020, due to compliance with requirements established or guidance issued between March 1, 2020 and December 31, 2020 by HHS, CDC, or OSHA, related to the maintenance of standards of sanitation, social distancing, or any other worker or customer safety requirements related to COVID-19. Yes, as long as the foreign national employee is not subject to any of the recent Presidential Proclamations. Further, you should be careful not to release information to someone until you have properly identified them. If you have laid off an employee (between February 15 and April 26, 2020), you can hire them back and not be penalized. UPDATED QUESTION AND ANSWER (June 18, 2020)If we collect and maintain information about employees’ temperature checks and/or COVID-19 diagnosis, will such collection or disclosure of this information trigger any HIPAA obligations? For example, you can allow an employee without a disability to work remotely to protect a family member of theirs who has a disability from potential COVID-19 exposure. It does not impact individuals entering in another status, such as B, E, TN, O, and P; individuals with valid visas as of June 22, 2020; lawful permanent residents and spouses or children of US citizens; or individuals whose entry is in the national interest as determined by the Departments of State or Homeland Security. IMF. If you require employees to wear face coverings, you should pay for them. You should be careful when doing so, however. 12 The combination of a low neutral interest rate, underlying trend inflation below 2 percent, and the low responsiveness of inflation to resource slack embodied in a flat Phillips curve reduces the amount we can cut rates to buffer the economy, weakens â¦ The alternative is to return the funds if you believe that payment of such wages are not necessary to support the ongoing operations of the company. âAnd you canât get away with not wearing one,â she â¦ The FP Post-Pandemic Strategy group, comprised of a cross-disciplinary group of Fisher Phillips workplace attorneys, has assembled the following comprehensive set of FAQs that will be continually updated throughout the recovery period. The safety agency provides the following guidance, which wouldn’t require the use of a mask or respirator in most situations. If economic activity rises, raising the interest rate limits the initial rise in economic activity and its upward pressure on inflation. Neither the SBA nor the Department of Labor have issued guidance on this issue, but based upon our best understanding of the spirit of the Paycheck Protection Program you should use the funds to pay your employees at least 75% of their normal rate of pay (even if they are not working). These programs typically involve sending flowers to a funeral home, sending food to the home of the affected family, and ensuring management attend funeral events. Most of the parameter values are set to align with those commonly used in research that is based on the model, but a few are simply set to illustrate the main point of this article in a clear way.5 Armed with the model equations and parameters, I assess the Phillips curve by using computer simulations of the model to generate artificial data on log-output and inflation.6 A final detail worth mentioning is that results about the output gap and output deviation are reported in percentage terms, while results about inflation are reported in annualized percentage rates. ignage posted at all points of entry and key locations to effectively share and remind employees of the new requirements, ommunications drafted and ready to go in the event of a positive COVID-19 case within the workplace. The traditional organizing seeds of insecurity, alienation and safety concerns have already been sewn, and awareness has been raised. Our local workforces in foreign countries want to continue to work from home even after those countries have lifted their lockdown orders. There are four main issues to evaluate or re-evaluate if your business will continue remote work practices: proper infrastructure, implementation, remote work plans and a comprehensive remote work policy. In comparison to a pure negative demand shock, therefore, an uncertainty shock gives rise to a flatter Phillips curve relation between unemployment and inflation. One important assumption of the model is that firms are slow to adjust prices, an assumption referred to as sticky prices. UPDATED QUESTION AND ANSWER (July 14, 2020)Can an employee refuse to work without a mask? No. There may be other circumstances that show an employee’s child’s enrollment or planned enrollment in a camp or program. UPDATED QUESTION AND ANSWER (July 14, 2020)Are face shields an acceptable alternative to masks? State and local taxation is a complex and fact-intensive inquiry based on the applicable laws in the states and localities where employers and employees are located. demic curve of infected individuals is flattened over a very long period of time â the Covid-19 pandemic is likely to cause a shortage of hospital beds, ICU beds, and ventilators. Yes, employers may require employees and customers to wear masks. UPDATED QUESTION & ANSWER (April 24, 2020)When returning employees to work, may we administer a COVID-19 test before permitting employees to enter the workplace? Intensifying cleaning, disinfection (e.g., small static groups, no large events); Canceling non-essential travel, and encouraging alternative commuting and telework; Spacing out seating (more than 6 feet) and staggering gathering times; Restricting use of any shared items and spaces; and. The model is simulated for a very large number of periods (1,000,000) so that the numerical results that are reported in this article do not depend in a significant way on the specific realization of the simulation run. OSHA is now taking the position that employers in all industries should determine whether employee COVID-19 illnesses are work-related and thus recordable. How do we handle benefit waiting periods for returning service members? An employee’s right to refuse to do a task is protected if all of the following conditions are met: In light of the CDC’s guidance recommending that people wear cloth face coverings in public settings (these coverings are not subject to OSHA’s respirator regulation), however, it is not recommended that you refuse an employee’s request to wear a mask at work. You can find OSHA’s Guidance on Preparing Workplaces for COVID-19 here and the CDC’s Interim Guidance for Businesses and Employers to Plan and Respond to Coronavirus Disease 2019 (COVID-19) here. However, while operations were closed, an employee requested pay for FFCRA leave. If you have laid off an employee (between February 15 and April 26, 2020), you can hire them back and not be penalized. UPDATED QUESTION & ANSWER (May 29, 2020)Can we use COVID-19 waivers to limit our liability with respect to employees or guests? The model—commonly referred to as the New Keynesian model—represents the behavior of households, firms, and monetary policy.3 Households choose work hours and consumption levels to maximize current and expected future utility. For country-specific information, please visit our Cross Border Employer Blog. I recall that after health care reform providing telehealth to these individuals could create issues. Without going into detail, if a plan utilizes a look-back measurement method, an employee’s previous full-time status will be “preserved” for health coverage purposes for some period of time – three months, six months, etc. What steps can we take to avoid such lawsuits? By participating in a work share program, you are able to retain trained employees and avoid the expense of recruiting, hiring, and training new employees when business picks up. President Trump has recently issued two proclamations suspending the entry of certain individuals due to the economic situation in the U.S. You may take this opportunity to do deeper reviews of your employee’s documents by completing new I-9s. I then consider one possible adjustment to the conduct of monetary policy following the flattening and I show that whether the adjustment is appropriate depends on what has caused the flattening. Some recall provisions simply require you to follow inverse seniority order. It is anticipated that many laid off workers will be rehired. The general point is that a similar flattening of the Phillips curve can be caused by very different types of changes, a change in the structure of the economy unrelated to policy or a change in the monetary policy rule. This includes assessing business operations, bringing employees back to work, and ensuring a safe workplace. We generally recommend keeping an exempt employee at their “new” salary level for a quarter or even longer. This protection extends for 180 days following periods of service of 31-180 days, or for a year following periods of service of 181 days or more. For example, if an seniority or job classification would have resulted in a layoff during the period of service, and that layoff continued after the date of reemployment, then “reemployment” would conceivably result in layoff status. September 3, 2020 ... are a material step for... GMV: COVID-19 and the Missing Inflation Puzzle. Either disposing of face shields or cleaning and decontaminating after each use is also the CDC’s guidance. For all employees, you should use Q1 2020 (January 1, 2020 -March 31, 2020) to determine each employee’s average wages. In Case 2, however, the adoption of the same monetary policy rule reduces household welfare. More specifically, the model implies that household welfare relates to measures of the volatilities of inflation and the output gap: As the standard deviations of either or both inflation and the output gap increase, household welfare decreases.10 Then, if a policy generates lower standard deviations of both inflation and the output gap, it improves household welfare and is, therefore, preferable. No, the 14-day isolation period cannot be cut short by a negative test for those with direct exposure. The first Proclamation issued on April 22, 2020 will have minimal impact on most employers. In your H.R. Going forward, DHS will continue to monitor the ongoing National Emergency and provide updated guidance as needed. On March 20, ICE announced it was halting many enforcement actions amid the crisis. The SBA has clarified that “a service for the distribution of transportation refers to transportation utility fees assessed by state and local governments.” These are the only “transportation” costs eligible for forgiveness. You may not take any adverse action against an employee because the E-Verify case is in an interim case status. However, an employee who has taken some, but fewer than 80 hours of EPSL and then changes employers is entitled to the remaining portion of such leave from their new employer, and only if the new employer is covered by the FFCRA. UPDATED QUESTION & ANSWER (July 7, 2020)We are concerned employees are increasing our company’s risk of workplace exposures because they are not following CDC recommendations while off-duty, away from the work site. In some instances, you may have difficulty enforcing a restrictive covenant against an employee who was terminated without cause. Your efforts to engage employees will prove beneficial during this time. Each state handles unemployment insurance differently; thus, you should discuss your specific state’s requirements with your employment and immigration attorneys. The Americans with Disabilities Act (ADA) requires that any mandatory medical test of employees be “job related and consistent with business necessity.” Applying this standard to the current circumstances of the COVID-19 pandemic, employers may take steps to determine if employees entering the workplace have COVID-19. Source: Author’s calculations. In addition, the IRS recently mandated in IRS Notice 2020-54 (issued July 8, 2020) that employers must, at the same time and in the same manner the W-2 is issued to an employee, disclose in Box 14 (an optional box on Form W-2) or in a separate statement the EFMLA and EPSL amounts received by the employee in the following manner: Notice 2020-54 provides model employee instructions that can be provided with the W-2 instructions or in a separate statement. Further, the tester could have a face shield in case someone sneezes or coughs. Again, this decision would be best made in consultation with counsel. Yes. The third and final equation of the model is the monetary policy rule. The main macroeconomic variables are output, inflation, and the interest rate. When a full-time employee’s hours are reduced indefinitely, how long should active group health coverage continue before COBRA is offered? What should we do if a lawsuit is filed against our company? Both Proclamations direct the DHS and the DOL to study of the impact of foreign workers on U.S. workers, and the results of the study could prompt future restrictions on these nonimmigrant programs. To better understand what is behind the flattening, let’s take a look at the relationship between the output deviation and the output gap. These three variables (ynt , rnt, and ỹt) cannot be observed in the real world, but they are useful in the model to pin down the dynamics of the three variables of interest (log-output, inflation, and the interest rate). As the methods and means for testing evolve, and to the extent you may eventually have the ability to perform antibody or other testing directly on employees, you should seek advice regarding whether information collected to perform the tests could bring them within the ambit of any applicable biometric information privacy laws. 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