04.13.20

COVID-19 UPDATE: 4/10/20

COVID-19

Today, Fresno City Manager, Wilma Quan, issued a new Emergency Order 2020-13, which supersedes the prior Emergency Order of March 18, 2020. The new Order is effective Saturday, April 11, 2020 (Friday, just after midnight) and will remain in effect through 11:59 p.m. on Wednesday, May 6, 2020.
 
The intent of this Order is to ensure the maximum number of people self-isolate at home to slow the spread of COVID-19, and preempt critical strain on healthcare services.
 
Significant business changes include:

  • Essential Businesses are directed to maximize the number of employees who telework. (2.3)
  • “Businesses that include an Essential Business component at their facilities alongside non-essential components must, to the extent feasible, scale down their operations to the Essential Business component only; provided, however, that mixed retail and wholesale businesses that are otherwise under this order may continue to stock and sell non-essential products.” (2.4, emphasis added)
  • Essential businesses must post their Social Distancing Protocol (Appendix A) as a notice by Wednesday night. The posting size must be at minimum 11×17 inches. Businesses may be asked to provide proof of implementation. (2.5)
  • Specifically, Essential Businesses must (as applicable):
    • Limit the number of people in the facility (2.5.1)
    • Mark 6-foot increments where there are lines (2.5.2)
    • Provide hand sanitizer, soap/water, etc. near the entrance and at other locations (2.5.3)
    • Provide contactless payment systems or disinfect after each use (2.5.4, emphasis added)
    • Disinfect high-touch surfaces regularly (2.5.5)
    • Screen employees and visitors as directed by Fresno County (2.5.6)
    • Require employees to wear protective facial coverings (2.5.7)
  • A more detailed list of essential and non-essential businesses is posted on the City of Fresno’s website at www.fresno.gov)

The timing of this order also coincides with restricting multi-household gatherings this Easter weekend. As per Section 2.6: “All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes as expressly permitted herein. Nothing in this Order prohibits members of a household or living unit from engaging in Essential Activities together.”

The penalties for non-compliance with this Emergency Order may result in business closure.  As per Section 2.8.23: “For repeated or egregious violations of the required closure, limitations, or social distancing requirements at a business location or facility, a police officer, with the approval of the Police Chief, or designee, or a code enforcement officer, with the approval of the City Attorney, or designee, may summarily order a business to terminate operations and close until further notice, or for the duration of the emergency.”


04.07.20

Recognizing Our Community Heroes

COVID-19

hero could be defined as a person or organization that goes beyond what is normally expected of them in order to make a difference in others’ lives. The healthcare workers and first responders throughout our country are certainly heroes in the fight against COVID-19. No doubt you have heard stories or seen social media posts about other everyday people who are doing what they can to help those in need. 

At Sierra HR Partners, we want to recognize and appreciate our clients who have adapted their systems, started new programs, and found other creative ways to support our community in this challenging time. For example, Snowflake Designs, a Clovis-based manufacturer of gymnastics leotards and apparel, has shifted to sewing masks for healthcare professionals. Vino Grille & Spirits, a Fresno restaurant, is offering grocery shopping services to local residents who are not able to get to stores themselves. These examples of ingenuity and human-kindness make us even more proud to support these companies throughout the year.

If your business has shifted gears in response to Coronavirus concerns, we want to publicly recognize and appreciate YOU! 
Please send us an e-mail letting us know how you’re being a hero to our community, or have adapted your services to weather this difficult time.  We would welcome the opportunity to feature your story in upcoming newsletters.
THANK YOU so much for all you are doing. We know that your efforts are keeping your workers employed, providing vital services, and saving lives.   

UPCOMING WEBINAR

Thursday, April 9, 2020
9:00 a.m. – 10:00 a.m. 
$25 / a person, 3 or more attendees for / $20 per person
Register Via E-Mail | Pre-Pay and Register Online 

The COVID-19 pandemic and the government measures enacted to curb it’s spread have caused us to consider the ways we’ve always worked. Join us for a discussion of important factors to consider as we continue to work, on-site and virtually.

This interactive webinar will teach participants about:

  • Adopting safety measures to protect employees and keep the workplace safe
  • Navigating virtual work/telecommuting
  • Complying with reimbursement requirements

Note: Group discount is not available through EventBrite. Please e-mail Kayla for group discount. 
An RSVP is a commitment to pay. All registered attendees will be billed, regardless of failure to log-on. No refunds or cancellations. Substitutions will be accepted.
Webinar log-on information and handout will be provided via e-mail 24 hours prior to the event. 


03.31.20

COVID-19 Update: 03/31/20

COVID-19

Late last week, the County of Fresno Department of Public Health released an Order requiring all employers to conduct a daily screening of their employees for febrile respiratory illness. This order requires employers to “exclude from work all employees that report symptoms of febrile respiratory illness for seven days from the day that they are identified as having symptoms.” It also requires employers to direct employees excluded from work to isolate at home and notify close contacts to quarantine themselves.

To assist in complying with this order, the Fresno County Department of Public Health also provided a screening checklist. There are separate checklists for non-medical employers and medical employers. Both of these checklists direct employers to screen both employees and visitors, and to conduct this screening at the beginning and end of the day. We recommend that you include a signature line at the bottom of the checklist for the employee’s name, signature, date, and time it was filled out. 

You might consider providing the Fresno County Department of Public Health order to employees along with instructions for completing this screening. Additionally, the CDC has provided posters that employers can use, including posters that highlight the symptoms of febrile respiratory illness and that direct visitors with symptoms to contact an office manager.

To view additional releases on COVID 19, please visit our website.


03.25.20

COVID-19 Update: 03/25/20

COVID-19

Late last night, the DOL released questions and answers about the Families First Coronavirus Response Act. In this release they instructed that the provisions would be effective onApril 1, 2020. (The law allowed for the provisions to go into effect within 15 days, but the effective date is no longer April 2.)

The DOL has also released notices that all employers are required to post in the same way they post other labor law notices. They have linked these posters, and other fact sheets, here. In addition to frequently asked questions about posters, they’ve provided posters for federal employers and all other employers.

There is also a recognition that these paid benefit entitlements may cause significant burdens for some employers. Last Friday, the IRS posted a news release where they promised to take efforts to “ease compliance.” If tax credits “are not sufficient to cover the cost of paid leave, employers can seek an expedited advance from the IRS by submitting a streamlined claim form that will be released next week.” We expect that information to be released this week. 


03.24.20

COVID-19 UPDATE: 03/24/20

COVID-19

Sierra HR Partners is prepared to continue our support for your business throughout the COVID-19 crisis.

What federal benefits are employees now entitled to?
The Families First Coronavirus Response Act impacts employers in primarily three ways.

First, all employees will be eligible for two weeks of Emergency Paid Sick Leave (or E-PSL). This can be taken if an employee is unable to work due to a need for leave because:

1] The employee is subject to a quarantine or isolation order related to COVID-19;

2] A health care provider advised the employee to self-quarantine due to concerns about COVID-19;

3] The employee is experiencing COVID-19 symptoms and seeks a medical diagnosis;

4] The employee is caring for an individual who is subject to an order described in subsection 1;

5] The employee is caring for his/her son or daughter if school or the place of care has been closed, or the child care provider is unavailable due to COVID-19 precautions; or

6] The employee is experiencing substantially similar conditions specified by the Secretary of Health and Human Services.

Even if you already provide generous sick leave benefits to employees, this federal entitlement is in addition to whatever you already provide.  There are daily and total caps on pay for EPSL under the reasons outlined above.

The documentation required for EPSL depends on the reasons that employees take EPSL.  We would expect documentation for the first two reasons and for an employee to return under reason 3.  They would need to provide it for the person they care for under reason 4.

Second, all employees (employed at least 30 calendar days) will be eligible for expanded FMLA leave.  This can be taken if the employee is unable to work due to the need to care for a son or daughter under 18 years of age if the child’s school or place of care has been closed, or the child care provider is unavailable due to a “public health emergency” (meaning related to COVID-19).  While the first two weeks are unpaid – though an employee may apply paid sick leave, including EPSL – the next 10 weeks are paid at, by the employer, at least two-thirds an employee’s regular rate of pay.  

Employers of fewer than 50 may apply for an exception from the Secretary of Labor, though this process has not yet been outlined. As with EPSL, there are daily and total caps on pay for expanded FMLA leave.

These benefits go into effect April 2, 2020. The required poster will be available within seven days of the enactment of the law.

Third, these federal benefits qualify employers for tax credits of 100% of what is paid in the form of EPSL or expanded FMLA payments. Contact your tax professionals for more information.

We are a business that must stay open. Do we need to minimize on-site employees? Do we need to take preventive action for high-risk employees?

Multiple emergency orders have been issued by local municipalities and by the governor. For example:

Carefully consider these orders to determine whether you can continue to operate. The governor’s order requires all residents to shelter-in-place except those who work in 16 critical infrastructure sectors as identified by the federal government. Businesses throughout the state must determine if they are covered by a local order and the governor’s order.

If your business can operate in light of local and the state Emergency Orders, you then should consider which of your employees are critical to the operations. Minimizing employees coming to work minimizes the risk of transmission of COVID-19. Fewer employees allow you to participate in the social distancing measures that are so vital to limiting the spread of the infection.  Even if this is not possible, you still have a responsibility to “maintain a safe and healthful workplace,” and that will likely involve different workplace measures to limit potential viral spread, including canceling or postponing employee meetings, encouraging hand-washing and other safe behaviors, and modifying how employees interact.

Taking preventive action with high-risk populations could be considered discriminatory, and we do not recommend treating them differently than other employee groups (e.g., sending them home or laying them off).  Still, employers can, and should, send people home if they appear to be ill, and especially if they exhibit COVID-19 symptoms.  

We are an Essential Business, so we must stay open. Some employees are fearful of continuing to work, and in many cases cannot work remotely.

If an employee does not want to work, and if your business has seen a decline that will necessitate reduction in staffing hours, perhaps there is an opportunity for a win-win arrangement that benefits both the anxious employee and the business.

If that is not possible, employers are not required to provide remote work or limited work schedules.  When the new federal legislation goes into effect on April 2, employers will have less flexibility in working with employees; employees will be entitled to two weeks of paid sick leave that covers a wide range of COVID-19-related issues, and potentially another 12 weeks if they are impacted by school closures.  Before then, we can approach this largely as we might at any other time off.   Does the employee have company benefits (like sick leave or vacation) that apply?  Is there a federal leave entitlement (like FMLA) for which the employee qualifies?  And is there a disability for which the company must provide a reasonable accommodation?  If not, then you may require the employee to be at work, regardless of their personal anxiety.  

Does Governor Newsom’s State Order supersede the Fresno emergency order?

Both the state order and municipal order are still in effect; however, where the State order is more restrictive we must comply with the State order. 

Both orders define “essential” services, though essential services may still experience reduced demand and essential employees are still subject to reduction in hours or layoff.

Should I furlough employees or lay off employees?

We’ve seen petitions from politicians, including Valley politicians, to take advantage of the Families First Coronavirus Response Act provisions and provide sick leave and FMLA benefits to employees, rather than laying them off, and then collect the 100% tax credits allowed under the legislation.  This may be a reasonable measure for many organizations.  Other organizations are facing significantly reduced revenues, and it will be difficult to provide these paid benefits even when you anticipate future tax credits.  Tax credits may or may not provide a feasible solution for your business.

It may be prudent to make any employment decisions before April 2.  ‘Furloughed’ employees and employees with reduced schedules who have not been laid off will qualify for the emergency paid sick leave and expanded FMLA benefits on April 2.  Employees who are laid off before then may apply for unemployment insurance benefits.

What if an employee has reduced hours but is not laid off?

Employees may still file for unemployment benefits. Partial unemployment benefits are available for those who have reduced hours, and they can file for unemployment and not be required to look for work.  The EDD is recommending that workers file for unemployment benefits online.

Employees in this circumstance would be eligible for emergency paid sick leave and expanded FMLA benefits.

What will happen to employee group health insurance benefits if they are laid off or have reduced hours?
If an employee is laid off, he/she would become eligible to continue benefits through COBRA.  If they chose not to elect COBRA coverage, their coverage would end (typically at the end of the month, depending on the terms of your plan). 

If an employee works reduced hours, (s)he may become ineligible for your company-sponsored plan.  We recommend that you call your benefits provider about eligibility criteria, and whether benefits providers are making accommodations during the pandemic. Employers may also elect to provide employees with assistance in paying health coverage under COBRA for a limited time. This could be a good opportunity to obtain a waiver or release of claims in return for payment of COBRA premiums.