COVID-19 and Reporting to Work Restrictions

Michigan Law Alerts - December 2020 On December 29, 2020, Michigan Governor Gretchen Whitmer signed legislation (SB 1258) prohibiting an employee who tests positive for COVID-19 from reporting to work until they are advised by a health care provider or public health professional that they have completed their isolation period or met all the following … Continue reading COVID-19 and Reporting to Work Restrictions

Can I require an Employee to get vaccinated?

With COVID-19 vaccinations underway and widespread availability in sight, many employers want to know whether they can require their employees to get the vaccine. While recent EEOC guidance implies that they expect many employers to require a vaccine, there are already several states where bills are being introduced to prevent employment discrimination against those who … Continue reading Can I require an Employee to get vaccinated?

Compliance Requirements for a Remote Workforce

According to Gallup, the number of days employees are working remotely has doubled during the pandemic. Some companies are even considering making a remote work arrangement permanent. While there are no laws that exclusively apply to remote workplaces, remote work does come with additional compliance risks. Below is our general guidance for employers. Logging Hours and … Continue reading Compliance Requirements for a Remote Workforce

COVID-19: April 1 Effective Date for FFCRA Leaves

I am re-posting because I have talked to so many businesses that are not in compliance – no poster, no policy. All businesses with 500 or less employees must comply until it expires on December 31, 2020 #COVIDleaves

Emery Business Solutions

On Tuesday, March 24, the Department of Labor (DOL) announced that the effective date of the leaves available through the Families First Coronavirus Response Act (FFCRA) will be April 1, 2020.

Based on the language in the bill, the effective date was widely believed to be April 2.

The DOL announced the effective date in a “Questions and Answers” document where it also provided answers to some common questions. Other than the April 1 effective date, the information is in line with what we have been advising. The DOL also released two Fact Sheets, both of which appear to contain the same information, but it’s possible they will each be updated in the future with information that is geared more toward employees or employers.

While the links above do not provide much new information, they are worth reviewing.

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Dependent Care Spending Accounts

Autumn has arrived. It’s the time of year when working parents have questions about Dependent Care Spending Accounts (DCSAs). How do they manage their 2020 account to avoid forfeiting funds at year-end? And how should they make open enrollment choices for 2021 when it’s hard to predict their childcare needs during the pandemic? Employers and … Continue reading Dependent Care Spending Accounts

Key Definitions to Help You Understand the ADA

If you hadn’t engaged with the Americans with Disabilities Act (ADA) before the pandemic, you probably have by now. The ADA comes up a lot these days, both with respect to confidentiality of medical information (like employee temperatures) as well as with reasonable accommodation for those who are at high risk for a serious case … Continue reading Key Definitions to Help You Understand the ADA

FFCRA: New Rule and Guidance from the DOL and IRS

New FFCRA Guidance in Temporary Rule and FAQs The DOL has released rules related to administration of leaves under the Families First Coronavirus Response Act (FFCRA) and answered more common questions on their Questions and Answers page. Below are some key highlights to keep in mind when administering these leaves. We also recommend reading our … Continue reading FFCRA: New Rule and Guidance from the DOL and IRS

Michigan COVID-19 Law Update

Michigan has made several significant employment-related changes in response to the COVID-19 pandemic. Protected COVID-19 Leave First, employers in Michigan are prohibited from discharging, disciplining, or otherwise retaliating against an employee for taking time off work for any of the following reasons: The employee tested positive for COVID-19; They have a fever, atypical cough, or … Continue reading Michigan COVID-19 Law Update