Friday, July 31, 2020

Coronavirus Update 7-31-2020: 41,214 reasons not to fire employees who request FFCRA leave


A San Jose, California, manufacturer has reached an agreement with the Department of Labor's Wage & Hour Division to pay 17 employees $41,214 for wrongly denying their requests for paid coronavirus sick leave under the Families First Coronavirus Response Act. Specifically (and much worse than that description sounds), the employer terminated each of the 17 employees after they requested paid leave under the FFCRA. 

According to the DOL, "The employer's action resulted in a violation of the FFCRA."

No kidding!

Thursday, July 30, 2020

Coronavirus Update 7-30-2020: Ohio needs to fix its unemployment system, π—»π—Όπ˜„


The State of Ohio has temporarily frozen its Pandemic Unemployment Assistance benefits, as the Ohio Department of Jobs & Family Services investigates what it believes are more than 275,000 fraudulent claims that have flooded the system.

The CARES Act created Pandemic Unemployment Assistance (PUA) for individuals who are self-employed, seeking part-time employment, or who otherwise would not qualify for regular unemployment benefits because of a coronavirus related reason. 

Wednesday, July 29, 2020

Coronavirus Update 7-29-2020: SAFE TO WORK Act would offer employers a significant shield from employee COVID-19 lawsuits


Earlier this week, Senate Republican introduced their $1 trillion COVID-19 economic stimulus package. Among other proposals the bill contains the SAFE TO WORK Act [pdf], which would provide employers a significant shield from liability for lawsuits related to coronavirus exposure by requiring gross negligence or willful misconduct that actually causes a personal injury before liability could attach. 

Employers would receive significant protections from employment-related COVID-19 lawsuits brought by employees. 

Tuesday, July 28, 2020

Coronavirus Update 7-28-2020: Do you know what to do when an employee tests positive?


Yesterday, the Miami Marlins announced that 14 members of its organization—12 players and two coaches—have tested positive for coronavirus. Most appallingly, however, is a report that the team decided via text message to play its scheduled Sunday game in Philadelphia despite the rash of positive tests. Ignoring the irresponsible selfishness of that decision, it also almost certainly violates Major League Baseball's 100-plus page COVID-19 operations manual, which instructs teams how to handle a positive test. I can guarantee that "tell no one; play your game anyway" is not the recommended best practice.

Other than, "Don't do what the Marlins did," what can we learn from this fiasco in how to handle a positive test among your workforce?

Monday, July 27, 2020

Coronavirus Update 7-27-2020: If your employee treats COVID-19 like a hoax


At the always fabulous Ask a Manager, Alison Green posts the following question:

One of my employees has been vocal about the coronavirus being a hoax. I had to have a talk with him during our last few days in the office at the end of March because he was openly criticizing and mocking coworkers for "being afraid of the flu" and practicing social distancing. While the rest of us isolated and worked at home, he went on two different vacations out of the state and did not isolate upon returning as required.

We're now phasing people back into the office, and he believes that all of the safety guidelines are violating his freedom. He still won't practice social distancing without being told, he will not wear a mask without being told, and he even planned another vacation when the company has asked us not to travel except in the case of emergencies. … 
I am at an absolute loss regarding how to get this employee to take these safety precautions seriously when he still sees the coronavirus as a political issue instead of a public health issue. I am very worried that he will bring the virus into the office and get others sick. Do you have any advice for handling this employee and protecting the rest of my staff?

Friday, July 24, 2020

Coronavirus Update 7-24-2020: New music Friday … live from the Rock Hall


In-person live music has been in short supply over the past four months. Like many, I’ve missed it very, very much. Last Sunday, however, I got to experience live music for an hour, on the plaza in front of the Rock & Roll Hall of Fame. 

School of Rock's Junior House Band (in which Norah has played for the past five years, and which will come to end for her after this summer as she ages out) played a stripped-down and socially distant acoustic set of some of their covers. School of Rock also opened the gig to members of the band who wanted the opportunity to play their original music. Needless to say, Norah jumped at the chance to debut not one, not two, but three of her original songs: "Boys Like You," "Tone Deaf Explanations," and "Pas de Pluie, Pas de Fleurs" (written and sung in French). 

If you're going to debut your original music, it might as well be at the Rock & Roll Hall of Fame. Enjoy! I know we did. 


Everyone have a healthy, safe, socially distant, and masked weekend.

Thursday, July 23, 2020

Coronavirus Update 7-23-2020: The FFCRA implications of schools reopening


With schools set to reopen over the next four to six weeks, your employees will be asking for time off from work if their children will be distancing learning for any part of the upcoming school year. The FFCRA provides for up to 80 hours of paid sick leave and 12 weeks of expanded FMLA Leave (the latter 10 of which are paid) for employees who are caring for their child(ren) whose school has been closed because of COVID-19 precautions.

The question of whether employees are entitled to take leave under the FFCRA for children who are distance learning this school year will depend on why they are distancing learning this year.