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  • April 16, 2020 9:50 AM | Bill Brewer (Administrator)
    Microsoft Expands Azure PostgreSQL Moxy Through Citus Data ...

    BY ARIANNE COHEN | 04-10-20

    After a month of watching employees juggle 30 hours a day worth of work, childcare, homeschooling, and housework, Microsoft said that it will extend three months’ paid parental leave to all full-time employees. The policy follows the announcement earlier this week that Washington State schools will be closed for the rest of the school year (the state superintendent mused that school closures may continue into fall).

    Full-time employees of Microsoft can now choose how and when to take the leave, whether in long chunks or a few days each week. Business Insider first reported the policy in a leaked memo, which was also confirmed by CNN.

    Many tech companies have long offered friendly maternity and paternity leave policies, some 16 weeks or more, though male employees tend to underutilize them—which in practice further disadvantages women. (The public explanation for this is that men fear stigma and career harm. Women in tech mutter the more obvious explanation, that work life is much more pleasant than home life with small children.) Similar parent-leave dynamics are commonplace in academia, where fathers often use paternity leave to work on research papers.

    Perhaps the all-hands-needed urgency of the pandemic will nudge these policies into more equitable use, and other companies will follow suit.

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    Source: Fast Company

    https://www.fastcompany.com/90489239/microsoft-is-giving-parents-12-weeks-paid-parental-leave

  • April 09, 2020 9:49 AM | Bill Brewer (Administrator)

    ImageBY WORLDATWORK STAFF

    WORKSPAN DAILY | APRIL 6, 2020

    The COVID-19 pandemic has brought a grim reality for the economy and the workforce at large. However, in the face of these tumultuous times, many employers are committed to protecting the jobs of their employees. They’re demonstrating leadership and stepping up with bold people-over-profit decisions to keep the world at work.

    The following compilation shines a light on what organizations of all sizes in all industries are doing right now to maintain and maximize productive, committed and inspired workforces.

    #KeepTheWorldatWork


    Morgan Stanley CEO Promises No Layoffs This Year
    Morgan Stanley CEO James Gorman said in an internal memo that there will not be a reduction in force at the company in 2020. Gorman said the decision was made with 100% support of the company’s operating committee.

    Citigroup CEO Assures Job Security
    Banking giant Citigroup’s CEO Mike Corbat informed his more than 200,000 workers that the company will temporarily suspend any layoffs amid the COVID-19 crisis.

    Bank of America CEO Committed to No Layoffs
    In an interview on CNBC with Jim Cramer, Bank of America CEO Brian Moynihan said the bank is committed to no layoffs in 2020. The company hired 2,000 people in March and raised the minimum wage to $20 an hour in the first quarter of 2020. 

    Goldman Sachs and Others Vow ‘No Layoffs’
    Goldman Sachs, Wells Fargo, Deutsche Bank and HSBC CEOs have all vowed that they will be postponing decisions about staff cuts as the coronavirus outbreak hits their businesses hard.

    Visa CEO said No Job Swiping in 2020
    Visa chairman and CEO Alfred F. Kelly Jr. informed his 20,000 employees that there won’t be any layoffs in 2020 related to the COVID-19 crisis.

    FedEx CEO Doesn’t Foresee COVID-19 Layoffs
    FedEx chairman and CEO Frederick W. Smith said during an interview on “Face The Nation” that his company is not projecting any layoffs as a result of the coronavirus pandemic.

    Gravity Employees Take Voluntary Pay Cuts to Keep Business Afloat
    Gravity Payments CEO Dan Price made headlines five years ago when he released his plan to raise the minimum wage at his company to $70,000 per year. Now, as his business is taking a hit during the pandemic, his employees have decided to sacrifice to stem its losses. Price, determined not to lay off any of his employees, approached them for ideas. The employees volunteered to take pay cuts, each one choosing how much they could sacrifice individually, with a dozen opting to take no pay at all.

    Walkers Shortbread Staff to Receive Full Pay During Closure
    Baking organization Walkers Shortbread Limited has closed all production operations with immediate effect but will still continue to pay its staff in full throughout the duration of the closure. All employees will receive 100% of their pay with staff working from home if they are in a position to do so.

    Easyjet to Pay Staff 80% of Wages After Suspending all Flights
    British airline Easyjet will pay all of its employees, who are unable to work from home, 80% of their average pay through the government’s job retention scheme. The agreement between the two parties means that for a period of two months, employees who are unable to work from home will be paid 80% of their monthly salary.

    Cuban Reimbursing Employees Who Patronize Small Businesses
    Mark Cuban Companies announced that they will reimburse any of their employees (including those who work for the Dallas Mavericks) for all lunch and coffee purchases from local, independent small businesses.

    Texas Roadhouse CEO Foregoing Salary and Bonus
    W. Kent Taylor, CEO of restaurant chain Texas Roadhouse, is foregoing his salary and bonus from March 18 through Jan. 7, 2021 and the money will be used to pay front-line workers, MarketWatch reports. The chain said it is also suspending its dividend as it moves to conserve cash during the coronavirus pandemic.

    Hotel Giant CEO Foregoing Salary
    Marriott CEO Arne Sorenson announced that he will not be taking a salary for the remainder of 2020 to help stem the financial cost of the coronavirus pandemic, reports Yahoo Finance. Sorenson added that Marriott’s executive team will also be taking a 50% pay cut for the rest of 2020.

    Airline Executives Attempting to Soften the Blow
    Delta, Alaska Air, United, Southwest, JetBlue, Allegiant, Spirit, IndiGo’s and British Airways CEOs have all announced they’re taking some variation of a pay cut to assist workers amid the devastating losses from the COVID-19 pandemic, according to Yahoo Finance. Among the most drastic:

    • Delta CEO Ed Bastian and the board of directors will forego their compensation over the next six months
    • Alaska Air CEO Brad Tilden is cutting his base salary to zero.
    • United CEO Oscar Munoz and President Scott Kirby will forego their base salary through June
    • Allegiant CEO Maurice Gallagher and President John Redmond are taking a full pay cut. 

    GE CEO Giving up Salary
    General Electric Chairman and CEO H. Lawrence Culp Jr. will give up his full salary for the remainder of 2020 and the vice chairman of GE and president and CEO of GE Aviation, David Joyce, will up half of his salary starting April 1.

    Talent Agency Doing Its Part
    Beverly Hills-based United Talent Agency CEO Jeremy Zimmer and co-presidents Jay Sures and David Kramer will give up their salaries for the rest of 2020, reports the Los Angeles Times.

    Marc Benioff Issues ‘No Layoff” Challenge to CEOs
    Salesforce CEO Marc Benioff is calling on CEOs to take a 90-day “no layoff pledge” as part of an eight-point plan to end the coronavirus crisis. 

    CVS Is Hiring
    CVS Health plans to immediately fill 50,000 full-time, part-time and temporary positions across the country, the company announced. The job opportunities include store associates, distribution center employees, customer service professionals and home delivery drivers. Much of the hiring will be done virtually, the company said.

    Some Companies Are On a Hiring Spree 
    At a time when millions of Americans are losing jobs at restaurants, hotels and airlines because of COVID-19, a few large companies are in the midst of a hiring spree, writes NPR. These companies include supermarkets such as Kroger and Albertsons, pharmacies like CVS and Walgreens and convenience stores likes Dollar General and 7-Eleven. 

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    Source: WorldatWork

    https://www.worldatwork.org/workspan/articles/keeptheworldatwork-shining-the-light-on-employers-protecting-jobs

  • April 02, 2020 10:53 AM | Bill Brewer (Administrator)

    GP: Black mother and daughter using laptop

    PUBLISHED TUE, MAR 24 20209:31 AM EDTUPDATED TUE, MAR 24 202011:39 AM EDT

    Michelle Fox

    When it comes to finances, it is women who will take the biggest hit from the coronavirus pandemic, according to a new report by PayScale.

    With many schools closed, women are the ones who tend to take time away from work to care for their children, as well as elderly parents or family members who are at risk or confined.

    When they seek to return to work, they’ll receive an offer that is 7% less than a candidate who is currently employed when applying for the same position, PayScale’s 2020 State of the Gender Pay Gap report said.

    “The coronavirus pandemic has really exposed these cultural faults with our economic system,” said Sudarshan Sampath, PayScale’s director of research.

    For those women returning to the workforce, “there is a strong likelihood they will not get rehired or they’ll come back on reduced terms,” he said.

    Even if women aren’t taking time away to help out their family, they may have lost their job due to business shutdowns caused by COVID-19.

    “Women are over-represented in the low-paid service economy jobs that are really getting slammed right now with layoffs,” said Emily Martin, vice president of education and workplace justice at the National Women’s Law Center.

    They are less able to weather that job loss without real harm because they are typically paid less than men in the same occupation.

    “That means hundreds of thousands of dollars lost in the wage gap that is not available as a nest egg to families in this time of crisis,” Martin pointed out.

    Taking time away from work has long been a contributing factor to the gender wage gap. Women are now earning 81 cents for every $1 earned by a man, according to PayScale. That is the ratio of median earnings of all women to all men.

    When looking at the controlled pay gap — the disparity in pay for men and women doing the same work — women earned 98 cents to the men’s dollar. That equates to women earning $80,000 less for doing the same work as men over a 40-year career, according to the report.

    Yet for some of those female workers most at risk during this pandemic, the wage gap is larger than 98 cents to a dollar. Female elementary school teachers make 92 cents to men’s $1 and women doctors make 94 cents. Female registered nurses make 98 cents.

    “We are seeing the critical role of the women working in these occupations in this moment of crisis,” Martin said.

    “It really should be a call to action to ensure that they are paid decently and fairly and equitably.”

    Despite the disparity in pay, the wage gap has been slowly narrowing.

    Last year women earned 79 cents to every man’s dollar, compared to 81 cents for 2020, according to PayScale. In 2018 it was 78 cents.

    Payscale’s Sampath hopes that the current situation doesn’t set women back.

    “If we don’t take a proactive stance as to how women are going to fare differently than men, we may reverse this trend,” Sampath said.

    “We could be back to where we started.”

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    Source: CNBC

    https://www.cnbc.com/2020/03/23/women-may-take-an-extra-financial-hit-from-the-coronavirus-pandemic.html

  • April 01, 2020 1:22 PM | Bill Brewer (Administrator)

    Costs could increase by 7% from testing and treatment expenses

    March 26, 2020 10:00 ET Source: Willis Towers Watson Public Limited Company

    ARLINGTON, Va., March 26, 2020 (GLOBE NEWSWIRE) -- As U.S. employers look to keep their workers safe and healthy as they confront a global pandemic, they could see their health care benefit costs jump by as much as 7% this year as a result of testing and treatment costs related to COVID-19. This is according to an actuarial analysis of self-funded employers by Willis Towers Watson. Any increase attributed to COVID-19 will be on top of the 5% cost increases employers previously projected for this year, according to the Willis Towers Watson Best Practices in Health Care Employer Survey.

    “Despite employers and employees taking the right precautions at this perilous time, the coronavirus continues to spread and place enormous pressure on our nation’s health care system,” said Trevis Parson, chief actuary, Willis Towers Watson. “This spike in the demand for care is likely to lead to a significant jump in employer health care costs beyond previous expectations. However, the ultimate financial impact will depend on many factors, including the portion of the population infected and the severity of their illness.”

    At a 30% infection level, the analysis found total costs could increase between 4% and 7%, depending on how sick COVID-19 patients become. Total costs include claims for medical and prescription drugs only. Other health care costs, including those for dental and vision care, may actually decline this year as employees will likely eliminate some discretionary care, the analysis noted.

    The analysis also found that at a 10% infection level, costs could rise between 1% and 3%.  In a more severe scenario — a 50% infection level — costs could rise from 5% to 7%.

    The analysis considered employer health care spending would be reduced in the more severe scenarios as health care supply (e.g., available beds) may reach capacity. If that happens, the type of care patients receive will be redirected to alternative settings and likely become less costly to employers, in the short term. The analysis also considered reduced cost for non-COVID-19 patients who defer care or receive care in lower-cost settings. The estimates would increase significantly in the absence of these factors.

    For this analysis, costs per infected person are estimated at about $250 for mild cases, $2,500 for moderate cases, $30,000 for severe cases requiring an inpatient stay, and close to $100,000 for catastrophic cases requiring intensive care.

    “The effectiveness of our containment strategy will determine what portion of the U.S. population will become infected. And that will have an impact on additional costs, which employers will need to consider as they design and finalize their benefit strategy and plan for 2021,” concluded Parson.

    About Willis Towers Watson

    Willis Towers Watson (NASDAQ: WLTW) is a leading global advisory, broking and solutions company that helps clients around the world turn risk into a path for growth. With roots dating to 1828, Willis Towers Watson has 45,000 employees serving more than 140 countries and markets. We design and deliver solutions that manage risk, optimize benefits, cultivate talent, and expand the power of capital to protect and strengthen institutions and individuals. Our unique perspective allows us to see the critical intersections between talent, assets and ideas — the dynamic formula that drives business performance. Together, we unlock potential. Learn more at willistowerswatson.com.

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    Source: Willis Towers Watson Public Limited Company

    https://www.globenewswire.com/news-release/2020/03/26/2007069/0/en/U-S-employers-face-significant-health-care-benefit-cost-increases-from-COVID-19-Willis-Towers-Watson-analysis-finds.html

  • March 30, 2020 3:06 PM | Bill Brewer (Administrator)

    3 Ways to Pay for a Money Order - wikiHow

    By Jamie Herzlich | Updated March 30, 2020 11:51 AM

    The long-term effect of the coronavirus on wages won't be known for some time, but even before this national crisis, 2020 salary increases were expected to be modest.

    It appears more employers are likely to keep hikes at 3% or less this year compared to last. According to recently released survey data from Seattle-based PayScale, the number rose from 67% to 71% of employers.

     With business headed into a recession,  those numbers may  be impacted, experts say.

    And whether there will be any pay increases at all is as uncertain as the times.

    “It’s likely that companies will do some hard analysis on their workforces to identify their top performers and key occupations and devote their budgeting towards keeping those employees engaged and retained,” said Sudarshan Sampath, director of research at PayScale.  The compensation software and data company gathered survey responses from last November to January.

     Stilll, Sampath said, there will likely be significantly less hiring and lower budgeted salary increases in industries especially impacted by the coronavirus, such as travel, restaurants, entertainment and manufacturing.

      Supporting a lean outlook  is WorldatWork’s 2019-2020 survey, which had U.S. salary budget increases projected to be 3.3% on average in 2020.

    But that could certainly change.

    “While some [organizations] have already communicated salary increases to employees, others may be in the early planning stages and have not yet determined or awarded them for 2020,” said Sue Holloway, a strategy director at WorldatWork in Arizona, a nonprofit professional association in compensation. “As organizations respond to the rapidly evolving coronavirus crisis, they will review their financial situation and human capital needs and make necessary adjustments.” Therefore, salary increase budgets may be impacted, she said.

    So may the  number of companies planning increases. In most years, about 90% of employees receive raises, said Ted Turnasella, principal of Comp-unications, West Islip compensation consultants. But in his experience, he said, in past instances where the economy has been impacted by sudden negative circumstances, the number of companies giving raises has dropped to as low as 50%. Pre-coronovirus outbreak, most clients he has worked with were budgeting salary increases around 3.0% to 3.5%.

    But it’s yet to be seen how this will play out, he said. “If it’s a short-term downturn for some companies, they may be able to recover before year-end,” especially if proposed federal financial aid packages being discussed in Washington are provided to the business community, he said.

    But in general, said Holloway, to foster pay and workplace equity, organizations should conduct a regular analysis to address any pay concerns and resolve underlying issues that are a barrier to equity. According to PayScale’s report, 38% of organizations plan to conduct a pay equity analysis (racial, gender or both) in 2020.

    Undoubtedly, it’s important to have an up-to-date compensation structure, said Stephanie Horn, president of Synergy Professional HR Consulting in Plainview. In New York it’s illegal to ask for previous salary history, so if companies mistakenly relied on that, they need to use other means to set compensation, said Horn. If small businesses are unable to do a formal analysis themselves,  she said, it would be wise for them to enlist the help of an employment attorney and compensation pro, because businesses are still responsible for ensuring they’re not discriminatory.

     Of course, she noted, now there’s uncertainty with the coronavirus and even if increases were budgeted, “if revenues are impacted, increases will obviously have to be reassessed.”  Companies can use other perks, she added, to entice employees, like remote work, flexible schedules and paid time off.

    Those kinds of perks are growing in popularity. Remote work, in particular, is now widely encouraged, if not mandated.

    In best practice in general, it pays to look at your whole compensation package and try to be as transparent as possible about your pay/compensation practices, said Wendy Brown, PayScale’s director of content marketing. “When employers have a little more transparency into what they’re paying and why…and communicate that to employees, it really lands well and they’re more likely to stay.”

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    Source: Newsday

    https://www.newsday.com/business/small-business-virus-long-term-salaries-hiring-1.43486784

  • March 26, 2020 8:16 AM | Bill Brewer (Administrator)

    EXECUTIVE SUMMARY

    In observance of Equal Pay Day (March 31, 2020), PayScale has updated our tremendously popular Gender Pay Gap Report for 2020. Since we have started tracking the gender pay gap, the difference between the earnings of women and men has shrunk, but only by an incremental amount each year. There remains a disparity in how men and women are paid, even when all compensable factors are controlled, meaning that women are still being paid less than men due to no attributable reason other than gender. As our data will show, the gender pay gap is wider for women of color, women in executive level roles, women in certain occupations and industries, and in some US states.

    Recently, pay equity has been thrust under a glaring media spotlight. The #MeToo movement of 2018, which began as an outing of sexual harassment and sexual assault, cascaded into analysis of gender inequality in the workplace in 2019, encompassing not only pay inequity but also barriers to advancement and representation of women in leadership. In addition, several high-profile class action lawsuits have made pay equity a hot topic in executive boardrooms across the country.

    Our research shows that the uncontrolled gender pay gap, which takes the ratio of the median earnings of women to men without controlling for various compensable factors, has only decreased by $0.07 since 2015. In 2020, women make only $0.81 for every dollar a man makes.

    The controlled gender pay gap, which controls for job title, years of experience, industry, location and other compensable factors, has also decreased, but only by $0.01 since 2015. Women in the controlled group make $0.98 for every $1 a man makes.

    New to the gender pay gap report for 2020 is analysis on the impact of lost wages on lifetime earnings. By calculating presumptive raises given over a 40-year career, we find that women in the uncontrolled group stand to lose $900,000 on average over a lifetime. Lost earnings narrow to $80,000 for the controlled group, but this is still significant, especially if you consider how lost earnings due to the gender pay gap would grow with compound interest if invested each year for 40 years.

    To illustrate the importance of the gender pay gap in more detailed terms, we also looked at the top 20 jobs with the highest gender pay gap. Here, the gender pay gap ranged from $0.83 (Anesthesiologists) to $0.90 (Sales Representatives) for the controlled group, showing that the gender pay gap is very real and larger for women in certain occupations.


    For the full article, please go to:

    https://www.payscale.com/data/gender-pay-gap


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    Source: PayScale

    https://www.payscale.com/data/gender-pay-gap

  • March 25, 2020 1:58 PM | Bill Brewer (Administrator)

    Image result for nlr national law review logo

    Monday, March 23, 2020

    On March 18, 2020, President Trump signed into law the Families First Coronavirus Response Act (“FFCRA”). The FFCRA relief package includes two (2) distinct provisions that provide emergency leave to employees: (1) the Emergency Paid Sick Leave Act (“EPSLA”); and (2) the Emergency Family and Medical Leave Expansion Act (“EFMLEA”). The provisions of the FFCRA were fine-tuned in a matter of five (5) days, with the expectation that the Department of Labor (“DOL”) will provide clarifying rules shortly following the FFCRA’s effective date of April 2, 2020. Until such time as the DOL clarifies the FFCRA’s provisions, employers are working diligently to interpret the FFCRA’s terms and prepare for implementation. In particular, the public sector is faced with the unpleasant reality that the FFCRA may serve as an unfunded mandate on a local government system that is already underfunded. This Q & A overview seeks to provide further clarification and guidance to local governments as they implement the provisions of the FFCRA while continuing to provide effective and efficient services to their constituents.

    General Questions Regarding the FFCRA

    Continue reading this article at: 

    https://www.natlawreview.com/article/new-leave-entitlements-under-ffcra-issues-unique-to-public-sector-covid-19-resource

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    Source: The National Law Review

  • March 25, 2020 1:53 PM | Bill Brewer (Administrator)

    Image

    BY WORLDATWORK STAFF | MARCH 25, 2020

    As employers continue to navigate the uncertain terrain in a COVID-19 world, WorldatWork is collecting data throughout the week to gain a better understanding of how organizations are handling compensation decisions.

    Hazard pay (incentives and spot bonuses) for employees who are required to work on-site during the pandemic has been a point of particular interest for organizations across the globe. WorldatWork’s “COVID-19 Quick Polls” survey of 267 organizations found Tuesday that 65% are not planning on offering extra pay, but instead will provide perks such as meals and daycare options, while 9% have nothing planned.

    26% of surveyed employers said they are planning to provide hazard pay. Of those, 9% will offer a cash incentive that is a flat dollar amount, 8%  will give cash incentives tied to hours and shifts worked and 9% will give cash incentives that are based on a different formula, such as a percentage of salary.

    NOTE: Hazard pay means additional pay for performing hazardous duty or work involving physical hardship. Work duty that causes extreme physical discomfort and distress that is not adequately alleviated by protective devices is deemed to impose a physical hardship. The Fair Labor Standards Act (FLSA) does not address the subject of hazard pay, except to require that it be included as part of a federal employee’s regular rate of pay in computing the employee’s overtime pay.

    Image

    WorldatWork’s, “COVID-19 Quick Polls” found on Monday that 57% of organizations have already paid or still plan to pay out salary increases in 2020. However, 19% of 238 employers said they are waiting to decide on whether they will pay out salary increases and 17% said they are cancelling salary increases in 2020.

    Image

    When it comes to bonus payouts for the 2019 plan year, which are typically paid out in early 2020, 67% of organizations said they have paid or still plan to pay out bonuses in 2020. Some companies are exercising caution, though, as 16% said they are waiting to decide whether they will pay out bonuses and 8% said they are cancelling bonuses in 2020.

    Image

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    Source: WorldatWork

    https://www.worldatwork.org/workspan/articles/how-organizations-are-handling-rewards-and-hazard-pay-decisions-in-a-covid-19-world

  • March 24, 2020 12:19 PM | Bill Brewer (Administrator)


    AUTHOR: Jennifer Carsen | PUBLISHED: March 23, 2020

    Dive Brief:

    • California Gov. Gavin Newsom has suspended the usual notice requirements of the Cal-WARN Act amid the coronavirus crisis that is forcing many businesses to close on short notice. 
    • In a March 17 Executive Order (EO), Newsom suspended — retroactive to March 4th through "the end of this emergency" — the notice provisions for any employer ordering a mass layoff, relocation or termination at a covered business when the closure was caused by unforeseeable business circumstances related to COVID-19.
    • California employers covered by the EO are still required to provide the required written notices, provide as much notice as possible and explain why the notice period was shortened. They also must now include a statement that affected workers may be eligible for unemployment benefits.

    Dive Insight:

    The federal WARN Act requires employers with 100 or more employees (usually excluding those who have worked less than six months in the last 12 months and those who work less than 20 hours a week on average) to provide at least 60 calendar days' advance written notice of a plant closing or mass layoff affecting 50 or more employees at a single site.

    The law provides some exceptions, including when layoffs occur due to natural disasters or at the conclusion of a temporary project. Additionally, notice is not generally required if a layoff is for 6 months or less, or if work hours are not reduced 50% in each month of any six-month period.

    In addition to information for employers, the U.S. Department of Labor (DOL) offers a WARN resource for workers. Notably, ​"although ... employers may take solace in the 'unforeseeable business circumstances' exception within the federal WARN Act regulations — for which COVID-19 likely qualifies — not every state has the same exception," according to a Squire Patton Boggs blog post.

    Many states, including California, have their own so-called mini-WARN laws that provide workers with greater protections than federal law. Employers must ensure they meet the notice requirements of both state and federal law when they lay off workers.

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    Source: HR Dive

    https://www.hrdive.com/news/california-relaxes-notice-requirements-for-coronavirus-related-layoffs/574544/

  • March 24, 2020 12:17 PM | Bill Brewer (Administrator)

    AUTHOR: Ryan Golden | PUBLISHED" March 24, 2020

    Dive Brief:

    • The U.S. Department of Labor (DOL) will observe a "temporary period of non-enforcement" after the Families First Coronavirus Response Act (FFCRA) takes effect April 2, according to an agency statement.
    • The non-enforcement is in effect as long as the employer "has acted reasonably and in good faith" to comply with the law.
    • "For purposes of this non-enforcement position, 'good faith' exists when violations are remedied and the employee is made whole as soon as practicable by the employer, the violations were not willful, and the Department receives a written commitment from the employer to comply with the Act in the future," DOL said.

    Dive Insight:

    The news is a crucial piece of information for U.S. employers with fewer than 500 employees, which are directly affected by the FFCRA. While it will sunset on December 31, the FFCRA is the first federal paid leave law encompassing private employers in U.S. history.

    DOL's announcement provides some temporary relief for small businesses, many of which face uncertainty as to how they will be able to afford to pay out the FFCRA's emergency Family and Medical Leave Act (FMLA) leave and paid sick leave.

    Presumably, however, an employee of a private entity with 50-499 employees could sue his or her employer for an emergency violation of the FFCRA's emergency FMLA leave, Fisher Broyles partner Eric B. Meyer told HR Dive in an email. According to the statute, only DOL can bring action against employers with fewer than 50 employees that violate the FFCRA's FMLA provision, he said.

    Because the FFCRA's paid sick leave provision is enforceable under the Fair Labor Standards Act, an employee could assert a claim under that provision without DOL, Meyer added.

    Employers with fewer than 25 employees are exempt from the emergency FMLA leave's job protection requirement, provided the following conditions are met:

    • An employee takes emergency leave as provided under the FFCRA.

    • The leave-taking employee's position is eliminated due to "economic conditions" or other changes that affect the employer's operations resulting from the public health emergency.

    • The employer makes "reasonable efforts" to restore the employee to a position equivalent to the position the employee held when leave commenced, with equivalent pay, benefits and other terms and conditions.

    • If those "reasonable efforts" fail, the employer makes an effort to contact the employee if an equivalent position becomes available, within a contact period spelled out in the bill.

    DOL may create exemptions from both leave provisions, with similar circumstances for each. For the emergency FMLA leave, it may exempt via regulation (a) healthcare providers and emergency responders; and (b) small businesses with fewer than 50 employees if the law's requirements would jeopardize the viability of the business. It is granted identical power with respect to the paid sick leave.

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    Source: HR Dive

    https://www.hrdive.com/news/dol-to-observe-30-day-temporary-non-enforcement-of-coronavirus-paid-leave/574700/

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