COVID-19 has resulted in a rapid flurry of new legislation and executive orders at both the federal and state levels in recent weeks, as well as additional guidance from government entities such as the CDC, OSHA, the DOL and the EEOC. By now, most employers understand the basic rules to prevent further spread of COVID-19, such as frequent hand washing, cleaning and disinfecting frequently touched surfaces and sending symptomatic workers home. This article addresses some of the more difficult and recurring questions employers are confronting in applying both preexisting and newly enacted law in a number of areas related to COVID 19. Due to the speed at which government entities and healthcare authorities have implemented new legislation, executive orders, and guidance in response to COVID-19, employers should consider the guidance below in light of the most recent legal and medical authority on these issues.
1) How should an employer with multiple affiliates determine if it meets the “500 employee” threshold for coverage under the Emergency Family and Medical Leave Expansion Act (FMLEA) and the Emergency Paid Sick Leave Act (EPSLA)?
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