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Coronavirus and the Building Workplace: Are You Prepared? Part 4 Tuesday, March 31, 2020

Coronavirus and the Building Workplace: Are You Prepared ...€¦ · Are You Prepared? Part 4 Tuesday, March 31, 2020. Agenda • Federal and State Legislation and Executive Orders

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Coronavirus and the Building Workplace: Are You Prepared? Part 4

Tuesday, March 31, 2020

Agenda

• Federal and State Legislation and Executive Orders‒ Federal Stimulus Legislation (The “CARES” Act)‒ Federal and State Leave Legislation‒ Stay-At-Home Orders

• RAB/32BJ Agreements‒ Leave Laws and the RAB/32BJ MOA – Their Interaction‒ Leave Laws and the CBAs – Their Interaction

• Common Questions Regarding Coronavirus and the Building Workplace

• Additional Resources

• Participant Questions

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 42

Federal and State Legislation and Executive Orders

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 43

Federal Stimulus Package (The “CARES” Act)

• Paycheck Protection Program. ‒ Small businesses (not more than 500 employees) struggling due to the Coronavirus

outbreak can borrow money for costs such as:‒ Payroll support (e.g., employee salaries);‒ Payments for vacation, sick, family, or medical leave;‒ Separation payments;‒ Payments for healthcare and retirement benefits; and‒ Payroll taxes.

‒ The government will guarantee 100% of loans through December 31, 2020.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 44

Federal Stimulus Package (The “CARES” Act) (cont’d)

• Loan Forgiveness (for loans under the Paycheck Protection Program).‒ Loan forgiveness is available for the amount spent in the 8-week period after the

origination date of the loan on:‒ Employee compensation under $100,000; and‒ Rent, utility payments, and interest on a mortgage.

‒ The program incentivizes employee retention.‒ The amount forgiven will be reduced in proportion to any reduction in staffing or reduction pay

beyond 25%.‒ Borrowers that re-hire employees already laid off due to the Coronavirus will not be penalized

for initially reducing payroll.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 45

Presenter
Presentation Notes
Borro

Federal Stimulus Package (The “CARES” Act) (cont’d)

• Coronavirus Economic Stabilization Act.‒ Provides $500 billion in economic assistance in the form of loans, loan guarantees, and

other investments to businesses. ‒ Low interest loans are available to businesses with 500-10,000 employees, with no

repayment required for at least 6 months, on the condition that:‒ (1) The funds be used to retain at least 90% of the recipient’s workforce, with full compensation

and benefits, through September 30, 2020;‒ (2) The recipient will not outsource or offshore jobs; ‒ (3) The recipient will not abrogate existing CBAs; and ‒ (4) The recipient must remain neutral in any unionizing effort.

‒ There are also limits on executive compensation and severance payments for businesses that receive aid.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 46

Presenter
Presentation Notes
This subtitle also contains limits on executive compensation for those who receive direct lending, including, until one year after the loan is outstanding: (1) that the compensation of any officer or employee whose total compensation exceeds $425,000 cannot be increased; (2) that employees cannot be offered severance or similar benefits upon termination of employment that exceeds twice the maximum annual compensation received by that employee; (3) Officers and employees making over $3 million last year are also prohibited from earning more than $3 million + 50% of the amount their compensation last year exceeds $3 million. The bill makes clear that “total compensation” includes salary, bonuses, awards of stock, and any other financial benefits provided by the borrower to an officer or employee.

Federal Stimulus Package (The “CARES” Act) (cont’d)

• Employee Retention Credit.‒ Eligible employers get a tax credit in the amount of 50% of eligible wages (up to

$10,000/quarter) for each employee. ‒ Employer eligibility:

‒ Employers are eligible if: ‒ (1) Their operations were fully or partially suspended due to a Coronavirus-related

shutdown order; or ‒ (2) Their gross receipts declined by 50%.

‒ Employers are not eligible if they receive a small business loan. ‒ Eligible wages:

‒ For employers with more than 100 full time employees Only those wages paid to employees when they are not providing services due to Coronavirus-related circumstances.

‒ For smaller employers All wages qualify.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 47

Federal Stimulus Package (The “CARES” Act) (cont’d)

• Payroll Tax Deferment.‒ Employers can delay payment of payroll taxes (the 6.2% collected by the SSA), which

must be repaid equally in 2021 and 2022.

• Other Provisions:‒ Relaxes limitations on a company’s use of net operating losses from prior years. ‒ Accelerates the ability of companies to recover AMT credits by permitting companies to

claim the refund now. ‒ Allows businesses to immediately write off costs associated with qualified improvement

property instead of having to depreciate improvements over the building’s 39-year life.‒ Prohibits landlords whose mortgage is insured, guaranteed, protected, or assisted by

certain federal programs from evicting residents or charging late fees for 120 days.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 48

Federal Leave Legislation

• Families First Coronavirus Response Act.‒ Effective April 1, 2020. ‒ Includes:

‒ (1) Emergency Paid Sick Leave Act;‒ (2) Emergency Family and Medical Leave Expansion Act; and ‒ (3) Tax Credits for Paid Sick and Paid Family and Medical Leave.

‒ Limited stay of enforcement by DOL until April 17, 2020 if employer has made reasonable, good faith efforts to comply with the Act.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 49

Presenter
Presentation Notes
To the extent employees are unable to work or telework, they may use emergency paid sick leave for the following reasons: (i) if they are subject to a federal, state, or local quarantine or isolation order related to the coronavirus, (ii) if they have been advised by a heath care provider to self-quarantine due to concerns related to the Coronavirus, (iii) if they are experiencing symptoms of the Coronavirus and are seeking a medical diagnosis, (iv) if they are caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to the Coronavirus, or who has been advised by a heath care provider to self-quarantine due to concerns related to the Coronavirus, (v) if the employee is caring for their son or daughter if the school or place of care of the son or daughter has been closed, or their child care provider is unavailable, due to Coronavirus precautions, or (vi) if they are experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Federal Leave Legislation (cont’d)

• Emergency Paid Sick Leave Act.‒ Employers with less than 500 employees must provide full time employees with 80 hours

of paid sick leave (less for part-time employees) for certain purposes related to the Coronavirus outbreak.‒ Leave is fully paid, or paid at a rate of 2/3 of the regular rate, depending on the reason for

taking leave. ‒ Leave is capped at $511 per day and $5,110 in the aggregate; or $200 per day and $2,000 in

the aggregate, depending on the reason for taking leave. ‒ Employers may not require employees use other paid leave first.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 410

Presenter
Presentation Notes
To the extent employees are unable to work or telework, they may use emergency paid sick leave for the following reasons: (i) if they are subject to a federal, state, or local quarantine or isolation order related to the coronavirus, (ii) if they have been advised by a heath care provider to self-quarantine due to concerns related to the Coronavirus, (iii) if they are experiencing symptoms of the Coronavirus and are seeking a medical diagnosis, (iv) if they are caring for an individual who is subject to a federal, state, or local quarantine or isolation order related to the Coronavirus, or who has been advised by a heath care provider to self-quarantine due to concerns related to the Coronavirus, (v) if the employee is caring for their son or daughter if the school or place of care of the son or daughter has been closed, or their child care provider is unavailable, due to Coronavirus precautions, or (vi) if they are experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.

Federal Leave Legislation (cont’d)

• Emergency Family & Medical Leave Expansion Act.‒ Provides 12 weeks of leave to care for a child whose school/day care is closed due to a

public health emergency. ‒ Leave counts towards 12 weeks of leave available under FMLA.

‒ First 10 days may be unpaid; after which employees must be paid 2/3 of their regular rate.‒ Employees can substitute other leave during this time, including Emergency Paid Sick Leave.‒ EFMLEA pay is capped at $200 per day; $10,000 in total.

‒ Employees must be employed for 30 days to be eligible. ‒ Only applies to employers with fewer than 500 employees.

• Tax Credits for Paid Sick and Paid Family and Medical Leave.‒ Covered employers will be provided payroll tax credits to cover these benefits.

‒ The CARES act allows employers to receive a tax credit from the Secretary of Treasury in advance, rather than having to be reimbursed on the back end.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 411

Federal Leave Legislation – U.S. DOL Guidance

• Contains instructions for counting hours of leave for part-time employees.

• 80-hour cap on total number of hours employees can receive paid sick leave applies to any combination of qualifying reasons.

• Paid sick leave and expanded family and medical leave requirements are not retroactive.

• Guidance provides record-keeping instructions for employers looking to claim tax credits.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 412

Federal Leave Legislation – U.S. DOL Guidance (cont’d)

• Intermittent leave may be taken if permitted by employer, but cannot be taken if employee is quarantined, experiencing symptoms or caring for someone who is quarantined.

• Restrictions regarding FFCRA leave and supplementing with employer’s preexisting leave entitlements.

• Employers may satisfy their obligations under both EFMLEA and EPSLA through contributions to a multiemployer fund, plan, or program.

• Employers must post an employee rights notice:‒ https://www.dol.gov/sites/dolgov/files/WHD/posters/FFCRA_Poster_WH1422_Non-

Federal.pdf‒ Requirement can be satisfied by emailing or direct mailing the notice to employees or

posting the notice on an employee website.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 413

Determining Whether You Have Fewer Than 500 Employees

• Determination to be made at the time employee’s leave is taken.

• Employers qualify if they employ fewer than 500 full-time and part-time employees within the U.S. (including D.C. and U.S. territories).‒ Must count employees on leave, temporary employees who are jointly employed by the

employer (regardless of who maintains the payroll for such employees), and day laborers supplied by a temp agency.

‒ Includes common employees under the FLSA joint employer test and employees of all entities making up the integrated employer under the FMLA integrated employer test for both EPSLA and EFMLEA.

‒ Does not include independent contractors.

• If you have questions regarding counting employees, consult legal counsel.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 414

New York Leave Legislation

• Effective Immediately:‒ Large employers (100+ employees) must provide at least 14 days of paid leave.

‒ Smaller employers must provide a smaller amount of leave. ‒ Benefits are only available to the extent they exceed what is provided under the federal law.

‒ Leave is available to employees subject to a mandatory or voluntary quarantine order by a public official. ‒ Not available to employees under an order due to non-business travel to an affected area.‒ Not available to employees who are asymptomatic and who are capable of working (remotely

or otherwise). ‒ Leave must be provided without loss of other accrued sick leave. ‒ NYS PFL available for employees who require leave to provide care for a minor

dependent child who is subject to a mandatory or precautionary order of quarantine or isolation by the government.

• A separate permanent sick leave program will go into effect in 180 days. March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 415

New York Executive Order

• Effective March 22 at 8:00 PM, only essential businesses may utilize an in-person workforce. ‒ Businesses must utilize teleworking

arrangements to the extent possible. ‒ Businesses that provide essential

services must implement social distancing rules.

• Residential and commercial evictions and foreclosures are suspended for at least 90 days.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 416

New York Executive Order (cont’d)

• The following have been deemed “essential businesses” and are not subject to the in-person workforce reduction:‒ Essential services necessary to maintain the safety, sanitation and essential

operations of residences or other essential businesses. ‒ Including security, building cleaners, general maintenance, doorpersons, and disinfection.

‒ Essential and emergency construction. ‒ Essential construction includes roads, bridges, transit facilities, utilities, hospitals or health care

facilities, affordable housing, and homeless shelters.‒ At every site, social distancing must be maintained, subject to a $10,000 fine per violation.

‒ Essential services.‒ Including trash and recycling, mail and shipping, and building cleaning and maintenance.

‒ Residential moving services.

• Others may be deemed essential by requesting an opinion from the state.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 417

RAB/32BJ Agreements

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 418

RAB/32BJ Expanded Use of Part-Time Employees MOA

• Residential employers may increase work hours for part-time employees for 90 days, paying these employees at least their previous hourly wage rate.

• Employers will not be liable for exceeding time thresholds for contributions to employee benefits funds for these employees who work more than 2 days per week (for Health, Training and Legal funds) and 20 hours per week (for Pension Fund and Supplemental Retirement and Savings Fund).

• Increased hours to be offered based on department seniority and will not result in the loss of hours or employment for full-time employees.

• Employer must send a notice to the RAB and 32BJ, identifying by name the part-employees that may be assigned additional work hours.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 419

RAB/32BJ Better Terms MOA

• The “Better Term or Condition of Employment” clause in the parties’ CBAs does not apply to any enhanced compensation or benefits provided by the employer from March 6 to 60 days after execution of the MOA (unless extended).

• Enhanced compensation and benefits will not have binding effect on employment or dealings between the RAB and 32BJ.

• The MOA does not lower existing wages or benefits covered by the “Better Term or Condition of Employment” clauses implemented before the MOA.

• Employers to promptly provide notice of enhanced compensation or benefits.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 420

RAB/32BJ Temporary Employees MOA

• Addresses staffing issues for parties to the Apartment Building Agreement and Resident Managers and Superintendents Agreement.

• Allows covered employers to hire temporary employees. ‒ Cannot result in the loss of employment or hours of any regular employee. ‒ Former employees of the building with recall rights receive preference, in seniority order. ‒ Temporary employees are covered by the 2018 Apartment Building Agreement.

• Employers who seek to hire temporary employees must provide notice to the Union and RAB on the appropriate form.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 421

RAB/32BJ Scheduling MOA

• The RAB and 32BJ have entered into an agreement regarding alternative work schedules during the pandemic.

• Full-time employees who regularly work 40 hours may voluntarily modify their work schedule to 3 days/week for a total of 36 hours. ‒ Such employees will be paid for 40 hours of work. ‒ The Union waives the requirement of overtime pay for working more than 8 hours/day.

‒ Employees receive overtime if they work more than 12 hours/day or more than 40 hours/week. ‒ There must be a minimum of 12 hours between the end of the shift on one day and the

start of the next work day.

• The schedule change agreement must be signed by both the employer and the employee.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 422

RAB/32BJ Paid Leave MOA

• Employees who are laid off/ineligible for health coverage on or after March 6th

will be provided with additional 30 days (for total of 60 days) from the date of their layoff/loss of eligibility.

• Employers will make reasonable efforts to allow employees to use PTO (vacation, sick, personal days, etc.) to cover absences due to pandemic-related reasons.

• There is no reduction in PTO if the employer directs the employee to stay at home and self-quarantine because of Coronavirus exposure in the workplace.

• If an employee self-quarantines for any other reason, the employer may permit the employee to use his/her PTO or statutory paid leave, if available.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 423

RAB/32BJ Paid Leave MOA (cont’d)

• For statutory paid leave, the mandatory paid leave provision applicable to the largest covered employer will apply to all employers regardless of their individual size.

• If building operations are suspended/reduced, the following are waived:‒ Advance notice of reduction in force (30 days)‒ Notice of reduction in hours (30 days)‒ Advance notice of schedule change (30 days)‒ Bumping rights suspended (30 days)‒ Termination pay (60 days)

• Employer will attempt to offer displaced employees temporary assignments at other locations without regard to seniority.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 424

RAB/32BJ Tolling Agreement

• The time limit for filing a grievance arising under any RAB agreement will be tolled for at least 30 days (unless terminated by either party on 7 days’ notice).

• Joint Industry Grievance Committee meetings, Step II meetings, and arbitration hearings are postponed for the duration of the tolling agreement.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 425

Interaction between Emergency Leave Laws and RAB/32BJ MOA

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 426

Reason Applicable LeaveGovernment – Subject to quarantine order / isolation order

Federal Paid Sick Leave1

New York Paid Sick Leave. Thereafter, MOA (pursuant to paragraph 3)

Medical – Advised to self-quarantine by health care provider

Federal Paid Sick Leave1

MOA (pursuant to Paragraph 3)

Medical – Experiencing symptoms and seeking medical diagnosis

Federal Paid Sick Leave1

MOA (pursuant to Paragraph 3)

Employer – Directed to self-quarantine due to worksite exposure

MOA (2 weeks of PTO without reduction of any existing PTO entitlements pursuant to paragraph 3)

Employee unable to work due to employee isolation

[1] Pay is no less than EE’s regular rate of pay (as defined under FLSA)), up to $511/day and $5,110 in aggregate.

Interaction between Emergency Leave Laws and RAB/32BJ MOA

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 427

Reason Applicable LeaveGovernment – Subject to quarantine order / isolation order

Federal Paid Sick Leave2

New York Paid Family LeaveMOA (pursuant to Paragraph 3)

Medical – Advised to self-quarantine by health care provider

Federal Paid Sick Leave2

MOA (pursuant to Paragraph 3)Medical – Person is experiencing symptoms and seeking medical diagnosis

MOA (pursuant to Paragraph 3)

Child Care Provider – Precautionary closure Federal Paid Sick Leave2

MOA (available PTO (including vacation, sick and personal days) pursuant to Paragraph 2)

Child Care Provider – Government has declared public health emergency causing closure

Federal Paid Sick Leave2

Federal Family Medical Leave3

MOA (available PTO (including vacation, sick and personal days) pursuant to Paragraph 2)

Employee unable to work due to care for another

[2] Pay is no less than 2/3 EE’s regular rate of pay, up to $200/day and $2,000 in aggregate.[3] 2/3 pay benefit is capped at $200/day and $10,000 in aggregate.

Common Questions Regarding Coronavirus and the Building Workplace

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 428

Presenter
Presentation Notes
s

What Should I Do If An Employee Tests Positive?

• (1) Require the employee to stay at home: In accordance with CDC or local health authority guidelines.

• (2) Determine whether to close and disinfect the workplace: ‒ At a minimum, close and clean the areas in which the employee works and any common

areas the employee has visited.

• (3) Communicate with your employees: ‒ Employees who had close contact with the infected employee should be informed.‒ A broad communication should also be sent to all employee.

• (4) Consider Employment and Labor Implications:‒ Consider whether pay is required under a CBA or Emergency Leave Legislation.

• (5) Consider How Long To Close the Workplace:‒ After proper cleaning and consultation with health officials, an office can be reopened.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 429

What Should I Do If An Employee Tests Positive?

• (6) Consider Reporting and Recording Obligations:‒ State and Local Reporting: Most employers do not have a duty to report illnesses to the

local health department.‒ Federal OSHA Requirements:

‒ Coronavirus is a recordable illness when an employee is infected in the workplace.‒ Employers should record workplace occurrences in their OSHA Form 300 log.

‒ Coronavirus is a reportable illness when an employee is infected in the workplace. ‒ If the employee is hospitalized, a report must be made within 24 hours.‒ If an employee dies, a report must be made within 8 hours.

‒ The key question: Whether the employee was infected in the workplace.

• Note: Employees that contract Coronavirus in the workplace may be entitled to workers’ compensation during any treatment or recovery. ‒ Employees receive 2/3 of their average weekly rate in benefits (maximum: $934.11/week).

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 430

What Confidentiality Rules Apply to My Business?

• If an employee tests positive, you may wish to consider notifying:‒ Your employees;‒ Tenants who likely had contact with the affected individual; and‒ The local health department, who may be able to help coordinate a response.

• When communicating with these parties, be aware that the ADA protects employee health information. ‒ If you wish to reveal the employee’s name, they should be asked to sign a release form. ‒ Without a signed waiver, the employee’s name should not be disclosed. ‒ Instead, provide enough information to allow the recipient to determine the risk of

exposure (e.g., areas in which the employee worked, days the employee was at work).

• Note: Most employers are not governed by HIPAA.‒ HIPAA applies to medical providers and employer-sponsored health plans.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 431

Are My Employees Eligible for Unemployment?

• New Yorkers are eligible for unemployment insurance if they:‒ (1) Demonstrate recent substantial attachment to the labor market;‒ (2) Have received sufficient wages from a covered employer for a sufficient period of time; ‒ (3) Are out of work through no fault of their own; ‒ (4) Are ready, willing, and able to work; and ‒ (5) Are actively seeking employment.

• The CARES Act:‒ Expands unemployment insurance to provide payments to those who either:

‒ (1) Are self-employed, seeking part-time work, or don’t have sufficient work history; or‒ (2) Are unable to work because of the Coronavirus (e.g., diagnosis, caregiver responsibilities,

under quarantine, etc.). ‒ Those who have the ability to telework or who are receiving paid leave are not eligible.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 432

Presenter
Presentation Notes
Full list of reasons: They (i) are diagnosed with COVID-19; (ii) share a household with someone diagnosed with COVID-19; (iii) have to care for someone in their household diagnosed with COVID-19; (iv) have to care for a household member out of school or other facility which was closed due to COVID-19; (v) are under imposed quarantine; (vi) have been advised by a medical professional to self-quarantine; (vii) were supposed to commence employment and cannot due to COVID-19; (viii) are the breadwinner/major source of financial support for their household because a member of the household died from COVID-19; or (ix) had to quit as a direct result of COVID-19. 

Are My Employees Eligible for Unemployment? (cont’d)

• Qualifying individuals are eligible for benefits for 26 weeks.‒ Under the CARES Act, benefits are available for an additional 13 weeks (39 weeks total)

through December 31, 2020.

• New York is waiving the 7-day waiting period for those out of work for Coronavirus-related reasons.

• New Yorkers are eligible for $504/week in benefits. ‒ The CARES Act provides an additional $600/week through July 31, 2020 in addition to the

$504 under state law.

• Under the CARES Act, states must provide flexibility for those who cannot meet the work search requirement due to Coronavirus (e.g., illness, quarantine, movement restriction).

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 433

Are My Employees Eligible for Unemployment? (cont’d)

• Employees on PTO are generally ineligible for benefits.

• Employees with reduced work hours may be eligible for benefits. ‒ Employees must work no more than 3 days (regardless of the number of hours) and earn

no more than the maximum benefit amount ($504). ‒ Employees receive a smaller amount of benefits, but are eligible for a longer period than

26 weeks.‒ Employers can also avail themselves of NY’s Shared Work Program, which allows

employers to reduce work hours, and then employees recoup the hours reduction in the form of partial unemployment benefits. ‒ Requires state approval of the employer’s plan.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 434

What Should I Do To Prepare for an Increase in Absenteeism?

• Cross-train building employees.

• Consult with counsel if you plan to:‒ Modify work schedules (potential issues: predictive scheduling laws, CBA issues).‒ Identify alternative suppliers (potential issue: bargaining with the union may be required).‒ Determine which employees may not be able to work (potential issue: disability-related inquiries).

• According to City guidance, “building owners and managers may consider identifying back up staff or asking for resident volunteers to help with package delivery, routine cleaning and disinfecting, and other tasks.”‒ Non-unionized workers should only be brought on for a short period of time to respond to

an emergency, and only after consultation with the union and RAB.

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 435

Additional Resources

March 31, 202036 Coronavirus and the Building Workplace: Are You Prepared? Part 4

Additional Resources

• Centers for Disease Control and Prevention ‒ https://www.cdc.gov/coronavirus/2019-ncov/index.html‒ https://www.cdc.gov/coronavirus/2019-ncov/specific-groups/guidance-business-

response.html?CDC_AA_refVal=https%3A%2F%2Fwww.cdc.gov%2Fcoronavirus%2F2019-ncov%2Fguidance-business-response.html

‒ https://www.cdc.gov/coronavirus/2019-ncov/php/risk-assessment.html

• Occupational Safety and Health Administration‒ https://www.osha.gov/SLTC/novel_coronavirus/standards.html‒ https://www.osha.gov/Publications/OSHA3990.pdf

• Equal Employment Opportunity Commission ‒ https://www.eeoc.gov/facts/pandemic_flu.html

• Department of Labor: Wage and Hour Division ‒ https://www.dol.gov/agencies/whd/pandemic‒ https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 437

Additional Resources (cont’d)

• New York State Department of Health‒ https://www.health.ny.gov/diseases/communicable/coronavirus/‒ https://coronavirus.health.ny.gov/system/files/documents/2020/03/doh_eoguidancegatheringspacesbusiness_031920.pdf‒ https://esd.ny.gov/novel-coronavirus-faq-businesses‒ https://coronavirus.health.ny.gov/new-york-state-pause

• Executive Orders and Related Guidance ‒ https://www.governor.ny.gov/news/no-2028-continuing-temporary-suspension-and-modification-laws-relating-disaster-

emergency‒ https://esd.ny.gov/guidance-executive-order-2026

• New York City Health Department‒ https://www1.nyc.gov/site/doh/health/health-topics/coronavirus.page‒ https://www1.nyc.gov/assets/doh/downloads/pdf/imm/novel-coronavirus-faq-for-businesses.pdf‒ https://www1.nyc.gov/assets/doh/downloads/pdf/imm/disinfection-guidance-for-businesses-covid19.pdf‒ https://www1.nyc.gov/assets/doh/downloads/pdf/imm/covid-19-residential-buildings-faq.pdf

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 438

Proskauer’s Resources

• Coronavirus Resource Center‒ https://www.proskauer.com/market-solutions/coronavirus-covid-19-resource-center

• Law and the Workplace Blog‒ https://www.lawandtheworkplace.com/

‒ Coronavirus blog topics include:

‒ Federal Family First Coronavirus Response Act Signed Into Law

‒ New York’s Coronavirus Response Law

‒ State-Specific Stay At Home Orders (NY and MA)

‒ Responding to Coronavirus: Illinois Specific Considerations for Employers

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 439

Future Webinars • Part 5: Tuesday, April 7 @ 1:30 PM

• Part 6: Week of April 20th TBA

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 440

Presenter
Presentation Notes

Questions?

March 31, 2020Coronavirus and the Building Workplace: Are You Prepared? Part 441

Coronavirus and the Building Workplace: Are You Prepared? Part 4

Tuesday, March 31, 2020

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