Author Archives: Terry Hernlund

New Department of Labor Families First
Coronavirus Response Act Interim Guidance
Exemptions for Small Business,
Health Care Workers, and  First Responders

By Julie Pace, David Selden, and Heidi Nunn-Gilman

The U.S. Department of Labor (DOL) just released new guidance on The Families First Coronavirus Response Act (FFCRA)’s partial exemption for small businesses with under 50 employees.  Also, there are certain employers who may exclude specific employees from coverage, and DOL has identified which employers are considered health care providers and emergency responders.

The FFCRA includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act. 

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In an effort to balance a reeling food and beverage industry with the public health crisis of COVID-19, Governor Ducey issued Executive Order 2020-09 calling for the closure of restaurants and bars, with the exception of takeout and delivery orders. In response, the Arizona Department of Liquor Licenses and Control (“DLLC”) issued a guidance.

Now that we have had slightly over a week to implement and digest these changes, the following is an update of what has and has not changed for restaurants and bars.

RESTAURANTS

With the closure of all in-house dining, restaurants are now limited to takeout and delivery orders.

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Under the COVID Stimulus Bill’s Paycheck Protection Program, eligible businesses may receive up to ten million dollars in financial assistance from the federal government.

If your business has been negatively impacted by the COVID crisis, you may be eligible for a collateral-free loan to fund a significant portion of your business’s payroll, rent and utility expenses for up to two months.  Better yet, under the Paycheck Protection Program, eligible loans will be forgiven to the extent funds are used to pay these qualifying expenses, with the federal government picking up the tab.  While these loans can be used to pay some other categories of business expenses, those categories will generally not be eligible for debt forgiveness. 

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DOL ISSUES ADDITIONAL GUIDANCE ON
EMPLOYER RESPONSIBILITIES UNDER THE FAMILIES
FIRST CORONAVIRUS RESPONSE ACT

Julie A. Pace (602.256.4488)
David A. Selden (602.256.4490)
Heidi Nunn-Gilman (602.256.4455)

On March 18, 2020, President Trump signed the bi-partisan Families First Coronavirus Response Act (FFCRA), which contains several provisions to provide aid to individuals who are affected by the COVID-19 pandemic.  Among other things, the Act provides free coronavirus testing, enhanced unemployment benefits, additional funds for Medicaid and nutritional programs, and protection for health care workers and employees responsible for cleaning at-risk places.

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The Department of Labor issued the Families First Coronavirus Act poster this morning.

All covered employers must post this notice today in a conspicuous place along with its other employment law posters.  If you do electronic posting of other employment posters, you may also post this poster electronically.  Covered employers must also provide the Notice to new hires, either by email, direct mail, or by posting this notice on the premises or on an employee information internal or external website. The DOL also issued guidance stating that the leave requirements are effective April 1, 2020. 

You can download and print the poster here, or preview it below.

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