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1
2
Practical and entertaining education for
attorneys, accountants, business owners and
executives, and investors.
3
Thank You To Our Sponsor
Disclaimer
The material in this webinar is for informational purposes only. It should not be considered
legal, financial o...
Meet the Faculty
MODERATOR:
Charles Krugel - Law Offices of Charles Krugel
PANELISTS:
Helen Bloch - Law Offices of Helen B...
About This Webinar
When it comes to dealing with communicable disease-related issues within the workplace,
planning is eve...
About This Series-
Protecting Your Employee Assets: The Life Cycle of
the Employment Relationship 2020
If you have employe...
Episodes in this Series
#1: Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants
Premiere date: 1/2...
Episode #4
The Impact of Communicable Diseases, Including
Coronavirus, on the Workplace
10
Families First Coronavirus Response Act (FFCRA)
• Signed into law March 18, 2020. Amended by CARES Act March 27, 2020.
• A...
FFCRA – Public Health Emergency Leave –
Eligibility/Qualifications
• Provides up to 12 weeks of FMLA leave as “Public Heal...
FFCRA – Public Health Emergency Leave –
Job Resoration
• Employer must restore employees to their same or similar position...
FFCRA – Public Health Emergency Leave –
Pay and Tax Credits
• During first 10 days of leave, employers need not pay employ...
FFCRA - Public Health Emergency Leave - Qualifications
• To qualify for leave, an employee must be unable to work (or tele...
FFCRA - Public Health Emergency Leave - Qualifications
 The employee is caring for an individual who has been advised by ...
FFCRA – Public Health Emergency Leave –
Pay and Tax Credits
• Full time employees are entitled to 80 hours of paid sick le...
FFCRA – Public Health Emergency Leave –
Pay and Tax Credits
• These benefits must be provided in addition to any PTO benef...
FFCRA – Hardship Waiver for Small Businesses
• Businesses with fewer than 50 employees are exempt from providing Public He...
20
EEOC Issues Guidelines
• PANDEMIC PREPAREDNESS IN THE WORKPLACE AND THE AMERICANS WITH
DISABILITIES ACT: If an individual ...
Who Determines What is a Direct Threat?
• A “direct threat” depends on the severity of the illness. The CDC or local publi...
Objective Evidence Required
• An employer must reasonably believe based on objective evidence that an employee has
COVID-1...
Medical Documentation
• Like any other medical documentation an employer receives, such as records from a
doctor obtained ...
HIPAA
What is HIPAA? Summary of the HIPAA Privacy Rule
What is HIPAA? In 1996, the Health Insurance Portability and Accoun...
If I Run a HIPAA-Covered Business, Does the
COVID-19 Coronavirus Emergency Supersede
HIPAA Privacy Rules?
• No, the govern...
What are Employers’ Obligations Under the HIPAA
Privacy Rules if they are Contacted by Officials
Asking for Emergency Pers...
About the Faculty
28
About The Faculty
Charles Krugel - cak1@charlesakrugel.com
As a management side labor & employment attorney & human resour...
About The Faculty
Gary Savine - gnoah@savinelaw.com
Gary Noah Savine is an employment lawyer and the founder of Chicago-ba...
About The Faculty
Helen Bloch - hbloch@blochpc.com
In 2007, Helen Bloch founded the Law Offices of Helen Bloch, P.C., a ge...
About The Faculty
Max Barack - maxbarack@gmail.com
Max leads the Garfinkel Group, LLC's employment law practices groups an...
Questions or Comments?
If you have any questions about this webinar that you did not get to ask during the live
premiere, ...
About Financial Poise
34
Financial Poise™ has one mission: to provide
reliable plain English business, financial, and lega...
The Impact of Communicable Diseases, Including Coronavirus, on the Workplace (Series: Protecting Your Employee Assets: The...
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The Impact of Communicable Diseases, Including Coronavirus, on the Workplace (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020)

When it comes to dealing with communicable disease-related issues within the workplace, planning is everything. What kinds of things might an employer do to lessen the impact of a communicable disease disaster on their business? Join this panel of experts as they explore these topics: (1) FFCRA-eligibility, hardship waivers, benefits required; (2) Increased employer medical screening, testing & temperature taking; (3) Managing remote work, how to assess eligibility for remote work (job descriptions, accommodations, electronic access); (4) Workplace communication--HIPAA, privacy, etc.

To listen to this webinar on-demand, go to: https://www.financialpoise.com/financial-poise-webinars/the-impact-of-communicable-diseases-on-the-workplace-2020/

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The Impact of Communicable Diseases, Including Coronavirus, on the Workplace (Series: Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020)

  1. 1. 1
  2. 2. 2 Practical and entertaining education for attorneys, accountants, business owners and executives, and investors.
  3. 3. 3 Thank You To Our Sponsor
  4. 4. Disclaimer The material in this webinar is for informational purposes only. It should not be considered legal, financial or other professional advice. You should consult with an attorney or other appropriate professional to determine what may be best for your individual needs. While Financial Poise™ takes reasonable steps to ensure that information it publishes is accurate, Financial Poise™ makes no guaranty in this regard. 5
  5. 5. Meet the Faculty MODERATOR: Charles Krugel - Law Offices of Charles Krugel PANELISTS: Helen Bloch - Law Offices of Helen Bloch, P.C. Max Barack - Partner, Garfinkel Law Group Gary Savine - Savine Employment Law, Ltd. 6
  6. 6. About This Webinar When it comes to dealing with communicable disease-related issues within the workplace, planning is everything. What kinds of things might an employer do to lessen the impact of a communicable disease disaster on their business? Join this panel of experts as they explore these topics: (1) FFCRA-eligibility, hardship waivers, benefits required; (2) Increased employer medical screening, testing & temperature taking; (3) Managing remote work, how to assess eligibility for remote work (job descriptions, accommodations, electronic access); (4) Workplace communication--HIPAA, privacy, etc. 7
  7. 7. About This Series- Protecting Your Employee Assets: The Life Cycle of the Employment Relationship 2020 If you have employees or advise companies with employees, this webinar series is for you! No employer—whether large, medium or small—is immune from the reach of federal, state and/or local employment laws and regulations. Now, more than ever, employers should consider taking a proactive approach to auditing their employment practices and policies so that they can better respond when issues arise. This webinar series approaches the employer-employee relationship from beginning to end, with programs covering the most important steps along the way, including hiring and onboarding, policy and procedure development and training, wage and hour compliance, accommodating disabled employees, conducting investigations and considerations associated with ending the relationship. Each Financial Poise Webinar is delivered in Plain English, understandable to investors, business owners, and executives without much background in these areas, yet is of primary value to attorneys, accountants, and other seasoned professionals. Each episode brings you into engaging, sometimes humorous, conversations designed to entertain as it teaches. Each episode in the series is designed to be viewed independently of the other episodes so that participants will enhance their knowledge of this area whether they attend one, some, or all episodes. 8
  8. 8. Episodes in this Series #1: Welcome to the Team! Recruiting and Hiring, Including Restrictive Covenants Premiere date: 1/28/20 #2: An Ounce of Prevention: Policies, Procedures and Proactivity Premiere date: 2/25/20 #3: Show Them the Money: Wage & Hour Compliance Premiere date: 3/24/20 #4: The Impact of Communicable Diseases, Including Coronavirus, on the Workplace Premiere date: 4/28/20 #5: I Know What You Did Last Summer: Workplace Investigations Premiere date: 5/19/20 #6: It’s So Hard To Say Goodbye: Minimizing Risk When Terminating Employees Premiere date: 6/16/20 #7: Time for a Break: Managing Leaves of Absence and Accommodating Disabilities Premiere date: 7/30/20 9
  9. 9. Episode #4 The Impact of Communicable Diseases, Including Coronavirus, on the Workplace 10
  10. 10. Families First Coronavirus Response Act (FFCRA) • Signed into law March 18, 2020. Amended by CARES Act March 27, 2020. • Applies to leave taken between April 1, 2020 through December 31, 2020. • Expands the FMLA to provide Public Health Emergency Leave. • Provides Emergency Paid Sick Leave. • Applies to employers with fewer than 500 employees and all public employers, with some exceptions. • Employers can deny leave to health care providers and emergency responders. 11
  11. 11. FFCRA – Public Health Emergency Leave – Eligibility/Qualifications • Provides up to 12 weeks of FMLA leave as “Public Health Emergency Leave.” • Eligibility triggers after 30 days of employment. • To qualify for leave, an employee must have a “qualifying need” related to an emergency declared by a federal, state or local authority regarding COVID-19. • A qualifying need for live is an inability to work (or telework) because of a need to care for a minor child if:  The child’s school or place of care has been closed; OR  The child’s regular paid care provider is unavailable. • Leave would also extend to an employee’s adult son or daughter who has a disability and is incapable of self-care. 12
  12. 12. FFCRA – Public Health Emergency Leave – Job Resoration • Employer must restore employees to their same or similar position upon return from Public Health Emergency Leave. • Smaller employers (25 or fewer employees) are exempt from job protection duties if:  The position held by the employee does not exist due to economic conditions or other changes in operating conditions that affect employment and are caused by a coronavirus-related emergency declared by a federal state, state, or local authority.  The employer makes reasonable efforts to restore the employee to an equivalent position with equivalent pay and terms  After reasonable efforts fail, the employer makes reasonable efforts to contact the employee about an equivalent position, if one becomes available, for 1 year following the conclusion of the coronavirus-related emergency or the conclusion of the 12-weeks of leave taken by the employee, whichever is earlier. 13
  13. 13. FFCRA – Public Health Emergency Leave – Pay and Tax Credits • During first 10 days of leave, employers need not pay employees, although employees may opt to use accrued PTO. • After first 10 days of leave, employers must pay employees on leave 2/3 their “regular rate of pay” and for the hours they would normally be scheduled to work. • The law caps paid leave at $200 per day and $10,000.00 in the aggregate. • Employers may be able to retain some payroll taxes equal to the amount of qualifying leave that they paid, including withheld federal income taxes, employee share of Social Security and Medicare taxes, and the employer share of Social Security and Medicare taxes concerning all employees. 14
  14. 14. FFCRA - Public Health Emergency Leave - Qualifications • To qualify for leave, an employee must be unable to work (or telework) due to one or more of the following reasons:  The employee is subject to a Federal, State, or local quarantine or isolation order related to COVID-19.  The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.  The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.  The employee is caring for an individual subject to a Federal, State, or local quarantine or isolation order related to COVID-19. 15
  15. 15. FFCRA - Public Health Emergency Leave - Qualifications  The employee is caring for an individual who has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.  The employee is caring for his or her child for one of the following reasons: the child’s school or place of care has been closed, or the child’s care provider is unavailable, due to COVID-19 precautions.  The employee is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of Treasury and the Secretary of Labor. • Employers should monitor the symptoms page of the CDC for updates as more information is learned about the virus. https://www.cdc.gov/coronavirus/2019-ncov/symptoms-testing/symptoms.html 16
  16. 16. FFCRA – Public Health Emergency Leave – Pay and Tax Credits • Full time employees are entitled to 80 hours of paid sick leave • Part time employees are entitled to sick leave equivalent to those hours the employee works on average, over a two-week period. • If an employee takes leave for his or her own self-isolation, medical diagnosis or treatment, the employee receives 100% his or her regular pay, up to a $511 daily/$5,110 aggregate cap over the 2-week period. • If an employee takes leave to care for someone else or his or her child, the employee receives 2/3 his or her regular pay or 2/3 the applicable minimum wage, whichever is higher, up to a $200 daily/$2,000 aggregate cap over the 2-week period. 17
  17. 17. FFCRA – Public Health Emergency Leave – Pay and Tax Credits • These benefits must be provided in addition to any PTO benefits the employee is entitled to by policy, contract or law. • Employers may be able to retain some payroll taxes equal to the amount of qualifying leave that they paid, including withheld federal income taxes, employee share of Social Security and Medicare taxes, and the employer share of Social Security and Medicare taxes concerning all employees. 18
  18. 18. FFCRA – Hardship Waiver for Small Businesses • Businesses with fewer than 50 employees are exempt from providing Public Health Emergency Leave and Emergency Paid Sick Leave to an employee requesting leave if an “authorized officer” determines:  Leave would result in the business’s expenses and financial obligations exceeding available business revenue and cause the business to cease operations at a minimal capacity; OR  The absence of the employee(s) would pose a substantial risk to the financial health or operational capabilities of the small business because of their specialized skills, knowledge or responsibilities; OR  There aren’t sufficient qualified workers available at the time and place needed to perform the work performed by those requesting leave, and the work is needed for the business to operate at a minimal capacity. • This hardship exemption must be assessed on an employee-by-employee basis 19
  19. 19. 20
  20. 20. EEOC Issues Guidelines • PANDEMIC PREPAREDNESS IN THE WORKPLACE AND THE AMERICANS WITH DISABILITIES ACT: If an individual poses a “direct threat” in the workplace, certain prohibitions under the ADA do not apply, such as the prohibition against medical inquiries and requiring medical examinations like taking an employee’s body temperature. 21
  21. 21. Who Determines What is a Direct Threat? • A “direct threat” depends on the severity of the illness. The CDC or local public health authorities can be relied upon to determine that an illness poses a direct threat to the workplace. COVID-19 has been determined by the CDC to be a severe illness rising to the level of a pandemic. 22
  22. 22. Objective Evidence Required • An employer must reasonably believe based on objective evidence that an employee has COVID-19 in order to disregard the ADA’s general prohibition on disability-related inquiries. Objective evidence would include that an employee has a cough, chills, runny nose, or shortness of breath. 23
  23. 23. Medical Documentation • Like any other medical documentation an employer receives, such as records from a doctor obtained during the interactive process, an employee’s medical condition and any test results or medical records received, is confidential. It should be kept in a confidential file and the contents should not be shared with other employees. Likewise, the identity of an employee who may have COVID-19 or symptoms of COVID-19 cannot be disclosed in the workplace. 24
  24. 24. HIPAA What is HIPAA? Summary of the HIPAA Privacy Rule What is HIPAA? In 1996, the Health Insurance Portability and Accountability Act or HIPAA was passed by the U.S. Congress. The HIPAA Privacy Rule, also called the Standards for Privacy of Individually Identifiable Health Information, provided the first nationally- recognizable regulations for the use/disclosure of an individual's health information. Essentially, the Privacy Rule defines how covered entities use individually-identifiable health information or the PHI (Personal Health Information). 'Covered entities' is a term often used in HIPAA-compliant guidelines. This definition of a covered entity is specified by [45 CFR § 160.102] of the Privacy Rule. A covered entity can be a: • Health plan; • Healthcare clearing house; or a • Healthcare provider. 25
  25. 25. If I Run a HIPAA-Covered Business, Does the COVID-19 Coronavirus Emergency Supersede HIPAA Privacy Rules? • No, the government recently sent a stern reminder to all employers, especially those involved in providing healthcare, that they must still comply with the protections contained in the HIPAA Privacy Rule during the COVID-19 coronavirus outbreak. • The Office for Civil Rights of the U.S. Department of Health and Human Services (HHS) issued a reminder. • In fact, the Rule includes provisions that are directly applicable to the current circumstances. 26
  26. 26. What are Employers’ Obligations Under the HIPAA Privacy Rules if they are Contacted by Officials Asking for Emergency Personal Health Information about One of Our Employees? • The privacy restrictions mandated by HIPAA only apply to “covered entities” such as medical providers or employer-sponsored group health plans, and then only in connection with individually identifiable health information. • Employers are typically not covered entities, so if you have medical information in your employment records, it is not subject to HIPAA restrictions. • Nevertheless, disclosures should be made only to authorized personnel, and care should be taken even in disclosures to government personnel or other groups such as the Red Cross. • Further, you should be careful not to release information to someone until you have properly identified them. 27
  27. 27. About the Faculty 28
  28. 28. About The Faculty Charles Krugel - cak1@charlesakrugel.com As a management side labor & employment attorney & human resources (HR) counselor, Charles Krugel, www.charlesakrugel.com, has 24 years of experience in the field & has been running his own practice for 18 years. His clients are small to medium sized companies in a variety of industries. Charles has been lead negotiator for hundreds of labor & employment agreements & contracts. Additionally, he’s litigated dozens of court cases, administrative proceedings & arbitrations. In addition to providing traditional labor & employment law services, he represents companies desiring to institute preventive & proactive HR functions. These functions include policies & procedures, which help to efficiently & discreetly resolve issues in-house & prevent lawsuits & complaints; they also help to reduce costs & act as catalysts for increasing productivity & profits. Moreover, he’s frequently the subject labor & employment law related TV, radio & print interviews. 29
  29. 29. About The Faculty Gary Savine - gnoah@savinelaw.com Gary Noah Savine is an employment lawyer and the founder of Chicago-based law firm Savine Employment Law, Ltd. Gary brings to the table over twenty years of legal expertise and hands-on experience, working around the globe, shoulder-to-shoulder with senior executives and human resource professionals solving the thorniest of workplace disputes. Before starting his firm, Gary practiced employment law exclusively at two of Chicago’s largest law firms and served as chief employment counsel at Navistar (NYSE: NAV) and Hill- Rom Holdings (NYSE: HRC). Gary frequently speaks and writes about employment law issues. He has written and presented before the American Bar Association, the National Employment Lawyers Association, the Northern Illinois Society for Human Resources Management, the Northern Illinois Franchise Association and the American Conference Institute. Gary received his law degree cum laude from the University of Michigan Law School in 1996. More information about Gary’s firm can be found at www.savinelaw.com. 30
  30. 30. About The Faculty Helen Bloch - hbloch@blochpc.com In 2007, Helen Bloch founded the Law Offices of Helen Bloch, P.C., a general practice firm that is a Certified Female Business Enterprise. In the employment & business context, Helen represents clients on all sides of the employment relationship- individual employees, managers, or employers. Routinely Helen negotiates & counsels clients on employment agreements, including non-competition, confidentiality, & severance agreements. Also, she drafts employment handbooks & various policies & procedures. Helen will advise businesses on best practices, including providing sexual harassment training. Helen has lectured on topics such as gender role in the law, legal issues affecting small businesses, & legal rights & obligations from multiple sides of the employer-employee relationship. For the past two years she has been selected for inclusion in Super Lawyers in the area of employment law. Helen is President of the Decalogue Society of Lawyers & serves on the Alliance of Bar Associations, where she assists in screening judicial candidates. Her other bar association memberships include the Illinois chapter of the National Employment Lawyers Association, Women’s Bar Association of Illinois, & the Illinois State Bar Association. An active National Association of Women Business Owner’s (NAWBO) member, Helen leads NAWBO’s Lincoln Park Business Exchange Group. 31
  31. 31. About The Faculty Max Barack - maxbarack@gmail.com Max leads the Garfinkel Group, LLC's employment law practices groups and is a plaintiff-side employment law attorney. He has been practicing law since 2013 and has spent the majority of that time handling plaintiff-side employment matters. He concentrates his practice primarily on representing plaintiffs in their claims of discrimination, as well as wage & hour violations, whistleblower actions, & severance negotiations. He has extensive litigation experience, with a focus on electronic discovery (ESI). He has represented & assisted employers in defending discrimination & wage & hour disputes, including in department of labor investigations. He is a member of the Board of Directors of the National Employment Lawyers Association of Illinois & co-chair of its Legislative Committee. He is a regular contributor to the Chicago Bar Association's @theBar blog, & is fluent in Spanish. Max Barack Attorney at Law J.D., Chicago-Kent College of Law B.A., University of Michigan 32
  32. 32. Questions or Comments? If you have any questions about this webinar that you did not get to ask during the live premiere, or if you are watching this webinar On Demand, please do not hesitate to email us at info@financialpoise.com with any questions or comments you may have. Please include the name of the webinar in your email and we will do our best to provide a timely response. IMPORTANT NOTE: The material in this presentation is for general educational purposes only. It has been prepared primarily for attorneys and accountants for use in the pursuit of their continuing legal education and continuing professional education. 33
  33. 33. About Financial Poise 34 Financial Poise™ has one mission: to provide reliable plain English business, financial, and legal education to individual investors, entrepreneurs, business owners and executives. Visit us at www.financialpoise.com Our free weekly newsletter, Financial Poise Weekly, updates you on new articles published on our website and Upcoming Webinars you may be interested in. To join our email list, please visit: https://www.financialpoise.com/subscribe/

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