The spread of Coronavirus Disease 2019 (COVID-19) presents a dynamic situation for employers and HR professionals. Prevention and containment measures have the potential to be impacted and dictated by multiple federal and state laws. The attorneys at Barran Liebman LLP are well-positioned to provide tailored advice on the following employment-related issues:
 

• Establishing proper pandemic preparedness measures
• Implementing public health agency advice
• Responding to employees who have been potentially exposed, actually exposed, or diagnosed with COVID-19
• Evaluating absences related to COVID-19 for paid leave pursuant to EPSL and EFMLA
• Managing employee travel to affected areas
• Determining appropriate workforce communications regarding workplace exposures
• Handling COVID-19 accommodation requests
• Protecting exposed and diagnosed employee privacy and health information
• Complying with COVID-19 workplace safety measures
• Addressing OSHA whistleblower concerns
• Ensuring compliance with Oregon OSHA’s new COVID-19 rules
• Responding to employee fear and refusal to work due to COVID-19
• Overseeing group health plan eligibility and COBRA notices when employees are not working due to COVID-19
• Facilitating the use of new federal subsidies for continued COBRA coverage
• Handling temporary shutdowns and workforce reductions due to COVID-19
• Evaluating FMLA and OFLA requests related to COVID-19
• Navigating Oregon Sick Leave for exposed employees
• Drafting communicable illness policies
• Guarding against discrimination claims
• Drafting remote workplace policies
• Determining whether an employer may legally require employees receive COVID-19 vaccination, and if they can, whether they should
• Determining how an employer can offer a COVID-19 vaccine incentive that complies with the law and meets the employer’s goals
• Qualifying for assistance through the Paycheck Protection Program (“PPP”), Work Share Oregon, tax credits, and grants to alleviate the harsh economic effects of the pandemic
• Avoiding emerging wage and hour issues, such as, providing hazard pay and other benefits without affecting overtime compensation rates and compensating employees for temperature checks
• Retaining proper worker classifications to avoid overtime wage and meal and rest break claims
• Following current mask mandates
• Preparing policies for mandatory vaccination or test requirements for healthcare workers
• Complying with ADA restrictions when testing employees for COVID-19

The Families First Coronavirus Response Act (FFCRA) has been extended until September 2021 for employers who voluntarily choose to provide leave. Meaning, employers may still receive tax credits for providing leave to employees, but employers are no longer required to provide leave under the FFCRA. As a reminder, the FFCRA provides two new leave benefits to employees: Emergency Paid Sick Leave (EPSL) and Expanded Family Medical Leave (EFMLA). The American Rescue Plan of 2021 expands the categories of paid leave that allow employers to claim tax credits.

It is crucial for employers to determine whether they will continue to provide FFCRA leave to employees and have clear policies and forms addressing how they will administer these benefits to avoid conflicts and litigation with employees, as well as to claim available tax credits.  A good policy adopts the required non-discrimination rules and addresses whether the employer will continue to provide FFCRA leave until September 2021, whether (and under what conditions) intermittent leave is permitted, as well as whether employees may supplement EPSL and EFMLA with employer-provided sick and vacation time to bring wages up to 100%.  
 
Contact our team to prepare customized policies and forms for your workplace.  A custom package includes a FFCRA policy, Emergency Leave Request Form, and a Designation Notice that covers EPSL and EFMLA, as well as OFLA/FMLA. 
 

Sean Ray, Shayda Le, and Sarah Hale have covered coronavirus issues on local media, including Oregon Public Broadcasting and the Portland Business Journal.  Amy Angel, Josh Goldberg, Sarah Hale, Charlotte Hodde, Wilson Jarrell, Chris Morgan, and Andrew Schpak have also authored on coronavirus in the workplace for various publications, including the Daily Journal of Commerce, Cascade Business News, and the Portland Business Journal.

Recent publications can be found here:

• Cascade Business News: OSHA’s ETS: It’s Not a Test Unless OSHA Says It’s a Test
• Cascade Business News: Best Practices for Inquiring about Vaccination Status During the Hiring Process
• Daily Journal of Commerce: Responding to a Sudden Rise in Religious Accommodation Requests
• Cascade Business News: Employer COVID-19 Vaccine Mandates are Withstanding Legal Challenges, but Obstacles Persist
• Daily Journal of Commerce: Clarifications Concerning the CDC’s Current Mask Guidance
• Daily Journal of Commerce: Anticipating Oregon OSHA’s Final Rules for COVID-19 in the Workplace
• Daily Journal of Commerce: Employee Benefits: Some Relief Has Expired, But New Options
• Cascade Business News: Is it Time to Implement a Telework Policy & Remote Work Agreement?
• Oregon Business Report: Details: The American Rescue Plan Act 2021
• Daily Journal of Commerce: COVID-19-Related Leave Available for Oregon Employees in 2021
• Cascade Business News: OSHA Issues New Federal Guidance for Employers in Addressing COVID-19
• Oregon Public Broadcasting: Can Oregon Employers Require COVID-19 Vaccination? It's Complicated
• Oregon Business Report: What Employers Need to Know About PPP Changes
• The Portland Business Journal: Laws Every Portland Employer Should Know About for 2021
• Daily Journal of Commerce: NLRB’s Guidance on COVID-19 Policies for Unionized Employers
• Cascade Business News: Attention Federal Contractors: Are Your Remote Workers Counted in the Correct Establishment?
• The Portland Business Journal: How a Portland Law Firm Manages to Litigate in 2020
• Association of Corporate Counsel Newsletter: Reshaping HR During a Pandemic: Now, Next & Beyond
• Daily Journal of Commerce: Practical Steps to Address COVID-19 Workplace Safety Liability
• Cascade Business News: What Businesses Need to Know about the Duty to Bargain with Unions During COVID-19
• Daily Journal of Commerce: Considerations for Bringing Back Furloughed or Laid-Off Employees
• Cascade Business News: Total Recall: Returning to Work after COVID-19
• COVID Commotion: How to Navigate the Work from Home Waters
• Cascade Business News: Hiring in the Time of COVID: Best Practices for Employer Re-Opening Plans
• The Portland Business Journal: Re-Opening for Business: Best Practices for Workplace Success
• Daily Journal of Commerce: Four Key Considerations for Employers When the Lockdown Ends
• Cascade Business News: Workplace Safety & Legal Compliance Amidst COVID-19
• Daily Journal of Commerce: Remote Work: Harnessing the Benefits While Minimizing the Risk
• Daily Journal of Commerce: Guidance for Employers Regarding the Coronavirus Outbreak
• Cascade Business News: Coronavirus in the Workplace: Safety Considerations for Employers with Employees Returning from Coronavirus-Infected Areas

Sign up here to stay apprised of COVID-19 implications for employers with Barran Liebman’s complimentary Electronic Alerts.  Recent E-Alerts and other resources related to COVID-19 can be found here:

• Deadline for Federal Contractors to be Vaccinated Set for December 8
• Oregon OSHA Updates its COVID-19 Rule to Include Medical Relief Benefits for Healthcare Workers
• Federal Executive Order Requires Private Businesses with 100 or More Employees to Mandate Vaccines or Weekly Testing Before Their Employees Can Report to Work
• The Other Delta: The Delta Airlines Vaccine Surcharge & What a Surcharge Could Look Like for Your Business
• Employees Who Are Fired for Refusing COVID-19 Vaccine May Not be Eligible for Jobless Benefits
• OHA Rules for Schools & Healthcare Settings
• New Oregon Outdoor Mask Mandate Takes Effect Friday
• FDA Approves Pfizer COVID-19 Vaccine Triggering October 18, 2021 Deadline for Certain Oregon Employees to Be Vaccinated
• Mask Mandate Update Part 2: OHA Issues Temporary Rule on Statewide Mask Mandate
• Masks Mandated Again Beginning August 13 in All Public Indoor Settings in Oregon
• New Workplace Disability – ‘Long COVID’
• OHA Recommending Masks Indoors Regardless of Vaccination Status
• Saying Goodbye to Masks & Physical Distancing as Oregon Approaches Statewide Reopening
• New OSHA Emergency Temporary Standard for Healthcare Workers
• COVID-19 Vaccine Mandate Withstands First Legal Challenge
• OSHA Reverses Guidance on Recording Adverse Reactions to COVID-19 Vaccination
• Here’s What You Need to Know About OHA’s Updated Guidance Regarding Vaccinated Individuals
• Just In: Oregon OSHA Releases Permanent Rule Addressing COVID-19 in All Oregon Workplaces
• Not So Fast: Office Workers in Newly-Announced “Extreme Risk” Counties Must Continue Teleworking
• OSHA Recording Requirements for Adverse Reactions to COVID-19 Vaccines
• California Retroactively Renews COVID-19 Paid Sick Leave
• COVID-19 Benefits Update
• What Employers Need to Know About the American Rescue Plan Act of 2021
• And So It Begins: First Known Lawsuit Over Vaccine Mandate Filed in New Mexico
• New CDC Guidance Provides Recommendations for Fully Vaccinated People
• Should Employers Require COVID-19 Vaccinations? Considerations & Best Practices for Employers
• What the Consolidated Appropriations Act of 2021 Means for Your Retirement & Health Plans
• Happy New Year! It's Time to Review Policies & Procedures for Workplace Complaints
• Federal Stimulus Update Part 1: What Employers Need to Know About the PPP
• Oregon Law Restricts Healthcare Employers Who Want to Require COVID-19 Vaccination
• January 6: Ventilation Requirements Reminder
• What the Consolidated Appropriations Act of 2021 Means for Your Health FSA & Dependent Care Account Plans
• This Is Just In! - FFCRA Leave To Be Voluntary in 2021
• December 21: Employee Information & Training Deadline
• EEOC Issues Guidance on COVID-19 Vaccinations
• Can Employers Require Workers to Get a COVID-19 Vaccine?
• Oregon OSHA Releases New Temporary COVID-19 Rules Implicating Almost Every Oregon Employer
• CDC Revises Definition of “Close Contact” for COVID-19 Exposure
• Applying the New FFCRA “Health Care Provider” Exclusion
• Who Cares About the CARES Act? Hint: The Answer Just Might Be You.
• Workplace Drug & Alcohol Policies in the Era of COVID-19
• FFCRA Leave Rules in Limbo After Federal Court Decision
• It’s Time to Prepare for Employees Juggling Online School and Work Again
• CDC Issues Guidance on COVID-19 Testing in the Workplace
• Additional Guidance From the DOL on FFCRA Leave & New Leave for Oregon Employees Affected by COVID-19
• Time to Review Your Temporary Work-From-Home Policies & Agreements
• New Oregon Employment Department Informational Website
• Enforcing OHA’s Face Mask Requirements
• School is Out, but Child Care Issues Remain: Navigating FFCRA & OFLA Child Care Leave Requests During Summer Break
• What Oregon Businesses Need to Know About OHA’s Updated Face Mask Requirements
• Small Business Administration Issues Interim Final Rule in Response to Paycheck Protection Program Flexibility Act
• Returning to the Office: Phase 2 Reopening Plan Allows Businesses to Resume In-Office Work
• Take Notice: Updates to the Terms of the Paycheck Protection Program
• OSHA Issues Updated Guidance to Employers for Recording COVID-19 Cases
• COVID-19 Employee Benefits Round-Up
• EEOC Offers Reprieve to Employers from Employee Reporting Due to COVID-19
• Has Your Temporary Layoff Been Extended?
• Top Ten Considerations for Employee Benefit Plans During the COVID-19 Pandemic
• New Temporary Exemptions From Maximum Working Hour Requirements
• Ins & Outs of FFCRA Tax Credits
• Department of Labor Releases New COVID-19 Paid Leave Rule
• Today is April 1: Know What Documentation to Collect From Employees Requesting FFCRA
• Today is April 1: FFCRA Eligibility Begins; Posted Notice is Required
• Coronavirus-Related Financial Assistance Update for Employers
• Expanded DOL Guidance on New Paid Leave Laws
• Alternatives to Layoffs for Employers Navigating the COVID-19 Pandemic
• New Start Date: Emergency Paid Sick Leave (EPSL) & Expanded FMLA (EFMLA) Leave Now Required April 1 (Not April 2)
• Oregon's Executive Order Shuts Down Specific Businesses & Tightens Social Distancing Measures for Others
• Equal Employment Opportunity Commission (EEOC) Issues Updated Guidance Permitting Employee Body Temperature Checks
• New Federal Emergency Family Leave & Emergency Paid Sick Leave as Part of Coronavirus Aid Package
• Layoffs & Mandatory Closures: What Employers Need to Know & Consider
• Retirement Plan Fiduciary Action During Events Like COVID-19
• Oregon Sick Time, School Closures, & Quarantined Employees
• Coronavirus in the Community: How Employers Should Respond to the Outbreak