EEOC update regarding back to work issues

EEOC addresses back to work issues in recent COVID-19 update.
Law360 outlines a few of the issues:
One question covered what employers should do about potential harassment and discrimination once their workplaces reopen. The EEOC said that employers can remind its workers that bias won't be tolerated and advise management of its role in stopping and reporting harassment and discrimination.

In the new section on returning to work, the EEOC fielded inquiries about screening workers and providing accommodations for personal protective equipment. The agency said the ADA lets employers make inquiries and conduct medical exams if they're necessary for keeping out workers who have a medical condition that poses "a direct threat to health or safety."

But the agency also advised that employers should be careful not to "engage in unlawful disparate treatment based on protected characteristics in decisions related to screening and exclusion."

Additionally, while employers can require workers to wear personal protective equipment and engage in certain infection control practices like hand washing, they should be ready to discuss disability and religious accommodations, the EEOC said. 

--Editing by Orlando Lorenzo.

For more information visit the EEOC website: Here.

Adam Smith and Commissioner Lavine from ESD

https://www.facebook.com/watch/live/?v=1117118571999452&ref=watch_permalink

The ESD system should be updated this Sunday. Get ready. Get your paystub, 1099 form or tax document ready to allow ESD to figure out how much is due to you.

https://www.esd.wa.gov/. BE PREPARED! Get your account set up and your paperwork in order so ESD can get you the benefits you need.

Need information on how to apply for the Federal Paycheck Protection Loans?

Update: Funds for this program were exhausted as of April 17, 2020. More funds are supposedly on the way. Stay tuned.

According to Bank of America's website it seems like the banks that are administrating the loans for the federal government want you to be a customer (prior to Feb 15, 2020) with an existing loan or line of credit. However, so long as you are a business banking customer without a business loan with another bank you can apply through your bank. Read more here.

Need a Job? Be part of the Solution. Support Small Businesses

The Small Business Association is hiring workers to help small biz owners apply for disaster assistance. Work remotely from the safety of your home & make extra money during this difficult time! Bilingual a plus & they’re looking for all ranges of positions from customer service to operations & supervisors. Pay rates is pretty good and help folks desperately in need.More information here:

SBA HIRING WORK FROM HOME

Help for the Self-Employed worker.

Gig Workers and the Self-Employed are Eligible for Unemployment Benefits

An important component of the CARES Act significantly expands unemployment insurance benefits for U.S. workers impacted by the coronavirus outbreak. The legislation increases the amount of weekly unemployment assistance workers receive; extends how long they can receive it; and expands eligibility to nontraditional workers such as independent contractors, gig workers and the self-employed. See more at SHRM here.

Covid-19 Help For Individuals - The Cash Payments

For Individuals:

• Unemployment Insurance
• Cash Payment Relief
• Paid Sick Leave
• Paying Rent and Mortgages
• Student Loans
• Food and Nutrition Resources
• Veterans

Unemployment Insurance

Resources for those facing unemployment due to COVID-19 from the WA State Employment Security Department click HERE.

• Information on how to file for unemployment insurance.
• Information on how to file for workers' compensation. 

Visit this list of resources from King County to help navigate different agencies and how to file for unemployment or workers’ compensation.

The CARES Act, recently signed into law, expands and enhances unemployment insurance. Specifically, the bill:

• Creates a new Pandemic Unemployment Insurance (UI) program to provide unemployment insurance (UI) to individuals who do not qualify for regular unemployment insurance (such as gig-workers, part-time workers, and the self-employed)
• Increases weekly unemployment benefits by $600 per week (on top of normal benefit) through the end of July.
• Expands the maximum number of weeks a beneficiary can receive UI by 13 weeks – so workers who exhaust regular benefits would be eligible to receive an additional 13 weeks of unemployment benefits.

Cash Payment Relief

FAQ about cash payment relief Information from the IRS about cash payment relief 

ABOUT CASH PAYMENT RELIEF 

Most American adults will receive a cash payment from the federal government in the coming weeks to help alleviate the economic impact of the Coronavirus crisis. The payment is $1,200 for each adult, plus an additional $500 for each dependent under 17 years old. There is no minimum income threshold or requirement to receive the rebate. However, the rebate phases out for individuals with incomes of: $75,000 (if your income tax filing status is "single"); $112,500 (if your income tax filing status is "head of household"); and $150,000 (if your income tax filing status is "married filing jointly").

All adults with a Social Security Number who are U.S. residents and meet these income thresholds are eligible, including individuals on Social Security, receiving disability benefits, and receiving unemployment compensation.

HOW YOU'LL GET YOUR CASH PAYMENT RELIEF

The cash payment is not something you need to apply for. It will be distributed to you automatically.

If the IRS already has your bank account information because you filed your taxes in 2019 or 2018, you don't need to do anything. The IRS will transfer the money to you and figure the amount based on the recent income tax data it already has. If the IRS has your bank account information on file, you will receive the money through direct deposit. If the IRS does not have your bank account information on file, a check will be mailed to the address provided to the IRS on your most recent tax return.

If you have not filed taxes in the last two years, consider doing so immediately, as it will speed up the process for you to get your rebate. Alternatively, if you were not required to file your taxes in the past two years and thus did not file, there will be a form for you to submit to claim your rebate - more information on this process will be available in the coming days.

Read More here at Congressman Adam Smith's page. 

CARES Covid-19 Corona Virus Scam Alert

From my Sheriff's Office: 

Scam Alert! • Economic stimulus checks

Typically, this is the time of the year when IRS scam reports are at their peak, and the COVID-19 outbreak has only added another opportunity for scammers. Last week's announcement of upcoming stimulus checks generated a new element that scammers have started to exploit. It's important to know that the IRS has NOT shared details about the upcoming payments, and will do so as they become available. The IRS will NOT call or email you asking for personal or financial information to help process this check. They will use information from your past income tax returns. If you receive such a call, hang up immediately! For updates and details on the status of these payments, visit irs.gov/coronavirus. Take care.

Employers - Look before you Leap - Keep your Staff Employed even if you are not an essential business. Especially if you are not an essential business!

If you are a worker and your employer owes you unpaid wages you can file a complaint with the Department of Labor and Industry

Dear Washington State Employers,

Please take a deep breath and assess your options before laying off or terminating workers right now. The CARES Act that just passed will provide "loans" to businesses with employees who retain those employees. The loans may be forgiven for employers who retain staff over a period of time. If you do lay off or fire your staff - pay them what you owe them. That is still the law.

Paycheck Protection Program

The Paycheck Protection Program, one of the largest sections of the CARES Act, is the most important provision in the new stimulus bill for most small businesses. This new program sets aside $350 billion in government-backed loans from private banks that can, in some cases, be converted to grants, which means that if you meet the requirements you won't need to pay the loan back.

How does the program work?

Paycheck Protection loans will come from private banks. Currently, the SBA guarantees small business loans that are given out by a network of more than 800 lenders across the U.S. The Paycheck Protection Program creates a type of emergency loan that can be forgiven when used to maintain payroll through June and expands the network beyond SBA so that more banks, credit unions and lenders can issue those loans. The basic purpose is to incentivize small businesses to not lay off workers and to rehire laid-off workers that lost jobs due to COVID-19 disruptions.

Click HERE for more information about the Paycheck Protection Program.

If you are a worker and your employer owes you unpaid wages you can file a complaint with the Department of Labor and Industry

Resources for the financially vulnerable

Hi folks,

I hope this finds you healthy and calm and safe (if bored) in your homes. I can't help you find that last pack of toilet paper, but I know there are some other concerns brewing out there and I might be able to help.

A lot of people are being laid off or otherwise losing their jobs. Employers are making tough decisions. Whether you are an employer or an employee here are some resources to help you get through this.

Employees / Formerly employed / Job Searchers:

Wondering if your Employer can Take my Temperature at work? Yes they Can.

Were your Unemployment Benefits Denied? Do you Need help? Contact the Unemployment Law Project for free legal help with your Appeal.

Want to Know More about Your Employment Rights? Fair Work Washington

And Labor and Industry Department answers about Corona Virus.

EEOC discusses Delayed hiring dates, Health screenings and Questions by Employers. EEOC Covid-19

Employers:

Society of Human Resources Management

Weathering the Covid19 Coronoa Virus: Furloughs Layoffs or Pay cuts?

New Rules for Employers Require Paid Leave Under Coronavirus Relief Law

Is yours and Essential Business? is my supply train safe? Check LNI for information.

Information and Resources for Employers and Business Owners during Covid-19 / Corona Virus induced shut downs

Click here to find out How to set up your business with the different programs now being offered through the Employment Securities Department of Washington State (ESD).

Washington State employment Security Department Clarifies Changes

GO to CHAMBER OF COMMERCE PAGE FOR INFO and better formatting. Or see text below.

There were many questions about providing health benefits to employees during this time. For most employer-sponsored plans, employees can continue to stay on employer-sponsored health insurance while on an unemployment program. This would fall under “NON-FMLA leave of absence”. It is a provision that would allow accommodations in this regard. Employers can self-manage/determine how they implement, but it would allow employers to decide to maintain eligibility. There also needs to be at least one active employee in the business at all times (which can be the owner). Most employer-sponsored programs can continue to cover employees. Most employer plans (including Business Health Trust) have non-FMLA Leave of Absence. This means, that employees can still participate and that employers have discretion in this. Check with your broker or health plan if you have more questions. Note the provision below: NON-FMLA LEAVE OF ABSENCE Coverage for an employee and enrolled dependent(s) may be continued for up to 90 days when the employer grants the employee a leave of absence and full premium rates continue to be paid. The 90-day leave of absence period counts towards the maximum COBRA continuation period, except as prohibited during the FMLA (Family and Medical Leave Act of 1993).For LTD, coverage ends as of the date of the next month in which the leave of absence begins. Denials & Standby Denials that went out for standby based on part-time status and/or because they requested more than 4 weeks will be corrected by ESD automatically. Please encourage employees to continue to apply weekly. All programs require weekly filing. All Unemployment programs require 680 hours in the base year. Standby: Employees normally part-time or full-time working under 16 hours per week may qualify for Standby. Common separation reason is “laid off” (even if temporary due to closure/reduction in hours). Under the emergency rules: - Part-time employees may participate - Up to 12 weeks - Do not need to actively seek work if on approved standby. Please note: that the ESD system has errors currently and they are working to fix this. Please continue to file. If return to work dates need to be updated, the employee can request in their eservices account or by contacting the claims center. Due to high volumes, web pages are very slow. (See screen shots attached). Partial Employment: Employers who need to keep operating on a less-than-full time basis can request status known as “Partial” for their employees; work search while on unemployment is waived if employees are hired to work full-time, employees return to at least 1 week of full time employment within a 4 month period, employees work a minimum of 16 hours per week during Partial Employment. Employees need to claim weekly. Shared Work Video: Shared work must be applied for by the employer (they need to have a work plan) and employees can not drop below 50% employment. Shared work is for permanently hourly employees with a minimum of 2 permanent employees in the SharedWork plan. Employees are not required to look for work during this time. Employees need to claim weekly. Resources: The below websites have information on the type of benefit programs and common questions (about existing claims, eligibility, Guide for Employees Easy To Read Guide of Scenarios User Guide for Employers (including how to manage claims, apply for shared work and other programs) For specific employer-questions, please direct inquiries to: SystemPolicy@esd.wa.gov

Washington State launches web form to clarify “essential” businesses under COVID-19 Stay Home, Stay Healthy proclamation

Having trouble viewing this email? View it as a Web page. March 25, 2020 Joint Information Center 253-512-7100 wajic@mil.wa.gov State launches web form to clarify “essential” businesses under COVID-19 Stay Home, Stay Healthy proclamation A simple online form and comprehensive resources are available at www.coronavirus.wa.gov to answer questions from businesses and individuals about their essential/non-essential status. Camp Murray, WA - Washington state today launched an online form so businesses can get clarification or submit a request for inclusion as essential under Gov. Jay Inslee’s Stay Home, Stay Healthy proclamation. The proclamation goes into effect at midnight tonight, closing non-essential businesses for the next two weeks. State officials continue to emphasize that the state COVID-19 web portal is the central location for the most current information and resources for businesses and individuals: https://coronavirus.wa.gov/business-workers. Inslee’s Stay Home, Stay Healthy proclamation defines essential and non-essential businesses and workers related to the COVID-19 emergency response. People are encouraged to review the proclamation language carefully on what is open and what is closed for the next two weeks. “This is a difficult time for all of us, and we recognize the hardship on many businesses and families,” said Commerce Director Lisa Brown. “As Governor Inslee said Monday night, we want to get back to normal as soon as possible, and to do that, we have to hit this hard. We are taking steps to relieve and mitigate the economic impacts of this action to the greatest extent possible.” Brown underscored that this is for now a two-week closure, and state officials will be evaluating the situation as we move through the expected increase in numbers of people testing positive for COVID-19. Inquiries from businesses about their essential/non-essential status are being reviewed as quickly as possible. For fastest response, businesses are urged to use the portal. In response to widely-circulated rumors, state officials also want to be clear that no one needs to be registered on any list, and no one needs a letter or pass of any kind to continue moving about, conducting essential business and activities. Visit the portal's Spread the facts page. The COVID-19 portal at www.coronavirus.wa.gov will have the most current and accurate information. Contact: Penny Thomas Media Relations penny.thomas@commerce.wa.gov | 360-704-9489

Update on evolving Unemployment benefits rules and procedures

These are just quick notes from a Webinar the Washington State unemployment (ESD) office put out today.

If you work or worked in Seattle, Bellevue, Redmond, Kent or anywhere in Washington State this information applies to you.

Current options for Unemployment benefits (ESD) during the Corona virus / Covid-19. Watch the recent webinar here (starts at 27 min. fast forward).

1. Standby

2. Partial Employment

3. Shared Work (no requirement to look for work ) “WAIVER OF WORK SEARCH”

Right now unemployment department is inundated with applications. Normal 3K last week 100K!!!!

So go online and apply when everyone else is sleeping.

File every week even if denied and keep filing. They can fix it retroactively.

Still requires a base year (first 4 quarters of the last five) of work to qualify - must have worked 680 hours.

You can combine claims with other states if you moved.

You can open a claim while still working full time. Why would you? To see what your benefit rate would be if you file now rather than later. Filing earlier helps if you know you are going to get cut back or laid off.

If you are Self-employed you should still apply. If your work is something you can do while also working full time at the same time you may still qualify. But you may have to deduct the self employed income  from benefits. May also depend if you were doing it before you separated from the Employer.

Are 1099 contractors eligible?
1099 contractors can be eligible if the Employer mis-categorized them as contractors(self-employed). Whether the employer had Direction and Control over the employees work are key to the determination. An employee (former employee) has to request a review of that 1099 (contractor) status..

If you are getting errors on the website – try logging on later in the evening.
Claim centers are opening earlier 7am – 6pm and will be open on Saturdays soon. Also implementing virtual hold to return calls. NO in person claims.

Call me if you need help working through this process. Contact info here www.gainey-law.com