NEWSLINE
CONSTRUCTION NEWS BULLETIN
NEWSLINE DOL Issues Additional Compliance Guidance for Reopening Workplaces As20, of July the following 20, the following questions questions The U.S.The Department U.S. Department of Labor’s of Labor’s whose schools whose schools have closed. have If closed. I If IAs of July and answers and answers were added weretoadded the FMLA to the FMLA Wage and Wage Hour and Division Hour Division published published allow myallow employees my employees to beginto work, begin work, FAQs2: FAQs2: additional additional guidance guidance to address to address the thetake several take hours several inhours the middle in the middle requirements requirements and protections and protections under under of the workday of the workday to care for to care theirfor their several of several the laws of the enforced laws enforced by the by thechildren,children, and thenand return thentoreturn work,to work,Due to safety safety health andconcerns health concerns • • Due toand agency as agency workplaces as workplaces reopen during reopen during do I havedotoI compensate have to compensate them forthem forrelated to related COVID-19, to COVID-19, many health many health the COVID-19 the COVID-19 pandemic. pandemic. all of theall hours of the between hours between startingstarting care providers care providers are treating are treating patientspatients work and work finishing and finishing work? work? for a variety for aof variety conditions, of conditions, including including According According to a DOLtonews a DOL release, news release, the the Can a •salaried Can a salaried executive, executive, those unrelated those unrelated to COVID-19, to COVID-19, • guidance, guidance, which provides which provides information information administrative, administrative, or professional or professional via telemedicine. via telemedicine. Telemedicine Telemedicine to workers to workers and employers and employers on the on the employee employee who is exempt who is exempt from from involvesinvolves face-to-face face-to-face examinations examinations requirements requirements of the Fair of the Labor Fair Labor the FLSA’s theminimum FLSA’s minimum wage and wage and or treatment or treatment of patients of patients by remote by remote Standards Standards Act, the Act, Family theand Family and overtimeovertime requirements requirements under under video conference video conference via computers via computers MedicalMedical Leave Act Leave and Act the and Families the FamiliesSection Section 13(a)(1) 13(a)(1) performperform other other or mobile ordevices. mobile devices. Under these Under these First Coronavirus First Coronavirus Response Response Act, Act, nonexempt nonexempt duties during dutiesthe during the circumstances, circumstances, will a telemedicine will a telemedicine featuresfeatures newly added newlyfrequently added frequently COVID-19 COVID-19 public health publicemergency health emergency visit count visit ascount an in-person as an in-person visit to visit to asked questions asked questions addressing addressing critical criticaland continue and continue to be treated to be as treated as establishestablish a seriousa health seriouscondition health condition issues under issues allunder threeall laws. three laws. exempt?exempt? under the under FMLA? the FMLA? hazard required pay required under the under the• I was out on FMLA out onleave FMLA unrelated leave unrelated • Is hazard • Ispay • I was As of July As20, of July the following 20, the following questions questions FLSA for FLSA employees for employees working working during during to COVID-19. to COVID-19. While I was While out, I was my out, my and answers and answers were added weretoadded the FLSA to the FLSA 1 1 the COVID-19 the COVID-19 pandemic? pandemic? company company implemented implemented a new a new FAQs : FAQs : policy requiring policy requiring everyone everyone to take to take I am a salaried employee employee exempt exempt • I am a•salaried a COVID-19 a COVID-19 test before test they before come they come am an employer who allows whomy allows myfrom thefrom • I am an• Iemployer minimum the minimum wage and wage and to the office. to the Under office. the Under FMLA, the can FMLA, can employees employees to telework to telework during the during theovertimeovertime pay requirements pay requirements under under my employer my employer require me require to get me a to get a COVID-19 COVID-19 emergency. emergency. Now that Now that Section Section 13(a)(1) 13(a)(1) of the FLSA of the asFLSA a as a COVID-19 COVID-19 test under test this under policy? this policy? my employees my employees are no longer are noatlonger my at my bona fide bona executive, fide executive, administrative, administrative, worksite, worksite, how do Ihow determine do I determine their their or professional or professional employee. employee. Will I Will I As20, of July the following 20, the following questions questions hours ofhours compensable of compensable work? Do work? Do lose my lose exempt my exempt status ifstatus I take if I take As of July and answers and answers were added were to added the to the I have toI pay havemy to employees pay my employees for for leave under leavethe under FFCRA? the FFCRA? 3 3 FFCRA FAQs FFCRA : FAQs : hours I did hours notI authorize did not authorize them to them to I am a salaried employee employee exempt exempt work? Do work? I have DotoI pay havethem to pay forthem for• I am a•salaried from the from minimum the minimum wage and wage and hours worked hours even worked when even they when do they do used two used weeks twoofweeks of • My employee overtime overtime requirements requirements under under • My employee not report notthose report hours? those hours? paid sick paid leave sick under leave the under FFCRA the FFCRA Section Section 13(a)(1) 13(a)(1) of the FLSA of the asFLSA a as a to care for to care his parent for his who parent was who was I am an employer who allows whomy allows my bona fide • I am an• employer bona executive, fide executive, administrative administrative advised advised by a health by a care health provider care provider employees employees to telework to telework during the during theor professional or professional employee. employee. Can my Can my to self-quarantine to self-quarantine becausebecause of of COVID-19 COVID-19 emergency. emergency. I would also I would also employer employer reduce my reduce salary myduring salary during symptoms symptoms of COVID-19. of COVID-19. I am I am like to give likemy to give employees my employees flexibility flexibility the COVID-19 the COVID-19 pandemic pandemic or an or an concerned concerned about his about returning his returning in hoursin ofhours work so of work they can so they takecan takeeconomic economic slowdown? slowdown? Would I Would lose I lose to work to too work soon too and soon potentially and potentially time outtime of the out normal of the workday normal workday for for my exempt my exempt status ifstatus my employer if my employer exposing exposing my other my staff other to staff to personalpersonal and family andobligations, family obligations, does? does? COVID-19. COVID-19. May I require May I him require to him to such as such caring asfor caring theirfor children their children 22 | AUGUST2020
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