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Employers can't get around paying the minimum wage by paying with tips or commissions either. Employers can require workers to stay away from the workplace during the maximum incubation period of the virusthought to be approximately 14 daysbut may decide to not be so strict with employees returning from countries with low-risk assessment levels or low travel-alert levels. Although the CDC recently relaxed its COVID-19 guidance regarding quarantine after travel, it still recognizes: "Travel increases your chance of getting and spreading COVID-19. Yes, employers may be justified in taking such precautions such as when the asymptomatic employee fits within certain exposure risk categories established by the CDC's Public Health Recommendations after Travel-Associated COVID-19 Exposure (which was last updated on April 23, 2020). Employers should tell traveling employees before they leave that they may be required to stay away from work for 14 days on their return, Ramchandani-Raj said. I work in an office. Wait times for testing and results of testing can also present an obstacle as employees may spend more time out of work trying to get a test and waiting for results than if the employer had implemented a different policy, such as a self-isolation period. No, under the FLSA, your employer is only required to pay you for the hours you actually worked. If people volunteer to a public agency, are they entitled to compensation? (See the U.S. QUESTION: My employees filed claims and then I was able to bring them back part time. 2. (added 08/27/2020), I am an employee of a state or local government that began paying me incentive payments, such as hazard pay, for working during the COVID-19 pandemic. Classify you as an independent contractor but treat you like an employee. The EEOC guidance also allows employers to administer a COVID-19 test to employees entering the workplace as long as the testing meets ADA requirements: A.6. Still, employees shouldn't feel emboldened to say anything they want online. Yes, payments your employer provides you to perform work constitute compensation for employment that must be included in the regular rate, subject to eight exclusions described in section 7(e) of the FLSA. No, the FLSA does not require hazard pay; FLSA generally requires only payment of at least the federal minimum wage (currently $7.25 per hour) for each hour worked and overtime compensation for each hour more than 40 worked in a workweek in the amount of at least one and a half times the employees regular rate of pay. While you have a duty to maintain a safe workplace and should have policies in place to do so, you should stay away from actively monitoring off-duty conduct. Wear a mask to keep your nose and mouth covered when you are outside of your home. A3. If using hand sanitizer, the CDC recommends a minimum of 60 percent alcohol mixture. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Can an employer inquire about an employees personal travel plans?Yes provided you inquire equally for all employees and the inquiry is consistent with business necessity. If remote work is not available, there may be some risk in requiring employees to self-quarantine or isolate without pay. 1. #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} In addition, recent guidance from the CDC discourages a test-based strategy and encourages a symptom-based screening strategy to identify when an individual with symptoms can return to work. "Therefore, employers should proceed with caution if disciplining or discharging an employee because of a social media post complaining about pay or working conditions.". If you're an employer, please call 971-361-8400 or email employer.assistance@boli.oregon.gov. Am I permitted to work if I cannot physically go to classes? Part 785, such as bona fide meal breaks and off-duty time. } People will need to stay home during the self-quarantine period. This reasonable belief must be based on objective evidence obtained, or reasonably available to the employer, prior to making a disability-related inquiry or requiring a medical examination. COVID-19: The Law and Your Legal Rights. While there isn't a mandatory quarantine period or mandatory post-travel testing for the unvaccinated, the CDC strongly advises a self-quarantine for up to 10 days. Are there any other federal laws that protect the health and safety of employees who work from home? Yes, subject to (a) the provisions of an employer's current vacation time, PTO, and other applicable policies, and (b) any state laws (e.g., implied contract of employment) restricting an employer's ability to interpret or amend those policies. The .gov means its official. NO. Currently, the following states have travel advisories with restrictions or requirements regarding quarantine, questionnaires, etc. In approving official travel for an individual, agencies should: Carrie is senior vice president of strategic client solutions, Her comments on employer communications is worth a read, Genetic Information Nondiscrimination Act (GINA), Occupational Safety and Health Act (OSHA) General Duty Clause, Certificate of Healthcare Provider for Employee Family Members Serious Health Condition, Reminding Employers that They Cannot Retaliate Against Workers Reporting Unsafe Conditions During Coronavirus Pandemi, Fast Company article on COVID-19 travel maps, Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License. An employer has an obligation to ensure its workplace is a safe environment and that worker complaints are handled in an appropriate manner. PCP advised me to stay home and quarantine. In addition, nothing prohibits employers from voluntarily assuming the costs associated with testing. Am I permitted to bring my children to work with me, and if so, can they assist me in doing agricultural work? While mandating a vaccination is not illegal for most workers, it can violate the law if exemptions are not allowed for medical reasons or deeply held religious beliefs. If the schools in your public school district are physically closed, and there is no virtual learning requirement, then under the FLSA your school would not be in session. (Contact the U.S. Department of LaborWage and Hour Divisionfor additional information or call 1-866-487-9243 if you have questions.) The Americans with Disabilities Act (ADA) prohibits discrimination against those regarded as having disabilities, in addition to those who have disabilities. Avoid being around people at increased risk for severe illness from COVID-19. CDF COVID-19 Task Force. Lawyer's Assistant: Are you an "at will" employee? else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Am I permitted to work in agriculture? In its April 2020 guidance, the Equal Employment Opportunity Commission (EEOC) stated that it is legal for employers to require its employees to take COVID-19 viral tests. Level 3, indicating that travelers should reconsider going to that country (for example, to South Korea and Italy). .manual-search ul.usa-list li {max-width:100%;} These lawyers can take civil action against an employer, which could lead to changes in the workplace as well as monetary restitution. In most cases, your employer may satisfy their obligation to pay their teleworking employees by providing reasonable time-reporting procedures and paying employees for all reported hours. Under the FLSA, employers generally must pay employees only for the hours they actually work, whether at home or at the employers office. Employer retaliation is unlawful, and the identity and other personally identifiable information of employees and . Employee compensation is no simple matter. Equal Employment Opportunity Commissions publication,Work at Home/Telework as a Reasonable Accommodation, for additional information.). Dr. Jay Butler, deputy director for infectious diseases at the CDC, said on a call with businesses March 4 that CDC researchers estimate that transmission can occur two to 14 days after initial exposure, mostly occurring between four and seven days. @media only screen and (min-width: 0px){.agency-nav-container.nav-is-open {overflow-y: unset!important;}} Dan Forman dforman@cdflaborlaw.com (213) 612-6300, ext 1612. While it should be noted that the foregoing CDC guidance is primarily directed as advice for public health . In its ADA regulations, the Equal Employment Opportunity Commission (EEOC) includes breathing among its list of major life activities, and difficulty breathing is a symptom of the coronavirus. For additional information or to find out how to file a complaint, visit our Wage and Hour Division Website: https://www.dol.gov/agencies/whd and/or call our toll-free information and helpline, available 8 a.m. to 5 p.m. in your time zone, 1-866-4USWAGE (1-866-487- 9243). Can an employer require an employee to quarantine after travel 2021? What's more, state laws can vary. The CDC currently only recommends non-essential travel and international travel for the fully vaccinated. During any week that school is not in session, minors that are aged 14 and 15 may not work in nonagricultural employment more than 8 hours in any day, not more than 40 hours total in any week, and only between 7 a.m. and 7 p.m. in any 1 day, except during the summer (June 1 through Labor Day) when the evening hour is extended to 9 p.m. That means none of these factors, known as protected classes, should be used when making employment decisions, such as hiring, setting compensation and awarding promotions. They should also avoid contact with high-risk people for the first 14 days after returning from travel. Members can get help with HR questions via phone, chat or email. .h1 {font-family:'Merriweather';font-weight:700;} Perform such services for civic, charitable, or humanitarian reasons without promise, expectation, or receipt of compensation. Employers who choose to provide such leave between January 1, 2021, and September 30, 2021, may be eligible for employer tax credits. Threats of violence, harassing behavior and maliciously false statements could be grounds for discipline or dismissal from a job. My childs school has physically closed due to COVID-19. Youth aged 14 and 15 may work outside school hours in jobs not declared hazardous by the Secretary of Labor, while minors 12 and 13 years of age may work outside of school hours in non-hazardous jobs on farms that also employ their parent(s) or with written parental consent. Do those incentive payments have to be included in the regular rate that is used to compute my overtime pay? Employers should take further steps at the direction of public health authorities that may include closing the worksite, deep cleaning, and permitting or requiring telework. Is hazard pay required under the FLSA for employees working during the COVID-19 pandemic? See Field Assistance Bulletin No. 2020-5. When not all employees can work from home, we encourage employers to consider additional options to promote physical distancing, such as staggered work shifts.