Government Affairs

September 2020 Government Affairs Update

Senate Votes Down “Skinny” COVID-19 Relief Bill

Last week, the U.S. Senate rejected a scaled-down “Phase 4” relief bill introduced by Senate Republicans that would have provided $500 billion in COVID-relief. The legislation received 52 votes from Senate Republicans but fell short of the 60-vote threshold needed to end debate and advance the bill to a final vote. Senate Democrats unanimously opposed the legislation and argued for a larger and more comprehensive relief package.

The legislation included employer liability protections, additional small business loan funding, and reduced supplemental unemployment insurance. The bill was approximately half the cost of the Senate Republicans’ original $1 trillion relief proposal released in July. 

Summary of Senate Proposal:

  • Authorizes $300 per week in supplemental unemployment insurance through December 27, down from $600 per week in the CARES Act;
  • Includes liability protections for employers that follow applicable public health guidelines;
  • Provides $257 billion in small business relief, including additional PPP funding; and
  • Makes 501(c)6 organizations eligible for PPP.

The House of Representatives returned from August recess this week and negotiations are expected to continue between Congressional leaders and the White House.

IRS and Treasury Department Issue Guidance on Payroll Tax Deferral Order

The Internal Revenue Service (IRS) and Department of Treasury has issued guidance which implements President Trump’s executive order signed on August 8 allowing employers to defer withholding and payment of the employee’s portion of the Social Security tax.

According to the IRS, employers can defer the withholding, deposit, and payment of payroll taxes on wages paid starting Sept. 1, 2020, through Dec. 31, 2020.

The employee payroll tax deferral applies to any employee whose pretax wages or compensation are less than $4,000 during a bi-weekly pay period, with each pay period considered separately. No deferral is available for any payment to an employee of taxable wages of $4,000 or above for a bi-weekly pay period.

The due date for withholding and payment of these taxes is postponed until the period beginning Jan. 1, 2021, and ending April 30, 2021.

For questions, please contact Director of Government Affairs Kevin McKenney at kmckenney@bscai.org.

DOL Issues Revised Regulations on COVID-19 Paid Leave Benefits

Last weekend, the U.S. Department of Labor’s Wage and Hour Division (WHD) issued revised regulations to the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). The revisions made by the new rule clarify workers’ rights and employers’ responsibilities under the FFCRA’s paid leave provisions, in light of a recent U.S. District Court decision that found portions of the regulations invalid. The new regulations go into effect on Wednesday, September 16. 

The revisions do the following:

  • Reaffirms that paid sick leave and expanded family and medical leave may be taken only if the employee has work from which to take leave. It clarifies that this requirement applies to all qualifying reasons to take paid sick leave and expanded family and medical leave.
  • Reaffirms and provides additional explanation for the requirement that an employee have employer approval to take FFCRA leave intermittently.
  • Revises the definition of “healthcare provider” to include only employees who meet the definition of that term under the Family and Medical Leave Act regulations or who are employed to provide diagnostic services, preventative services, treatment services or other services that are integrated with and necessary to the provision of patient care which, if not provided, would adversely impact patient care.
  • Clarifies that employees must provide required documentation supporting their need for FFCRA leave to their employers “as soon as practicable,” rather than “prior to” taking paid sick or family leave.
  • Clarifies that advanced notice of expanded family and medical leave is required “as soon as practicable.” If the need for leave is foreseeable, that will generally mean providing notice before taking leave. For example, if an employee learns on Monday morning before work that his or her child’s school will close on Tuesday due to COVID-19 related reasons, the employee must notify his or her employer as soon as practicable (likely on Monday at work). If the need for expanded family and medical leave was not foreseeable—for instance, if that employee learns of the school’s closure on Tuesday after reporting for work—the employee may begin to take leave without giving prior notice but must still give notice as soon as practicable.

For questions, please contact Director of Government Affairs Kevin McKenney at kmckenney@bscai.org.

CDC Issues Updated Guidance for Critical Infrastructure Workers

The Centers for Disease Control and Prevention (CDC) recently released updated guidance for critical infrastructure workers who may have been exposed to COVID-19. To ensure continuity of operations of essential functions, CDC advises that critical infrastructure workers may be permitted to continue work following potential exposure to COVID-19, provided they remain asymptomatic and additional precautions are implemented to protect them and the community.

A potential exposure means being a household contact or having close contact within 6 feet of an individual with confirmed or suspected COVID-19. The timeframe for having contact with an individual includes the period of time of 48 hours before the individual became symptomatic.

Critical Infrastructure workers who have had an exposure but remain asymptomatic should adhere to the following practices prior to and during their work shift:

  • Pre-Screen: Employers should measure the employee’s temperature and assess symptoms prior to them starting work. Ideally, temperature checks should happen before the individual enters the facility.
  • Regular Monitoring: As long as the employee doesn’t have a fever or symptoms, they should self-monitor under the supervision of their employer’s occupational health program.
  • Wear a Mask: The employee should wear a face mask at all times while in the workplace for 14 days after last exposure. Employers can issue facemasks or can approve employees’ supplied cloth face coverings in the event of shortages.
  • Social Distance: The employee should maintain 6 feet and practice social distancing as work duties permit in the workplace.
  • Disinfect and Clean work spaces: Clean and disinfect all areas such as offices, bathrooms, common areas, shared electronic equipment routinely.

CDC Issues Guidance on Limiting Workplace Violence Associated with COVID-19

The Centers for Disease Control and Prevention (CDC) recently issued guidance for employers which provides strategies to limit violence towards workers that may occur when employers put in place policies and practices to help minimize the spread of COVID-19 among employees and customers.

Workers may be threatened and assaulted as businesses try to put into place COVID-19 prevention policies and practices (e.g., mandatory use of masks, social distancing, and limits on the number of customers allowed in a business). These threats and assaults can come from customers, other employees, or employers.

Employers and employees can use the following resources and trainings to learn more about how to prevent and deal with workplace violence: