LawBank Hosts Presentation by H&K Law Addressing the Families First Act
On April 3, 2020, LawBank members, Laura Hazen and Susan Klopman of H&K Law, LLC presented a timely lecture for LawBank on employment law issues and the COVID-19 pandemic. Hazen and Klopman provide advice and litigate employment issues as well as traditional civil matters before Federal and State courts and administrative bodies. Their presentation was audio-recorded and covered the Families First Act, which includes several laws to help Americans during these unprecedented and financially straining times.
Families First Coronavirus Response Act
The presenters explained that in response to the crisis caused by the coronavirus outbreak, the Federal government passed the Families First Coronavirus Response Act (FFCRA) on March 18, 2020. The stated purpose of this law is to provide assistance to employees who are negatively impacted by the novel coronavirus. The FFCRA went into effect on April 2, 2020 and will remain effective through the end of the year.
The law applies to companies with less than 500 employees. Hazen and Klopman focused on two aspects of the new law. First, they discussed the paid sick leave component, Emergency Paid Sick Leave (“EPSL”). This component grants qualified full- and part-time employees up to 80 hours (for full-time employees) of paid sick time for a specific list of six COVID-19 pandemic reasons, up to a financial cap. In turn, employers are allowed to reduce payroll taxes by the amount of the leave for immediate financial relief from the burden of paying for the leave.
The Emergency Family and Medical Leave Expansion Act (EFMLA)
Also, Hazen and Klopman shared insight into how the FFCRA expands FMLA benefits. Traditional leave applies to employers with 50 or more employees, but the EFMLA applies to employers with between 1-500 employees. After the two weeks of sick leave are exhausted, the EFMLA creates a new category of paid FMLA leave based on the childcare disruption many parents and guardians are facing due to this public health emergency. For example, EFMLA benefits will give employees 12 weeks of leave from their job; however, unlike traditional FMLA, after two weeks, weeks 3-12 of that leave are paid at 2/3 of the employee’s regular rate (or other formulas if applicable), up to a cap. The first two weeks of unpaid EFMLA leave are likely covered under EPSL and thus can be paid under the EPSL if EPSL leave has not been exhausted. .
Issues surrounding employment law from an employer’s perspective are actively adapting in 2020 due to the COVID-19 crisis. The LawBank member community was grateful to H&K Law for their overview of this expanded coverage. As there will be many questions regarding individual situations when it comes to these new employment laws, the safest approach is to work with counsel to ensure legal compliance. For questions about how these laws are applied in Colorado, contact H&K Law, LLC.
About LawBank
LawBank is the premier shared office environment for attorneys in Colorado offering multiple locations in the Denver area. Not only does LawBank provide innovative office space, but it also is a case referral rich community that is founded on mentoring, referrals, collaboration, and co-counsel partnerships. The LawBank goals of providing timely, valuable education to its members are highlighted by presentations like the one from Laura Hazen and Susan Klopman. Contact LawBank for more information.
