COVID-19 Legislative Information
Information provided from The FRACCA Lobbyist, Mr. Clayton Osteen:
With regard to receiving funds allocated by H.R. 6201, – FRACCA members would mainly look to Division D. However, there are other provisions in the bill that have the potential to affect FRACCA Members:
- In Division C, there is a provision implementing an “Emergency Temporary Standard” (see attached). The Secretary of Labor will have 1 month after the date of the enactment of H.R. 6201 to promulgate a standard in accordance with the requirements identified in the bill. Currently, the language of the bill only requires employers in the health care sector to abide by this standard. However, the bill allows the CDC and OSHA to identify other sectors as having elevated risks. If the construction industry is identified, then employers must follow the standard promulgated by the Secretary of Labor.
- In Division F, there are notice requirements employers must follow if H.R. 6201 is enacted, as well as prohibited acts for employers (see attached). There are additional issues contained in Division F that are addressed in paragraph 2.
- H.R. 6201 does not necessarily change existing employment agreements, but it does provide heightened requirements for paid sick time (see attached). In other words, if an employment agreement diminishes the rights for employees established in H.R. 6201, the employment agreement (or a portion of it) may be unenforceable. As a result, the bill does have the potential to increase costs for employers. If H.R. 6201 becomes law, I highly recommend all members read, at the very least, Division F (preferably the entire bill). I’ve noted a couple of concerns below:
- Generally speaking, employers will be required to provide employees not less than 1 hour of earned paid sick time for every 30 hours worked – HOWEVER, an employer is not required to permit an employee to earn more than 56 hours of paid sick time in a year. Employees will begin to earn paid sick time at the commencement of their employment, and shall be entitled to use the earned paid sick time beginning on the 60th day following the employee’s start date. Additionally, paid sick time shall carry over from one year to the next, BUT in no event shall an employer be required to permit an employee to earn more than 56 hours paid sick time at a given time.
- During a public health emergency, employers are required to provide full-time salaried employees additional paid sick time that is sufficient to allow 14 continuous days away from work without a reduction in pay. For part-time or hourly employees, employers are required to provide additional paid sick time equal to the number of hours the employee was scheduled to work or, if not so scheduled, regularly works in a 14-day period. This is in addition to the sick time previously accrued by the employee. Employers who employ 50 or fewer employees are eligible for reimbursement of additional paid sick time from the Secretary of Labor.
- H.R. 6201 amends certain portions of the 1993 Family and Medical Leave Act (see attached).
Yesterday afternoon, Governor DeSantis announced Florida will begin a $50 million bridge-loan program for businesses affected by the coronavirus. The state loans will supplement any loans made available by the U.S. Small Business Administration. The Florida Department of Economic Opportunity will oversee the loan program, which people can start applying today. The loans are interest free and can be up to $50,000. The Governor also directed the state’s revenue department to extend deadlines for businesses to pay corporate income taxes.
Clayton T. Osteen, Lobbyist Ph. 352.267.7032 | Fx. 813.902.7612
150 S. Monroe Street, Ste 405, Tallahassee, FL 32301
PLEASE CLICK BELOW FOR THE DOCUMENTS:
Amendments To Family & Medical Leave Act