NEWSLINE

The U.S. Department of Labor’s The U.S. Department of Labor’s whose schools have closed. If I As of July 20, the following questions whose schools have closed. If I As of July 20, the following questions Wage and Hour Division published Wage and Hour Division published allow my employees to begin work, and answers were added to the FMLA allow my employees to begin work, and answers were added to the FMLA additional guidance to address the take several hours in the middle FAQs additional guidance to address the take several hours in the middle 2 : FAQs 2 : requirements and protections under of the workday to care for their requirements and protections under of the workday to care for their several of the laws enforced by the agency as workplaces reopen during the COVID-19 pandemic. According to a DOL news release, the guidance, which provides information to workers and employers on the requirements of the Fair Labor Standards Act, the Family and Medical Leave Act and the Families First Coronavirus Response Act, features newly added frequently asked questions addressing critical issues under all three laws. children, and then return to work, do I have to compensate them for all of the hours between starting work and finishing work? • Can a salaried executive, administrative, or professional employee who is exempt from the FLSA’s minimum wage and overtime requirements under Section 13(a)(1) perform other nonexempt duties during the COVID-19 public health emergency and continue to be treated as exempt? • Due to safety and health concerns related to COVID-19, many health care providers are treating patients for a variety of conditions, including those unrelated to COVID-19, via telemedicine. Telemedicine involves face-to-face examinations or treatment of patients by remote video conference via computers or mobile devices. Under these circumstances, will a telemedicine visit count as an in-person visit to establish a serious health condition under the FMLA? several of the laws enforced by the agency as workplaces reopen during the COVID-19 pandemic. According to a DOL news release, the guidance, which provides information to workers and employers on the requirements of the Fair Labor Standards Act, the Family and Medical Leave Act and the Families First Coronavirus Response Act, features newly added frequently asked questions addressing critical issues under all three laws. children, and then return to work, do I have to compensate them for all of the hours between starting work and finishing work? • Can a salaried executive, administrative, or professional employee who is exempt from the FLSA’s minimum wage and overtime requirements under Section 13(a)(1) perform other nonexempt duties during the COVID-19 public health emergency and continue to be treated as exempt? • Due to safety and health concerns related to COVID-19, many health care providers are treating patients for a variety of conditions, including those unrelated to COVID-19, via telemedicine. Telemedicine involves face-to-face examinations or treatment of patients by remote video conference via computers or mobile devices. Under these circumstances, will a telemedicine visit count as an in-person visit to establish a serious health condition under the FMLA? As of July 20, the following questions • Is hazard pay required under the • As of July 20, the following questions • Is hazard pay required under the I was out on FMLA leave unrelated • I was out on FMLA leave unrelated and answers were added to the FLSA FLSA for employees working during to COVID-19. While I was out, my and answers were added to the FLSA FLSA for employees working during to COVID-19. While I was out, my FAQs 1 : FAQs 1 : the COVID-19 pandemic? the COVID-19 pandemic? company implemented a new company implemented a new • I am an employer who allows my employees to telework during the COVID-19 emergency. Now that my employees are no longer at my • I am a salaried employee exempt from the minimum wage and overtime pay requirements under Section 13(a)(1) of the FLSA as a bona fide executive, administrative, policy requiring everyone to take a COVID-19 test before they come to the office. Under the FMLA, can my employer require me to get a COVID-19 test under this policy? • I am an employer who allows my employees to telework during the COVID-19 emergency. Now that my employees are no longer at my • I am a salaried employee exempt from the minimum wage and overtime pay requirements under Section 13(a)(1) of the FLSA as a bona fide executive, administrative, policy requiring everyone to take a COVID-19 test before they come to the office. Under the FMLA, can my employer require me to get a COVID-19 test under this policy? • worksite, how do I determine their hours of compensable work? Do I have to pay my employees for hours I did not authorize them to work? Do I have to pay them for hours worked even when they do not report those hours? I am an employer who allows my employees to telework during the COVID-19 emergency. I would also like to give my employees flexibility in hours of work so they can take time out of the normal workday for personal and family obligations, such as caring for their children or professional employee. Will I lose my exempt status if I take leave under the FFCRA? • I am a salaried employee exempt from the minimum wage and overtime requirements under Section 13(a)(1) of the FLSA as a bona fide executive, administrative or professional employee. Can my employer reduce my salary during the COVID-19 pandemic or an economic slowdown? Would I lose my exempt status if my employer does? As of July 20, the following questions and answers were added to the FFCRA FAQs 3 : • My employee used two weeks of paid sick leave under the FFCRA to care for his parent who was advised by a health care provider to self-quarantine because of symptoms of COVID-19. I am concerned about his returning to work too soon and potentially exposing my other staff to COVID-19. May I require him to worksite, how do I determine their hours of compensable work? Do I have to pay my employees for hours I did not authorize them to work? Do I have to pay them for hours worked even when they do not report those hours? • I am an employer who allows my employees to telework during the COVID-19 emergency. I would also like to give my employees flexibility in hours of work so they can take time out of the normal workday for personal and family obligations, such as caring for their children or professional employee. Will I lose my exempt status if I take leave under the FFCRA? • I am a salaried employee exempt from the minimum wage and overtime requirements under Section 13(a)(1) of the FLSA as a bona fide executive, administrative or professional employee. Can my employer reduce my salary during the COVID-19 pandemic or an economic slowdown? Would I lose my exempt status if my employer does? As of July 20, the following questions and answers were added to the FFCRA FAQs 3 : • My employee used two weeks of paid sick leave under the FFCRA to care for his parent who was advised by a health care provider to self-quarantine because of symptoms of COVID-19. I am concerned about his returning to work too soon and potentially exposing my other staff to COVID-19. May I require him to

telework or take leave until he has is unavailable for COVID-related for Employers and a Questions and telework or take leave until he has is unavailable for COVID-related for Employers and a Questions and tested negative for COVID-19?tested negative for COVID-19? reasons, how much expanded reasons, how much expanded Answers resource about paid sick and Answers resource about paid sick and • I was working full time for my employer and used two weeks (80 hours) of paid sick leave under the FFCRA before I was furloughed. family and medical leave does she have available? • My business was closed due to my state’s COVID-19 quarantine order. expanded family and medical leave under the FFCRA. All resources can be used to help America’s workers as they safely return back to work. • I was working full time for my employer and used two weeks (80 hours) of paid sick leave under the FFCRA before I was furloughed. family and medical leave does she have available? • My business was closed due to my state’s COVID-19 quarantine order. expanded family and medical leave under the FFCRA. All resources can be used to help America’s workers as they safely return back to work.

My employer said I could go back to work next week. Can I use paid sick leave under the FFCRA again after I go back to work? I furloughed all my employees. The quarantine order was lifted and I am returning employees to work. Can I extend my former employee’s Additional resources on COVID-19 and returning to work can be found on the DOL website. My employer said I could go back to work next week. Can I use paid sick leave under the FFCRA again after I go back to work? I furloughed all my employees. The quarantine order was lifted and I am returning employees to work. Can I extend my former employee’s Additional resources on COVID-19 and returning to work can be found on the DOL website. • I have an employee who used four weeks of expanded family and medical leave before she was furlough because he would need to take FFCRA leave to care for his child if he is called back to work? For more comprehensive coronavirus resources, visit abc.org/coronavirus. • I have an employee who used four weeks of expanded family and medical leave before she was furlough because he would need to take FFCRA leave to care for his child if he is called back to work? For more comprehensive coronavirus resources, visit abc.org/coronavirus. furloughed. Now I am re-opening my business. When my employee comes back to work, if she still needs to care for her child because her child care provider The guidance is the latest addition to WHD’s compliance assistance materials, which includes a Fact Sheet for Employees, a Fact Sheet furloughed. Now I am re-opening my business. When my employee comes back to work, if she still needs to care for her child because her child care provider The guidance is the latest addition to WHD’s compliance assistance materials, which includes a Fact Sheet for Employees, a Fact Sheet

1 https://www.dol.gov/agencies/whd/flsa/pandemic 2 https://www.dol.gov/agencies/whd/fmla/pandemic 3 https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

Following the issuance of the NEPA final rule, ABC’s Vice President of Legislative & Political Affairs Kristen Swearingen issued the following statement:

"The modernization of these critical regulations will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Construction businesses recovering from the ongoing health and economic crisis caused by COVID-19 will surely benefit from these modifications, which will help reduce costs and speed up project approvals so that hardworking U.S. workers can get back on the job quickly and safely.

"The coordinated, predictable and transparent process to streamline permitting will also enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.”

According to CEQ’s fact sheet, “For the first time in over 40 years, CEQ has comprehensively updated its National Environmental Policy Act regulations to modernize the federal environmental review process, which will benefit the environment, economy and every American. The regulations, which apply to all federal agencies, have been complex and unnecessarily difficult to understand and navigate. The result has been excessive paperwork, litigation and delays. Environmental impact statements for federal highway projects have averaged over seven years to complete and some reviews have taken a decade or more. The modernized regulations will promote more efficient, effective and timely

environmental reviews by all federal agencies.”

CEQ announced it received over 1.1 million public comments from a broad range of stakeholders relating to the regulations.

For further information on the final rule, visit CEQ’s NEPA Modernization page.

On March 10, ABC joined several other organizations in submitting comments to the CEQ in support of proposed revisions to its regulations implementing the procedural provisions of NEPA.

The coalition letter stated, “We fully support the fundamental goals of NEPA to appropriately consider the potential environmental impacts of federal actions. The coalition believes that CEQ’s proposed revisions refocus federal NEPA reviews on NEPA’s original purpose to facilitate excellent agency action through informed decision-making, accomplished through the same balanced goals as the original 1978 NEPA regulations: to reduce paperwork, to reduce delays, and at the same time to produce better decisions which further the national policy to protect and enhance the quality of the human environment. We urge CEQ to finalize updates to the NEPA implementing regulations to modernize the federal environmental review and permitting process under NEPA, with the goal of increasing infrastructure investment and project development in a manner that strengthens our economy and enhances environmental stewardship.” On Jan. 9, ABC President and CEO Michael Bellaman and Miller and Long employees Alan Michael Jenkins and James Spencer Johnson joined President Trump at the White House for the announcement of CEQ’s proposed rule. ABC stated, “ABC supports the modernization of these critical regulations and believes that these enhancements will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Creating a coordinated, predictable and transparent process to streamline permitting will enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.”

ABC is a member of the Unlock American Investment coalition, which says, “Updating NEPA will reduce delays hindering critical projects, resulting in better infrastructure, a stronger economy and continued environmental stewardship. Modernizing NEPA is the key to unblocking investments.”

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