Employment Issues: The Crisis Impact

There's been numerous conversations regarding our current crisis and the immense impact on our nation. Additionally, there's been conversations regarding support for small businesses and providing relief to families who are suddenly displaced as a result.

But what people do not talk about is the legal interplay embedded within the confines of the new bills and statutes which provides the relief many are eager to accept.

Previously, I mentioned that the Families First Coronavirus Response Act (FFCRA), implemented under the CARES Act, provides protections to working people and places additional requirements on business owners.

Essentially, employees may have a right to bring an action against their employer for violations of law that meet Federal threshold guidelines such as a violation on the basis of discrimination for the following: (1) Disability, (2) Sex, (3) Age, (4) Religion, (4) Sexual Orientation, (5) Color, or (6) Race. Employers can also find themselves in hot water if they fail to provide FMLA (family, medical leave act) coverage to qualifying employees.

Technically, under basic FMLA principles, an employee must work for one-year to qualify for this privilege. However, under the FFCRA, an employee is only required to work for 30-calendar days to qualify.

Furthermore, the FFCRA provides additional protections to the employee by increasing the number of leave (Paid & FMLA) if the employee is unable to work or telework.

In my webinar with Andre Gaston, an employment law subject-matter expert, we discuss the basic principles around employment, how the FFCRA has strengthened employee rights, and best practices for employers and employees amid this crisis.

If you are a small business owner, it's necessary that you understand your responsibilities under this law to avoid any liability during or post COVID-19. If you are an employee, it's necessary that you understand your legal rights and whether you qualify for these additional protections.

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This article is a service of SL DeBarros Law Firm, LLC. We offer a wide array of business legal services and can help you make the wisest business choices throughout life and in the event of your death. We also offer a Business Protection Start-Up Session or a Business Audit for an ongoing business, which includes a review of all the legal, financial, and tax systems you need for your business. Call us today to schedule.

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