On-Demand Recording: The CARES Act—Overview and Ramifications for Staffing Firms
This ASA webinar took place on April 1. Moderated by ASA senior vice president and chief legal officer Stephen Dwyer, this webinar features Squire Patton Boggs attorneys Jack Kingston and Brandon C. Román, who will provide an overview of the recently passed Coronavirus Aid, Relief, and Economic Security (CARES) Act and the various avenues of financial relief available to staffing firms in connection with Covid-19.
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Economic Relief Opportunities for U.S. Small Businesses Impacted by the COVID-19 Outbreak
This document from the law firm of Squire Patton Boggs addresses small business provisions under the CARES Act. Download this document »
Are Staffing Firms Considered ‘Essential Businesses’ During the COVID-19 Crisis?
State and local governments across the U.S. are issuing mandatory shutdown orders, “shelter-in-place” orders, and related interpretive guidance—all designed to immediately restrict the congregation and movement of people during the COVID-19 pandemic. Learn more »
U.S. Department of Labor Publishes Paid Leave Guidance
The U.S. Department of Labor yesterday issued its first round of guidance on the provisions of the Families First Coronavirus Response Act (FFCRA), which goes into effect April 1. The guidance consists of a Fact Sheet for Employees, a Fact Sheet for Employers, and Questions and Answers. Please note that the DOL guidance is being updated regularly and without notice. Be sure to refresh the pages found within this link regularly. Read the entire document »
Seyfarth Publishing Business Continuity Plan
Continuing to provide essential services is vital to a company’s ability to remain viable during times of increased threats from all hazards, manmade or natural. Download this document »
Seyfarth Publishes Return to Work Protocol
Staffing firms may use this document in those instances where employees have been required to remain off of work, either on a voluntary quarantine or based upon a shelter-in-place order. Download the document »
The Families First Coronavirus Response Act—What It Means for Staffing Firms
This ASA webinar took place on March 23 and featured Miller & Chevalier Chartered attorneys Marc J. Gerson, Elizabeth F. Drake, and Thomas M. Cryan Jr. They provided an overview of staffing firms’ obligations under the new law.
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Q&A Specific to Staffing
Seyfarth Shaw LLP has prepared this comprehensive question-and-answer document that specifically addresses the issues staffing companies are facing during the COVID-19 pandemic. Note that this Q&A does not address paid leave. Rather, it covers questions focused on client and candidate procedures and communications. Download the PDF »
View the ASA Webinar on COVID-19
This ASA Webinar took place on March 12. ASA chief legal officer Stephen Dwyer led a discussion by a panel of legal experts specific to staffing companies and the effects of COVID-19 on operations. View the ASA Webinar On-Demand »
ASA Publishes Sample Staffing Agreement Amendment for Remote Work Arrangements
In light of the novel coronavirus, staffing clients are allowing or directing temporary workers to work from home or at locations away from the clients’ places of business. To help staffing firms memorialize the parties’ respective responsibilities in such arrangements, ASA has published a sample Amendment to Staffing Agreement—Remote Work Arrangements. Drafted with the assistance of Jason B. Klimpl, Esq., and Andrew P. Yacyshyn, Esq., of Tannenbaum Helpern Syracuse & Hirschtritt LLP, the amendment is intended for use where a written contract with the client already exists. Staffing firms should review the sample amendment with their legal counsel and modify it accordingly.
The ASA legal team has developed a sample letter staffing companies can use when communicating about COVID-19 with clients and temporary employees. Click below to download.
Follow ASA for Latest on COVID-19 for Staffing Companies
ASA, its legal team, and affiliated organizations will continue to provide staffing companies with the latest information related to COVID-19—specifically any updates and resources affecting operations or the safety of employees.
Staffing companies also should take note of the following:
- CDC guidance specifically urges staffing firm clients to talk with their staffing firms about the importance of sick employees staying home and to encourage those firms to develop non-punitive leave policies.
- Staffing firms, likewise, should advise clients of the steps they’re taking to implement the CDC guidance—and if temporary employees show up sick, that the client should apply the same policies and restrictions that apply to the client’s employees.
- Clients also should be informed of any staffing firm restrictions on employees who have recently been in countries subject to government travel advisories. Work restrictions on employees or job applicants who have traveled to affected countries may be justified.
Links to COVID-19 Information
The Centers for Disease Control
The CDC page dedicated to reliable information on the coronavirus notes: This is an emerging, rapidly evolving situation and CDC will provide updated information as it becomes available, in addition to updated guidance.
The CDC also provides a page dedicated to Interim Guidance for Businesses and Employers, which offers steps employers should take to mitigate the spread of the virus, including urging employees who exhibit symptoms of respiratory distress to stay home from work as well as avoiding stigma and discrimination in the workplace related to COVID-19.
Occupational Safety and Health Administration
OSHA has published “Guidance on Preparing Workplaces for COVID-19” to help companies respond in the event of coronavirus in the workplace. The guidance was developed in collaboration with the U.S. Department of Health & Human Services. The document contains information on safe work practices and appropriate personal protective equipment based on the risk level of exposure. In addition, OSHA recently launched a COVID-19 web page.
House Passes Coronavirus Response Bill, Senate to Act in Coming Days
Early Saturday morning, the U.S. House of Representatives passed the “Families First Coronavirus Response Act” (HR 6201). The bill imposes new paid leave provisions on employers, provides tax credits to help offset the amounts paid, and expands benefits under federal and state unemployment insurance laws to alleviate the burden of employee layoffs. Learn more »
U.S. Equal Employment Opportunity Commission
The EEOC has published guidance on its website about "What You Should Know About the ADA, the Rehabilitation Act, and COVID-19." Learn more »
The U.S. Chamber of Commerce Foundation
An affiliate of the U.S. Chamber of Commerce, the U.S. Chamber of Commerce Foundation has developed a site focused on guidelines for business and workplace tips for employers.
World Health Organization
The WHO also is continuously updating its site on COVID-19. The site includes safety suggestions as well as an FAQs page. Note that WHO webpages also are available in Spanish, French, and other languages.
FAQs on COVID-19
Published by Mark A. Lies II, Esq., of the law firm Seyfarth, urges employers to "consider telling employees returning from China that they should remain away from work for 14 days from their return." Similar restrictions may be justified for workers who have traveled to countries subject to a CDC travel advisory—which currently include China, Iran, South Korea, Italy, and Japan.
The law firm of Foley & Lardner LLP has published an FAQs document, "Coronavirus FAQs for Employers," that includes 20 questions and answers specific to managing employees in the workplace amid COVID-19 concerns.
The California Labor Commissioner’s Office released a 10-question and answer FAQ sheet on paid sick leave, exemptions, and other laws the agency is enforcing during the COVID-19 pandemic.
The U.S. Equal Employment Opportunity Commission has updated their guidance document “Pandemic Preparedness In The Workplace and The Americans with Disabilities Act” in response to the COVID-19 pandemic.
The U.S Department of Labor published an FAQ page on the Fair Labor Standards Act and answers for private, for-profit employers.