Advice For Employers, Workers And Job Seekers

Now What?

From April 20, 2020: Here’s some more information for employers, job seekers and workers in plain language, as well as some great free resources to help you navigate from here.

Q: WHAT’S GOING TO HAPPEN WITH THE LOANS THAT SMALL BUSINESSES WERE SUPPOSED TO GET THROUGH THE PPP NOW THAT IT’S RUN OUT OF MONEY?
A: AS OF THURSDAY, ALL THE MONEY WAS SPOKEN FOR, SO THE GOVERNMENT IS NEGOTIATING TO INCREASE FUNDS. THE SENATE THEN THE HOUSE ARE EXPECTED TO REACH A DEAL THIS WEEK, ANY DAY NOW. HERE IS A GUIDE TO THE INS AND OUTS OF THE PPP, INCLUDING EVERYTHING YOU’LL NEED TO GET AN APPLICATION READY TO GO ONCE THE PROGRAM IS OPEN. FOR INDEPENDENT CONTRACTOR’S, YOUR GUIDE WILL BE FOUND HERE.

Q: IS THERE ANYTHING ELSE AVAILABLE TO SMALL EMPLOYERS?
A: I FOUND THIS ON MARC CUBAN’S TWITTER: FUNDED BY CORPORATE AND PHILANTHROPIC PARTNERS, THE SAVE SMALL BUSINESS FUND IS A COLLECTIVE EFFORT TO PROVIDE $5,000 GRANTS TO AS MANY AFFECTED SMALL EMPLOYERS (THREE TO 20 EMPLOYEES) AS THEY CAN. 
 
Q: I’VE HEARD THAT THE $1,200 STIMULUS CHECKS ARE JUST AN ADVANCE ON OUR 2020 TAX RETURNS. IS THIS TRUE?
A: NO. THE ‘ADVANCE’ YOU’VE BEEN HEARING ABOUT IS IN REFERENCE TO A SPECIAL TAX CREDIT THAT’LL APPEAR ON THE TAX RETURN YOU FILE IN 2021 FOR THE 2020 TAX YEAR — A TAX CREDIT THAT WOULDN’T HAVE BEEN THERE IF IT WASN’T FOR THESE STIMULUS CHECKS. SO, THE INTERNAL REVENUE SERVICE ISN’T GIVING YOU SOME OF YOUR 2020 TAX REFUND UPFRONT. THE STIMULUS CHECK WILL BE IN ADDITION TO WHAT YOU WOULD’VE OTHERWISE EXPECTED.

Q: COULD I BE MAKING MORE MONEY COLLECTING UNEMPLOYMENT THAN WORKING?
A: THAT DEPENDS. IF YOUR HOURS ARE REDUCED, YOU ARE FURLOUGHED, LAID OFF OR FIRED (FOR ANOTHER REASON THAN MISCONDUCT), YOU MAY QUALIFY FOR UNEMPLOYMENT. IF YES, NOW DO THE MATH. UNEMPLOYMENT BENEFITS IN NM ARE 53.5% OF YOUR AVERAGE WEEKLY WAGE (BASED ON YOUR HIGHEST PAID QUARTER OF THE “BASE PERIOD.”) THE MAXIMUM AMOUNT OF UNEMPLOYMENT YOU CAN RECEIVE PER WEEK IS $461. YOU WILL HIT THAT MAXIMUM IF YOU MAKE APPROXIMATELY $862 OR MORE PER WEEK. (FULL TIME, THAT’S ABOUT $45K PER YEAR, $3,735 PER MONTH, 21.63 PER HOUR. THIS IS ALL APPROXIMATE AND YOU SHOULD CHECK MY MATH.) ORDINARILY, BENEFITS ARE AVAILABLE FOR A MAXIMUM OF 26 WEEKS, ALTHOUGH THE CARES ACT HAS EXTENDED THIS BY AN ADDITIONAL 13 WEEKS, AND THERE’S AN ADDITIONAL $600 PER WEEK FOR FOUR MONTHS THROUGH JULY 31, 2020. SO, YOU COULD COLLECT $1061 PER WEEK (APPROXIMATE EQUIVALENT OF $26.53 PER HOUR) THROUGH JULY 31, AND THEN $461 PER WEEK (APPROXIMATE EQUIVALENT OF $11.53 PER HOUR) FOR THE REMAINDER OF YOUR 39 WEEKS BEFORE THE END OF THE YEAR. (SOURCE: HTTPS://WWW.NOLO.COM/LEGAL-ENCYCLOPEDIA/COLLECTING-UNEMPLOYMENT-BENEFITS-NEW-MEXICO.HTML)
 
Q: I HEARD THE UNEMPLOYMENT WEBSITE IS NOT UP TO DATE IS THERE A BETTER WAY TO APPLY?
A: UNEMPLOYMENT WEBSITES MAY STILL BE RUNNING ON ANTIQUATED COBOL PROGRAMMING, AND NM’S WAS DESIGNED TO SCREEN PEOPLE OUT. THERE IS A FREE SERVICE AVAILABLE THAT HELPS GET UNEMPLOYMENT CLAIMS PROCESSED QUICKER TO GET MONEY TO PEOPLE FASTER.
 
Q: MY COMPANY STILL HAS WORK, BUT WHY SHOULD I WORK WHEN I CAN COLLECT UNEMPLOYMENT? 
A: BE AWARE THAT IF YOU TELL YOUR EMPLOYER YOU WANT TO STOP WORKING WITHOUT BEING ASKED TO STOP WORKING FOR THEM, YOU’VE ESSENTIALLY QUIT.  IF YOU QUIT YOUR JOB VOLUNTARILY, YOU WON’T BE ELIGIBLE FOR UNEMPLOYMENT UNLESS YOU HAD “GOOD CAUSE” TO QUIT. (IN NM, SOME EXAMPLES OF “GOOD CAUSE” INCLUDE QUITTING DUE TO PREGNANCY OR LOSS OF PREGNANCY, TO ESCAPE DOMESTIC VIOLENCE, OR TO RELOCATE WITH A SPOUSE WHO HAS RECEIVED A NEW MILITARY ASSIGNMENT OR FOR COMPELLING WORK-RELATED REASON, SUCH AS DANGEROUS WORKING CONDITIONS THAT YOUR EMPLOYER REFUSED TO CORRECT.)  (SOURCE: HTTPS://WWW.NOLO.COM/LEGAL-ENCYCLOPEDIA/COLLECTING-UNEMPLOYMENT-BENEFITS-NEW-MEXICO.HTML)
 
Q: MY COMPANY IS ALLOWING EMPLOYEES TO VOLUNTEER FOR FURLOUGH OR REDUCED HOURS. WHAT ELSE SHOULD I CONSIDER BEFORE I VOLUNTEER? 
A: FIND OUT WHAT WILL HAPPEN TO YOUR BENEFITS. WILL YOU STILL ACCRUE PAID TIME OFF? MANY EMPLOYER HEALTH INSURANCE PLANS ARE WRITTEN SO ONLY FULL-TIME EMPLOYEES WORKING AT LEAST 30 OR 32 HOURS PER WEEK ARE ELIGIBLE. IF YOU GO UNDER THAT WEEKLY AMOUNT, EVEN IF YOU WORK FULL-TIME EVERY OTHER WEEK, YOU MAY LOSE ELIGIBILITY TO BE ON YOUR EMPLOYER’S PLAN. EVEN IF YOU DO RETAIN YOUR BENEFITS, IF YOU’RE FURLOUGHED, YOU MAY NEED TO SEND IN SOME OR ALL OF THE MONTHLY PREMIUM BECAUSE YOU DON’T HAVE A PAYCHECK FROM WHICH TO DEDUCT IT.
 
Q: I’M ENTITLED TO COBRA SO I CAN RETAIN MY HEALTH INSURANCE. WHY IS IT SO MUCH MORE EXPENSIVE THAN WHEN I WAS STILL WORKING FULL-TIME? 
A: BECAUSE YOU ARE NO LONGER GETTING THE BENEFIT OF YOUR EMPLOYER’S CONTRIBUTION TO HELP COVER THE COST OF YOUR PREMIUM. YOU’RE PAYING IT AT 100% PLUS A 2% ADMINISTRATION FEE. YOU ARE, HOWEVER, GETTING THE BENEFIT OF THEIR BUYING POWER. IF THEY GET A GROUP DISCOUNT, THE PREMIUM IS PROBABLY LOWER THAN WHAT YOU CAN GET ON THE OPEN MARKET FOR THE SAME PLAN. IN FACT, IT’S HIGHLY UNLIKELY YOU CAN GET THE SAME PLAN YOUR EMPLOYER HAS IF YOU’RE BUYING AS AN INDIVIDUAL ON THE OPEN MARKET. 
 
Q: I DON’T WANT TO GO ON COBRA. IS THERE A CHEAPER AND SIMPLER PLAN I CAN GET ON MY OWN?
A: IF YOU DECIDE AGAINST COBRA COVERAGE, YOU CAN ENROLL IN A MARKETPLACE PLAN INSTEAD. OR PERHAPS YOU MAY QUALIFY FOR MEDICAID. SEVERAL FACTORS ARE CONSIDERED AS TO WHETHER PEOPLE ARE ELIGIBLE FOR MEDICAID OR FOR A DISCOUNT IN THE MARKETPLACE. THESE FACTORS INCLUDE INCOME COMPARED TO THE POVERTY LINE, NUMBER OF DEPENDENTS, ETC. BE ADVISED, UNEMPLOYMENT PAYMENTS COUNT WHEN YOUR INCOME IS BEING CALCULATED FOR MEDICAID ELIGIBILITY.
 
Q: WHAT HAPPENS TO MY UNEMPLOYMENT PAYMENTS IF I WORK FROM TIME TO TIME WHILE I’M OTHERWISE UNEMPLOYED?
A: WORKING WHILE ON UNEMPLOYMENT MAY JUST REDUCE OR INTERRUPT UNEMPLOYMENT BENEFITS FOR THE WEEKS DURING WHICH YOU WORK. LOOK AT PAGE 23 OF NM’S UNEMPLOYMENT HANDBOOK.  WHILE NOT STATED IN THEIR MANUAL, I BELIEVE THAT WORKING A WEEK DOES NOT TAKE A WEEK OFF YOUR BENEFIT, IT JUST DELAYS IT A WEEK. YOU DON’T HAVE TO RE-APPLY FOR UNEMPLOYMENT EVERY TIME YOU WORK A LITTLE. 
 
Q: WHAT ABOUT THOSE OF US WHO HAVE LOST WORK DUE TO COVID-19 WHO ARE NOT TRADITIONALLY ELIGIBLE FOR UNEMPLOYMENT, LIKE THE SELF-EMPLOYED, CONTRACTORS, FREELANCERS, GIG WORKERS, PEOPLE WITH AN INSUFFICIENT WORK HISTORY, OR BECAUSE WE’VE PREVIOUSLY USED UP OUR UNEMPLOYMENT ALLOTMENT?
A: YOU MAY QUALIFY FOR PANDEMIC UNEMPLOYMENT ASSISTANCE. THE PURPOSE OF THE PUA PROGRAM IS TO PROVIDE TEMPORARY FINANCIAL SUPPORT TO THOSE WHO HAVE LOST INCOME BECAUSE OF THE CORONAVIRUS PANDEMIC AND CAN’T BE REACHED THROUGH THE TRADITIONAL UNEMPLOYMENT PROGRAM. TO RECEIVE PUA, YOU MUST CERTIFY THAT YOU ARE UNEMPLOYED, PARTIALLY UNEMPLOYED, OR NOT ABLE AND AVAILABLE TO WORK FOR ONE OF THE SPECIFIC REASONS CONSIDERED TO BE A LOSS OF WORK DUE TO THE PANDEMIC. 
 
Q: I’M AN EMPLOYER WHO HAD FURLOUGHED SOME EMPLOYEES AND REDUCED HOURS FOR OTHERS. WE’VE GOT SOME EXTRA WORK AND COULD CALL SOME BUT NOT ALL OF THEM IN. ISN’T THAT A WIN-WIN FOR EVERYONE?
A: SOME PEOPLE ON UNEMPLOYMENT RIGHT NOW, BECAUSE OF THE EXTRA $600, ARE GETTING AS MUCH IN UNEMPLOYMENT AS THEY WOULD IF THEY WERE WORKING. SO, IF SOMEONE WOULD RATHER COLLECT AND NOT WORK, OR ARE IN AN AT-RISK GROUP, OR AFRAID TO TAKE COVID HOME TO AN AT-RISK FAMILY MEMBER, CALLING THEM IN AND INTERRUPTING THEIR BENEFIT AND SAFETY AT HOME MAY BE A BUMMER FOR THEM. FOR THOSE WHO ARE ABLE AND WOULD RATHER BE BUSY WORKING, THEY MAY BE HAPPY FOR THE REASON TO GET UP AND EARN THE BROWNIE POINTS. 
 
Q: I NEED TO CONSIDER A FURLOUGH IN MY COMPANY. WHAT DO I NEED TO KNOW?
A: HERE ARE ISSUES FOR EMPLOYERS TO CONSIDER WHEN EVALUATING WHETHER AND HOW TO IMPLEMENT A FURLOUGH.
 
Q: MY BUSINESS IS CONSIDERED ESSENTIAL SO WE ARE STILL OPEN AND OPERATING. AN EMPLOYEE IS PUSHING BACK AND QUESTIONING WHY WE ARE ESSENTIAL. HOW CAN I BEST EXPLAIN THIS?
A: IF AN EMPLOYEE COMPLAINS ABOUT A BUSINESS REMAINING OPEN, EXPLAIN TO THEM WHY, ENSURE THEY UNDERSTAND ALL THE PRECAUTIONS BEING TAKEN, AND FOLLOW THESE STANDARD PROCEDURES CONCERNING EMPLOYEE COMPLAINTS.
 
Q: WHAT IS THE DEPARTMENT OF LABOR DOING TO ENSURE WORKPLACE SAFETY RELATED TO COVID-19?
A: THE OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION (OSHA) WHICH IS PART OF THE DOL, HAS ISSUED A TEMPORARY ENFORCEMENT PLAN TO GUIDE OSHA FIELD OFFICES DEALING WITH CORONAVIRUS-RELATED WORKPLACE SAFETY INCIDENTS. IT INCLUDES HOW OSHA SHOULD ASSESS THE COVID-19 RISK LEVEL OF A PARTICULAR WORKPLACE TO DETERMINE IF IT SHOULD BE PUSHED TO THE TOP OF THE ENFORCEMENT PRIORITY LIST.
 
Q: ARE EMPLOYERS SUPPOSED TO RECORD COVID-19 CASES AS ILLNESSES ON THE OSHA FORM 300?
A: COVID-19 IS A RESPIRATORY ILLNESS AND SHOULD BE CODED AS SUCH ON THE OSHA FORM 300 IF WORKPLACE RELATED. IF AN EMPLOYEE VOLUNTARILY REQUESTS THAT HIS OR HER NAME NOT BE ENTERED ON THE LOG, THE EMPLOYER MUST COMPLY. 
 
Q: IS THERE A ONE-STOP FOR EMPLOYERS TO ACCESS ALL THE FAQS, WEBINARS, POSTERS, ETC. AROUND THE NEW PAID AND EXPANDED LEAVE RULES, AND OTHER FLSA CONSIDERATIONS?
A: YES, THE WAGE AND HOUR DIVISION OF THE DOL HAS POSTED IT ALL HERE.  
 
Q: HOW CAN EMPLOYERS GET SOME QUESTIONS ANSWERED FOR FREE BY A LAWYER?
A: JACKSON LEWIS IS CONDUCTING FREE DAILY WEBINARS WITH TEN MINUTES OF LEGAL UPDATES TAILORED TO EMPLOYERS, FOLLOWED BY 20 MINUTES OF Q&A. REGISTER HERE.
 
Q: HOW CAN EMPLOYERS ACCESS SOME KEY CORONAVIRUS POLICIES AND LETTER TEMPLATES? A: XPERT HR IS OFFERING TOOLS AND SAMPLES SUCH AS AN INFECTIOUS DISEASE POLICY, A  CORONAVIRUS (COVID-19) PANDEMIC WAGE-REDUCTION LETTER, A COVID-19 PANDEMIC FURLOUGH LETTER. A POSSIBLE EMPLOYEE EXPOSURE TO COVID-19 LETTER, ETC. 

Q: THIS PANDEMIC SEEMS RIFE FOR COMPANIES WITH BAD INTENTIONS TO COLLUDE AND DEPRIVE WORKERS OF COMPETITIVE COMPENSATION FOR THEIR HARD WORK. WHAT’S BEING DONE TO PREVENT THAT?
A: THE U.S. DEPARTMENT OF JUSTICE AND THE FEDERAL TRADE COMMISSION ANNOUNCED THEY WILL BE “ON ALERT” FOR EMPLOYERS, STAFFING COMPANIES AND RECRUITERS WHO ENGAGE IN ANTI-COMPETITIVE CONDUCT IN LABOR MARKETS, LIKE AGREEMENTS AMONGST COMPETITORS TO SHARE INFORMATION AND COLLUDE TO LOWER WAGES OR TO REDUCE SALARIES.
 
Q: WE HAVE SOME NEW EMPLOYEES STARTING BUT I CAN’T BE THERE TO REVIEW DOCUMENTS FOR I-9S IN PERSON. WHAT DO I DO?
A: THE DEPARTMENT OF HOMELAND SECURITY ANNOUNCED THEY WOULD PERMIT REMOTE DOCUMENT INSPECTION IF THE WORKPLACE IS OPERATING REMOTELY AND THERE ARE NO EMPLOYEES PHYSICALLY PRESENT AT THE LOCATION. IF SO, YOU CAN INSPECT DOCUMENTS REMOTELY WITHIN 3 DAYS OF HIRE (EMAIL, VIDEO CONFERENCE, ETC.) YOU MUST PROVIDE WRITTEN DOCUMENTATION OF REMOTE ONBOARDING AND TELEWORK POLICY FOR EACH EMPLOYEE. ONCE YOU RESUME NORMAL BUSINESS OPERATIONS, THE DOCUMENTS MUST BE INSPECTED IN PERSON WITHIN THREE DAYS. (THANKS TO ALICE RIETHMAN) 
 
Q: ARE THERE ANY OTHER FINANCIAL OPPORTUNITIES WE CAN LEVERAGE FOR OUR EMPLOYEES? 
A: YES. FOR THE FIRST TIME, EMPLOYERS MAY REIMBURSE UP TO $5,250 THIS YEAR FOR AN EMPLOYEE’S STUDENT LOAN PAYMENTS TAX FREE UNDER THE CARES ACT.  LIKE ADVANCING PAID TIME OFF OR ACCRUED VACATION TIME – TO GIVE EMPLOYEES A LITTLE EXTRA MONEY IN THEIR POCKET TO COVER UNPLANNED EXPENSES. YOU CAN ALSO HELP THEM ACCESS A LOAN WITHOUT USING A CREDIT SCORE AS PART OF THE PROCESS AND WITH NO COST OR FINANCIAL RISK TO EMPLOYERS. SOME CAN BE REPAID VIA PAYROLL DEDUCTION LIKE THE TRUE CONNECT EMPLOYEE LOAN. 
 
Q: UNEMPLOYMENT IS OBVIOUSLY ON THE RISE ACROSS THE COUNTRY. HOW CAN I FIND INFORMATION ON HOW IT LOOKS IN THE INDIVIDUAL STATES?
A: THE US BUREAU OF LABOR STATISTICS PUTS OUT A MONTHLY REPORT ON EACH STATE’S EMPLOYMENT AND UNEMPLOYMENT RATES. 
 
Q: HOW IS ALL THIS GOING TO CHANGE WORKPLACES AND THE WAY PEOPLE WORK ONCE THINGS REOPEN?
A: EMPLOYEES MAY RETURN TO WORKPLACES THAT LOOK RADICALLY DIFFERENT FROM WHAT THEY REMEMBER, WITH COMPANIES LEANING MORE HEAVILY ON TELEWORK, SAFETY GEAR LIKE MASKS BECOMING MORE UBIQUITOUS AND OFFICES GETTING REDESIGNED TO SPREAD PEOPLE OUT.
 
Q: IN ADDITION TO PRACTICING HAND-WASHING HYGIENE, HOW CAN WE PRACTICE GOOD MENTAL HYGIENE? 
A: ACCORDING TO PSYCHIATRIST JUD BREWER, “FEAR IS HEALTHY. ANXIETY AND PANIC ARE THE OPPOSITE.”  HERE ARE TWO SIMPLE PRACTICES YOU CAN PLAY WITH TODAY TO KEEP YOUR PREFRONTAL CORTEX ONLINE SO YOU CAN THINK.
 
Q: I FEEL PRESSURE TO BE PRODUCTIVE SINCE I’VE GOT MORE DOWN TIME, I’M HAVING TROUBLE FOCUSING AND FINDING THE MOTIVATION. SHOULD I BE DOING MORE?
A: NOT NECESSARILY, AND LET THAT BE OK. A TRAUMA PSYCHOLOGIST FROM BEIRUT WEIGHED IN ON THIS IDEA THAT WE SHOULD BE EXTRA PRODUCTIVE RIGHT NOW, AND SHE DIDN'T MINCE WORDS.