Employment Law and HR
HR and Employment Law Resources
As you are looking to make some business decisions with issues impacting your business, please take a look at the following options that may be available for you. The Frisco Chamber of Commerce is diligently working to continuously update this page as legislation is passed and information is received. Our goal is to provide easy-to-understand explanations of how the resources found here impact individuals and different-sized businesses, by providing toolkits and links to much-needed documents!
We recommend extreme caution when deciding to replace an employee who refuses to work because of concerns about COVID-19. Generally, employees do not have a right to refuse to work based only on a generalized fear of becoming ill if their fear is not based on objective evidence of possible exposure. However, under the current circumstances, where COVID-19 continues to be a threat across the country, we think it would be difficult to show that employees have no reason to fear coming in to work, particularly but not exclusively in a location with a shelter-in-place rule. Returning employees may also have certain rights under state and federal law. Here are few things to keep in mind...Read more
Texas Workforce Commission - Resources for EmployersAt present, the U.S. government and Texas legislature have not changed any laws or rules concerning unemployment benefits during the pandemic. However, Department of Labor guidance provides that federal law permits significant flexibility for states to provide Unemployment Insurance (UI) services related to COVID-19. Based on this, TWC will be waiving work search requirements for all claimants and the waiting week for those claimants affected by COVID-19. Also, Extended Benefits (EB) and Disaster Unemployment Assistance (DUA) are NOT available at this time.
Texas Workforce Commission Encourages Employers to Enrolled in Shared Work Program
The Texas Workforce Commission (TWC) encourages employers to enroll in Shared Work program as an alternative to layoffs. The voluntary Shared Work program was developed to help Texas employers and employees withstand a slowdown in business such as the impact of COVID-19.
Shared Work allows employers to supplement their employees’ wages lost because of reduced work hours with partial unemployment benefits. Under the program employers can reduce normal weekly work hours for employees in an affected unit by at least 10 percent but not more than 40 percent. Shared Work unemployment benefits are payable to employees who qualify for and participate in an approved Shared Work Plan. Workers may choose not to participate. Employees who qualify will receive both wages and Shared Work unemployment benefits.
The employer can use the Shared Work Plan only for employees whose hours have been reduced. Shared Work benefits can be paid only for wages lost because of a reduction in the employee's regular hours. Regular hours may not exceed 40 hours. An employee who normally works overtime may not receive shared work benefits for a reduction in their overtime hours.
- Submit their unemployment claims on Unemployment Benefits Services
- Be eligible for regular unemployment benefits
- Accept all work offered by the participating employer
- Be able and available for work with the employer
For more information on the Shared Work Program or to apply for the program, click here.
Coronavirus Response Act
You can view an overview of the Coronavirus Response Act here courtesy of Lone Star Benefits, Inc. and Simon | Paschal, PLLC. Included are updates on:
- Emergency Paid Sick Leave Act (effective 4/1/20)
- Emergency Family and Medical Leave Expansion Act (effective 4/1/20)
- Emergency Unemployment Insurance Stabilization and Access Act of 2020
- Existing Laws, Q&A and HDHP's - (COVID-19)
The Department of Labor has indicated that they will not institute enforcement against companies for purported violations of the law through April 17, 2020 as long as employers are attempting good faith compliance with the law. This generally means that employers must remedy any violations about which they become aware, not engage in any willful violations, and confirm to the DOL in writing that they will comply with the law (in the event of notification of a violation). We only outline this to let you know that there will be some breathing room for you since the regulations interpreting the law won't be released until early April. Read the DOL bulletin here.
The DOL has released the required poster/notice related to the new law. It must be placed in a conspicuous place in the workplace, be emailed or direct mailed to employees, or posted on an internal or external website available to employees. Download the most current FMLA Poster here.
Watch "Conversation at the Chamber Episode 4" which covers important employment law and health benefit updates.
Coronavirus Paid Leave Program - Employer Guide
The Families First Coronavirus Response Act created new temporary paid sick leave and paid Family and Medical Leave Act (FMLA) programs that are 100% reimbursable by the federal government. The effective date of both programs is April 1, 2020 and they expire on December 31, 2020.
Both programs are in addition to any leave you already offer. View this guide here.
Dallas HR - Complimentary Resources for all HR Practitioners
A moment like this is difficult on many when information changes daily and the lives and livelihood of our community is drastically different. During these unprecedented times, DallasHR is committing to support any local human resource practitioner by offering complimentary services traditionally provided to our members only. Beginning now until June 1, the Chapter is offering all practicing human resource professionals many of the benefits our members utilize on a daily basis. Click here for more information.