State and Federal Resources

Click below to access all the latest COVID-19 updates and most important sources:

TOOLKIT FOR COVID-19

Disclaimer: While some portions can be used as is, it is strongly recommended that each of these documents are carefully reviewed to determine whether they should be appropriately customized to your company’s unique business, workforce, and specific situation; as well as to any applicable changes in federal, state, and local laws, regulations, guidance, and guidelines set forth by the governing agencies. The information and resources provided in this communication are not a substitute for experienced legal counsel and does not constitute legal advice or attempt to address the numerous factual issues that inevitably arise in any employment-related dispute. Any documents referenced here are sample resources based upon HR best practices and procedures. We recommend you consult an attorney for legal guidance. For our clients who have HR services including an assigned HR business partner, please reach out to your HR contact if you require any assistance in navigating through these resources and how any sample template can be utilized and uniquely customized for your particular situation. The templates contained herein are not all-inclusive. We have additional documents for our clients addressing multiple circumstances.

  1. Sample Return to Work from Furlough Policy
  2. Sample Return to Work Checklist
  3. Sample Return to Work Certificate
  4. Sample Protocol for Permitting COVID-19 Positive or Quarantined Employee to Return to Work
  5. Sample Protocol For Confirmed Or Probable Case Of Covid-19 In The Workplace
  6. Sample Posting to Keep Surfaces Clean to Kill COVID-19
  7. Sample Physical Distancing Poster
  8. Sample Notice to Employee Regarding COVID-19 (no quarantine)
  9. Sample Notice to Employee Regarding COVID-19 (advising to quarantine)
  10. Sample Letter for Essential Employees who Commute to Work
  11. Sample Interactive Process Checklist for ADA Accommodation Requests – Note: Clients with HR services can consult their HR Business Partner to further guide through this process.
  12. Sample General Refusal to Return to Work Form – HR or Management Use
  13. Sample FFCRA Employee Leave Request Form
  14. Sample FFCRA Leave Approval Designation Notice
  15. Sample Employee Travel Policy
  16. Sample Employee Temperature-Screening Record
  17. Sample Employee Temperature Screening Policy
  18. Sample Emergency Work from Home Policy
  19. Sample Emergency COVID-19 Leave Policy
  20. Sample COVID-19 Self-Screening Questionnaire – Form
  21. Sample COVID-19 Employee Self-Screening Form
  22. Sample COVID-19 Employee Health Screening Log for Onsite Screening
  23. Sample Consent And Release Form For Health Screening
  24. Sample Furlough Recall Letter
  25. Federal Osha Guidelines To Determine If Covid-19 Case Should Be Recorded
  26. CDC Wash-Your-Hands-Poster-Spanish
  27. CDC Wash-Your-Hands-Poster-English
  28. CDC Handwashing-Poster-Spanish
  29. CDC Handwashing-Poster-English
  30. Sample Responding to a Positive COVID-19 Test Checklist
  31. Returning to Work Post COVID-19 Complete Toolkit

FEDERAL AND MULTI-STATE RESOURCES

Due to the ongoing pandemic, many governors across the country have been issuing frequent executive orders. Provided is a list of each governor’s website, where their executive orders may be found.

State

Governor’s Website

Alabama

https://governor.alabama.gov/

Alaska

https://gov.alaska.gov/

Arizona

https://azgovernor.gov/

Arkansas

https://www.governor.arkansas.gov/

California

https://www.gov.ca.gov/

Colorado

https://www.colorado.gov/governor/

Connecticut

https://portal.ct.gov/governor/

Delaware

https://governor.delaware.gov/

Florida

https://www.flgov.com/

Georgia

https://gov.georgia.gov/

Hawaii

https://governor.hawaii.gov/

Idaho

https://gov.idaho.gov/

Illinois

https://www2.illinois.gov/sites/gov/Pages/default.aspx

Indiana

https://www.in.gov/gov/index.htm

Iowa

https://governor.iowa.gov/

Kansas

https://governor.kansas.gov/

Kentucky

https://governor.ky.gov/

Louisiana

https://gov.louisiana.gov/

Maine

https://www.maine.gov/governor/mills/

Maryland

https://governor.maryland.gov/

Massachusetts

https://www.mass.gov/orgs/office-of-the-governor

Michigan

https://www.michigan.gov/whitmer

Minnesota

https://mn.gov/governor/

Mississippi

https://governorreeves.ms.gov/

Missouri

https://governor.mo.gov/

Montana

http://governor.mt.gov/

Nebraska

https://governor.nebraska.gov/

Nevada

http://gov.nv.gov/

New Hampshire

https://www.governor.nh.gov/

New Jersey

https://www.state.nj.us/governor/

New Mexico

https://www.governor.state.nm.us/

New York

https://www.governor.ny.gov/

North Carolina

https://governor.nc.gov/

North Dakota

https://www.governor.nd.gov/

Ohio

https://governor.ohio.gov/wps/portal/gov/governor/

Oklahoma

https://www.governor.ok.gov/

Oregon

https://www.oregon.gov/gov/pages/index.aspx

Pennsylvania

https://www.governor.pa.gov/

Rhode Island

https://governor.ri.gov/

South Carolina

https://governor.sc.gov/

South Dakota

https://governor.sd.gov/

Tennessee

https://www.tn.gov/governor

Texas

https://gov.texas.gov/

Utah

https://governor.utah.gov/

Vermont

https://governor.vermont.gov/

Virginia

https://www.governor.virginia.gov/

Washington

https://www.governor.wa.gov/

West Virginia

https://governor.wv.gov/Pages/default.aspx

Wisconsin

https://evers.wi.gov/Pages/Home.aspx

Wyoming

https://governor.wyo.gov/

Multiple states have now passed legislation, or are in the process of passing legislation, that will shield businesses from litigation regarding transmission of COVID-19 in the workplace. The legislation varies in how much it encompasses for each state, with some states only protecting businesses that are considered essential (ex: Medical care providers, and businesses acting in the food supply chain), while other states are creating standards specifically for COVID-19. The table provided below will include links to the legislation for each respective state.

State

Status (Up to date as of 8/25/20)

Name/Link

Alabama

In effect

Executive Order

Arizona

Proposed

HB 2912

Arkansas

In effect for the duration of the state of emergency

Executive Order 20-33

Georgia

In effect

SB. 359

Illinois

Proposed

SB 3989

Iowa

In effect

SF 2338

Kansas

In effect

HB 2016

Louisiana

In effect

HB 508

Massachusetts

Proposed

HD 5163

Michigan

Proposed

SB 2023

Mississippi

In effect for the duration of the state of emergency

HB 1783

New Jersey

Proposed

A 4388

New York

Proposed

A 10887

North Carolina

In effect

SB 704

Ohio

Proposed

HB 606

Oklahoma

In effect

SB 1946

South Carolina

Proposed (Still in committee)

N/A

Utah

In effect

SB 307

You can find the most recent updates regarding interstate commerce issues by the DOT here.

All federal resources available to small businesses have been grouped together by the government here.

Immigrations Customs Enforcement has a page covering all their COVID-19 policies here.

The Environmental Protection Agency has collected their COVID-19 information into one place, here.

The USDA’s webpage about their COVID-19 information and practices can be found here

A comprehensive map of all active state travel restrictions can be found here.

For federal advisories related to COVID-19 and international travel use this website. (You may need to reload the page if it does not open on the first try.)

AAA has provided an interactive map showing the travel restrictions in the United States and Canada, found here.

Please check with your local city/county, but a good summary of facemask requirements by state can be found here and here. Please be aware that multiple states are requiring citizens to wear face coverings while in public places. The linked sources are up to date as of August 26, 2020.

Please check with your local city/county. A detailed interactive map of the entire United States can be found here (Zoom in on any state and city in the map to locate testing sites and place your mouse cursor over any of the marked areas for the information). A very detailed interactive map of California’s testing sites can be found here.

Please check with your local city/county as this chart does not include requirements at a local level. A breakdown of all is found here.

Please check with your local city/county officials.

  1. A website providing links and information about each state’s health departments, mask mandates, school closures, and other restrictions can be found here.
  2. The NY Times has a useful page showing the status of each state regarding their re-opening or closing status, found here (if somehow prompted, you can bypass subscription if prompted by continuing through and choosing not to subscribe).
  3. Holland and Knight has also compiled a list of states and their COVID-related orders, found here.
  4. The National Governors Association has released a table providing links to statements made by each state regarding businesses re-opening, found here.
  5. A full list of statewide Return to Work protocols can be found here.

District Court Strikes FFCRA Final Rules and Sides with State of New York

On April 1, 2020, the Department of Labor (DOL) issued its Final Rule regarding the implementation of the Families First Coronavirus Response Act (FFCRA). On April 14, the State of New York brought suit against the DOL under the Administrative Procedure Act (“APA”), claiming four key features of the DOL’s Final Rule exceeded the agency’s authority under the APA and unduly restricted paid leave for employees. On August 3, 2020, the U.S. District Court for the Southern District of New York, in a decision rendered by Judge J. Paul Oetken, largely agreed with the State of New York and struck down the contested rules.

The decision in State of New York v. U.S. Department of Labor, et al. strikes down the Final Rule’s provisions that: 1) require employees to provide documentation before taking FFCRA leave; 2) require an employee to secure employer consent for intermittent leave; 3) exclude employees from FFCRA benefits if their employers do not have work available for them; and 4) broadly defines the term “health care provider.

A more detailed breakdown of the Final rule’s provisions that were struck down can be found here.

 

CDC Provides Communication Plan for Non-healthcare Critical Infrastructure Employees

The CDC has created a communication plan that advises employers of the many ways they may try to reach out to employees during the pandemic. Note: This can be very useful for employers in areas with a right to rehire order in place, as employers are required to reach out to employees’ multiple times before hiring new employees to replace the previous employees.

The communication plan can be found here.

 

New Executive Memorandum Defers Some Payroll Taxes to End of December

President Donald Trump has signed and issued a new executive memorandum, “Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster”, as of August 8, 2020. This order defers payment of the 6.2 percent Social Security tax on most payrolls, to the end of December 31, 2020. The withholding deferral is to apply only with respect to employees with wages or compensation payable during a bi-weekly pay period that generally is less than $4,000, calculated on a pre-tax basis (or the equivalent amount with respect to other pay periods). Further guidance is needed to determine what the use of “generally” means in this context. The Secretary of the Treasury is directed to issue such guidance. The Secretary is also expected to “explore avenues, including legislation, to eliminate the obligation to pay the taxes deferred pursuant to the implementation of this memorandum.”

More can be read about the initial order here

 

IRS Issues New FAQ Confirms COVID-19 A Major Disaster for Leave Purposes

On August 3, 2020, the U.S. Internal Revenue Service (IRS) posted a set of frequently asked questions (FAQs) regarding the tax treatment of leave-sharing plans maintained by an employer to help its COVID-19 affected employees. The FAQs confirm that COVID-19 is a “major disaster” for purposes of IRS Notice 2006-59, which provides guidance on leave-sharing plans.

The New FAQ can be found here.

IRS Notice 2006-59 can be found here.

 

New Unemployment Program Created to Aid COVID-19 Impacted Workers

President Donald Trump has authorized the creation of the Lost Wage Assistance (LWA) Program to support individuals unemployed as a result of the COVID-19 pandemic. Under the LWA Program, the Federal Emergency Management Agency (FEMA) will provide grants to participating states, territories, and the District of Columbia to deliver lost wage assistance to unemployment recipients. Eligible unemployment recipients can receive up to $400 per week to supplement their unemployment benefits beginning August 1, 2020, although it may take several weeks before individuals receive such benefits. The LWA Program is intended to replace the Federal Pandemic Unemployment Compensation Program created by the CARES Act, which provided an additional $600 per week to individuals receiving unemployment benefits and expired the last workweek prior to July 31, 2020.

The LWA Program requires certain minimum requirements to be satisfied in order to receive the weekly supplement. To be eligible, an individual must receive at least $100 per week of any of the following benefits for the week they are seeking unemployment benefits:

  • Unemployment compensation
  • Pandemic Emergency Unemployment Compensation
  • Pandemic Unemployment Assistance
  • Extended Benefits
  • Short-Time Compensation
  • Trade Readjustment Allowance
  • Payments under the Self-Employment Assistant program

Additionally, individuals must provide self-certification that they are unemployed or partially unemployed due to disruptions caused by the COVID-19 pandemic.

The official memorandum can be read here.

 

COVID-19 and a New Hire’s Expired Identity Document

We just hired an employee who doesn’t have a current identity document. Her driver license expired on April 1, and she says that she hasn’t been able to renew it due to COVID-19. Can we hire her?

Yes. The U.S. Department of Homeland Security (DHS) issued a temporary policy beginning on May 1, 2020, that allows an identity document with an expiration date on or after March 1, 2020, to be accepted for I-9 purposes. DHS issued this policy due to COVID-19 closure of offices or reduced services that prevented individuals from renewing documents.

Identity documents for I-9 purposes include a driver license, federal- or state-issued identification card with identifying information and a photograph, or a school identification card with a photograph. If the employee’s identity document expired on or after March 1, 2020, and the document expiration date has been extended by the issuing agency due to COVID-19, then it may be used as a List B document.

Adding Note:

The expired document should be entered under Section 2 on the Form I-9 and “COVID-19” should be added to the Additional Information section. Employers also may attach to the Form I-9 a copy of the webpage or other notice indicating that the document has been extended.

The employee has 90 days after the DHS terminates this temporary policy to obtain and present a current document. When the employee obtains a new document, enter the new document’s number and expiration date in the Additional Information field, initial and date the change.

Confirm State Extensions:

Employers can confirm that a state has automatically extended the expiration date of its state IDs and driver licenses by checking the state motor vehicle administration websites.

Information on the California Department of Motor Vehicles extension for driver licenses may be found here.

The DHS will continue to monitor the ongoing COVID-19 national emergency and will provide updated guidance as needed. Employers may check for current updates by going to the U.S. Citizenship and Immigration Services (USCIS) website.

In response to the COVID-19 outbreak, the U.S. Centers for Disease Control and Prevention (CDC) has issued a variety of guidance documents, downloadable posters, and other printable resources:

Get the CDC guidance for specific industries, latest updates, and resources on the Coronavirus Disease 2019 (COVID-19) main page.

The U.S. Equal Employment Opportunity Commission (EEOC) has created a landing page entitled What You Should Know About the ADA, the Rehabilitation Act, and COVID-19, which provides FAQs, links to resources, and guidance.

The EEOC has provided guidance for employers to help them stay in compliance with EEOC laws while preparing for pandemics. The guidance can be found here.

In response to COVID-19, the Office of Civil Rights for the U.S. Department of Health and Human Services (HHS) issued a bulletin regarding HIPAA Privacy and COVID-19.

Mental Health and Coping page provides links to resources employers can share with employees as they navigate changes brought about by the pandemic.

Find resources and information on COVID-19 Testing, including types of testing, availability, and contact tracing.

The Human and Health Services department has compiled a guide on local community testing sites for COVID-19, here.

The Job Accommodation Network (JAN) Accommodation and Compliance: Coronavirus Disease 2019 (COVID-19) webpage links to resources for employers regarding the Americans with Disabilities Act (ADA) and coronavirus.

The National Governors Association (NGA) Coronavirus: What You Need to Know web page tracks state initiatives and other state data.

The U.S. Occupational Safety and Health Administration (OSHA) has created a COVID-19 website for workers and employers that addresses the disease and provides guidance and other resources for preventing exposure and infection.

OSHA has also issued the publication Guidance on Preparing Workplaces for COVID-19 (EnglishSpanish).

The U.S. Small Business Administration (SBA) has issued guidance entitled SBA Disaster Assistance in Response to the Coronavirus, explaining how the SBA is offering designated states and territories low-interest federal disaster loans for working capital to small businesses suffering substantial economic injury as a result of the coronavirus (COVID-19).

The SBA also offers Coronavirus (COVID-19): Small Business Guidance & Loan Resources and information on the Paycheck Protection Program.

Featured Resources
Travel Restrictions/Advisories
Mask-Wearing Requirements
Testing Sites
Legal HR Updates

STATE-SPECIFIC RESOURCES

While not meant to be an exhaustive list, click on the letter of your state below to see what resources have been made available for any specific state. 

Alabama

Department of Commerce

Department of Labor

 

Alaska

Department of Labor and Workforce Development

 

Arizona

Commerce Authority

Department of Economic Security

Department of Health Services

Arkansas

Department of Health

Economic Development Commission

Florida

Department of Economic Opportunity

Miami

City Government

Hawaii

Department of Health

Department of Labor and Industrial Relations

Louisiana

Economic Development

Workforce Commission

Maine

Department of Economic & Community Development

Department of Labor

Office of the Governor

Maryland

Department of Labor

State Government

Massachusetts

Department of Public Health

Executive Office of Housing and Economic Development

Labor and Workforce Development

Office of Attorney General

Michigan

Department of Health and Human Services

Economic Development Corporation

Minnesota

Department of Health

Department of Labor and Industry

Unemployment Insurance

Mississippi

Department of Employment Security

Missouri

Department of Labor & Industrial Relations

Montana

Department of Commerce

Department of Labor & Industry

Nebraska

Department of Labor

Nevada

Department of Health and Human Services

New Hampshire

Department of Business and Economic Affairs

Department of Health and Human Services

Governor’s Office

New Jersey

Department of Labor & Workforce Development

State Government

New Mexico

Department of Workforce Solutions

New York

New York State

Department of Health

Department of Labor

Office of the Attorney General

North Carolina

Department of Commerce and Employment Security

Department of Health and Human Services

COVID-19 Information Hub

Resources for Businesses

North Dakota

Department of Commerce

Department of Labor

Pennsylvania

Chamber of Business and Industry

Office of Unemployment Compensation

Rhode Island

Department of Health

Department of Labor and Training

Vermont

Agency of Commerce and Community Development

Department of Labor

State Government

Virginia

Employment Commission

State Government

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