Resources

ALERT: DOL wage and hour audits on COVID pay

 By: Rebecca Schach

We have received reports that DOL Wage and Hour Division investigators are contacting Ag employers to audit wages on Coronavirus COVID-19 leave. Although no official taskforce has been announced, our office has been tracking WHD investigations across the country related to COVID-19. In the last week alone, WHD has boasted almost $10,000 in back wages to employees for alleged violations of the Families First Coronavirus Response Act (FFCRA). Although in peak many of our Ag employers are not subject to FFCRA, Ag employers with H-2A workers must be vigilant and prepared for desk audits.

COUNSEL TO MANAGEMENT:

We understand that peak season is a critical time however even clerical errors can expose employers to potential liability. The best practice is to use a medical leave designation form and checklist on each request for leave to ensure that the appropriate triggering requirements are met and workers are paid accordingly. If your payroll and human resource departments function separately, employers should work closely with counsel to develop procedures for COVID-related leave requests. If you have questions about COVID-related leave designation and/or wage statement compliance contact the experts at The Saqui Law Group, a division of Dowling Aaron Incorporated.

FDA Employee Health and Food Safety Checklist

 By: The Saqui Law Group

The Food and Drug Administration (FDA) and the Occupational Safety and Health Administration (OSHA) are providing this checklist for FDA-regulated human and animal food operations to use when assessing operations during the COVID-19 pandemic.

ALERT: Cal/OSHA Reminds Employers to Protect Workers from Unhealthy Air due to Wildfire Smoke

 By: The Saqui Law Group

Cal/OSHA is reminding employers that California’s protection from wildfire smoke standard is still in effect, and they must take steps to protect their workers from harmful exposure to unhealthy air due to wildfire smoke. For more information and to read the news release, click here.

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