Critical Staffing Issues During a Bioevent Marjorie Fochtman, Esq. Joshua M. Henderson, Esq. Nixon Peabody LLP.

Critical Staffing Issues During a Bioevent

Marjorie Fochtman, Esq.Joshua M. Henderson, Esq.

Nixon Peabody LLP

Communications with Employees

Drafting a Communicable Disease Policy

Communicating with the ill employee Communications when a large

percentage of the workforce is struck Communicating the shutdown

decision

Communications with Employees

What should be included in a Communicable Disease Policy? Prevention Risk Factors Symptoms Procedures

Communications with Employees

Communicating with the ill employee Balancing the right to privacy versus

the need to know

HIPAA California confidentiality of medical

information

Communications with Employees

Communicating with the ill employee Leave rights and responsibilities:

Workers’ compensation Sick leave / short-term disability Vacation FMLA

Communications with Employees

When a large percentage of the workforce is struck Maintaining a healthy workforce while

covering key positions

Communications with Employees

When the employer must shut down Communicating the shutdown decision

Wage and Hour Issues for Exempt Employees

Salary basis issues for exempt employees

Exempt employees performingnon-exempt work

Wage and Hour Issues for Exempt Employees

Exempt employees must be paid on a “salary basis”

Salary can be docked under only very limited circumstances Full-day absences for personal/vacation

leave Full-day absences for sick leave if

employeehas bona-fide sick leave plan

But not for partial-week shutdown

Wage and Hour Issues for Exempt Employees

Consequence of violation:lose exempt status

If exempt employees perform non-exempt work, exempt status may be in jeopardy California 51% rule Workweek analysis

Wage and Hour Issues for Non-Exempt Employees

Time and a half: After 40 hours in a

week After 8 hours in a

day For the first 8

hours on the 7th consecutive day in the workweek

Double time: After 12 hours in a

day After 8 hours on the

7th consecutive day in the workweek

Salaried non-exempt: hourly Salaried non-exempt: hourly rate is 1/40 weekly salaryrate is 1/40 weekly salary

Overtime and Other Wage and Hour Issues

Alternative workweek schedules Upon their employer’s proposal,

employees may adopt regularly scheduled alternative workweek that authorizes work by the affected employees for no longer than 10 hours per day within a 40-hour workweek without payment of overtime compensation

Requires secret-ballot election, approval by at least 2/3 of affected employees in work unit

Overtime and Other Wage and Hour Issues

Physician Compensation: California Labor Code Section 515.6 If not paid on a salary basis, licensed

physicians or surgeons who earn $61.65/hour (as of 1/1/06) or more are not entitled to overtime pay, except employees in a medical internship or resident program, or physicians covered by a collective bargaining agreement

Overtime and OtherWage and Hour Issues

Overtime to cover for absent employees

Overtime and Other Wage and Hour Issues

Required use of time off: Sick leave Vacation / PTO

Leaves of Absence

FMLA/CFRA Issues Absenteeism

Contingent Workforce and Emergency/Supplemental

Staffing

Background checks Unionized employer – Obligations

under Collective Bargaining Agreement

Alternative Workplace Issues

Work from home issues Travel time for non-exempt

employees if longer commute to alternative workplace (outside of home)

Indemnification obligation under Labor Code section 2802 for longer commute

Managing Travel Restrictions

Finding alternatives to getting work done

Teleconferencing, alternative ways to communicate

CDC travel advisories, restrictions

Benefit Programs

Workers’ Compensation Health Care Disability Benefit Plans SDI

Benefit Programs

Paid family leave EAP programs Grief counselors

Thank you

Marjorie Fochtman, Esq.

Joshua M. Henderson, Esq.Nixon Peabody LLP

Two Embarcadero Center, Suite 2700

San Francisco, CA 94111

Tel: (415) 984-8450 – Fax: (415) 984-8300

E-mail: [email protected]

[email protected]