If schools in your public school district are physically closed and there is no virtual learning requirement, your school would not sit under the FLSA. The Ministry`s regulations on child labour set standards for young employees in agriculture. These standards differ for non-agricultural occupations. In agriculture, a child under the age of 16 is allowed to work „outside school hours“ of the public school district where he or she lives while employed. Young people aged 14 and 15 may work outside school hours in occupations not considered dangerous by the Minister of Labour, while minors aged 12 and 13 may work outside school hours in non-hazardous jobs on farms that also employ their parents. or with the written consent of their parents. See 29 U.S.C. § 213 (c) (1) (c); 29 C.F.R. § 570.123(b) (definition of „outside school hours“ as „periods before or after school hours, holidays, summer vacations, Sundays, or other days when the school does not meet for the district in which the minor lives“), Fact Sheet #12: www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs12.pdf and Fact Sheet #40: www.dol.gov/sites/dolgov/files/WHD/legacy/files/whdfs40.pdf.
The FLSA does not place any restrictions on your employer that allow you to take your child to work. As long as your child does not work for your employer, he or she is not an employee and therefore not subject to the RSA, including its minimum wage, overtime and child labour requirements. When it comes to your work, your employer is required to pay you for all the hours you work. It depends on your employer`s obligation under the RSA to pay you for all the hours you work, including the time before your regular hours start if the task you need to perform is necessary for the work you do. For many workers, a temperature check must be paid for before they start work, as it is necessary for their work. For example, if a nurse providing direct patient care in a hospital needs to check her temperature upon arrival at the hospital before her shift, the time she spends checking her temperature upon entering the site is likely to be compensable, as such a task is necessary for her to perform her job safely and effectively during the pandemic. In other words, temperature control is an integral part and is indispensable to the nurse`s work. Other laws may provide better protection for workers, and employers must comply with all applicable federal, state, and local laws. Even outside of regulations, the actual terms of an employer`s health plan may require coverage for tests performed for employment purposes.
While previous DOL guidelines stated that a group health plan cannot cover certain types of tests performed solely to determine eligibility for work, case law and new DOL guidelines suggest otherwise. Employees can request an extension that an employer must consider, especially if existing government restrictions are extended or new restrictions are imposed. Generally, for non-farm employment purposes, school is considered to take place during a week during which the public school district where the child lives requires its students to attend school either physically or through virtual or distance learning. See Field Assistance Bulletin No. 2020-3: www.dol.gov/sites/dolgov/files/WHD/legacy/files/fab_2020_3.pdf. No. Whenever an employee requests reasonable accommodation, the employer has the right to understand the disability-related limitation that requires accommodation. If there is no disability-related limitation that requires telework, the employer is not required to provide telework as an accommodation. Or, if there is a disability-related disability, but the employer can effectively respond to the need with another form of reasonable accommodation in the workplace, the employer may choose this alternative to telework.
There may be reasonable precautions that could protect a person whose disability puts them at increased risk of COVID-19 and who therefore requests such measures to eliminate a possible exposure. Despite the restrictions imposed by a pandemic, some accommodations can temporarily meet a worker`s needs without increasing the burden on the employer. WHD encourages employers to be accommodating and flexible with workers affected by quarantines following exposure to COVID-19. Employers may offer these workers alternative work arrangements, such as telework and additional paid leave, during a quarantine period if they are unable to telework. E.2. Are there steps an employer should take to address potential harassment and discrimination against employees when the workplace reopens? (17.04.20) Under the ADA, a COVID-19 virus test is considered a medical examination, meaning that an employer requiring such testing for employees to enter or remain on site must ensure that COVID-19 tests are „job-related and consistent with the needs of the business.“ This is consistent with the EEOC`s pre-COVID guidelines for medical examination of employees. In these guidelines, the EEOC stated that a medical examination of the employee may be related to the workplace and consistent with the needs of the business if objective evidence shows that the employer reasonably believes that the employee`s ability to perform essential work duties is impaired by a medical condition or that the worker poses a „direct threat“ – that is, a significant risk of harming – to self or others. In cases where telework is provided as a reasonable accommodation for a qualified person with a disability, or where required by a union or employment contract, your employer must pay you the same hourly rate or wage. In this regard, an investigation by Willis Towers Watson (prior to the OSHA Supreme Court decision) found that many employers plan to offer Covid-19 testing on a weekly basis. Some states and local authorities are also considering „vaccination or testing“ mandates for employers. D.14. If an employer requires some or all of its employees to telework due to COVID-19, or if government officials require employers to close their facilities and employees to telework, is the employer required to provide a telework worker with the same reasonable accommodation under the ADA or the Rehabilitation Act as it provides to that person in the workplace? (08.09.20; adapted from question 20 of the webinar of 27/03/20) As health officials and doctors learn more about COVID-19, they can expand the list of associated symptoms.