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EPIC Workers’ Compensation Claims Advocacy

… was during their employment by a preponderance of evidence. It may be difficult to prove that the exposure to COVID-19 was contracted during work activities versus non-work activities. However, in some cases, job location and the nature of their job could help in sorting out the alleged industrial exposure. Public safety and health employees have the benefit of a presumption of industrial injury respecting certain medical conditions. In most cases, we would expect these claims would be compensable. EMPLOYER’S RESPONSIBILITY Employers should provide employees with CDC guidelines that both explain how to limit the potential spread …

https://www.epicbrokers.com/insights/epics-workers-compensation-claims-advocacy/

DOL Releases Additional FFCRA FAQ

… home. Is it “closed”? Yes. If the physical location where your child received instruction or care is now closed, the school or place of care is “closed” for purposes of paid sick leave and expanded family and medical leave. This is true even if some or all instruction is being provided online or whether, through another format such as “distance learning,” your child is still expected or required to complete assignments. Leave Coordination Clarifications May I take paid sick leave or expanded family and medical leave if I am receiving workers’ compensation or temporary disability benefits through an employer …

https://www.epicbrokers.com/insights/dol-releases-additional-ffcra-faq/

DOL Releases Updated FFCRA FAQ

… may be taking unpaid leave that runs concurrently with paid sick leave if taken for the same reason. Telework Questions When am I able to telework under the FFCRA? You may telework when your employer permits or allows you to perform work while you are at home or at a location other than your normal workplace. Telework is work for which normal wages must be paid and is not compensated under the paid leave provisions of the FFCRA. What does it mean to be unable to work, including telework for COVID-19 related reasons? You are unable to work if …

https://www.epicbrokers.com/insights/dol-releases-updated-ffcra-faq/

CARES Act Addresses COVID-19 Economic Crisis

… process under that law. Businesses with fewer than 500 employees can get a loan for a period between February 15, 2020, and June 15, 2020. Also, a hospitality business with a NAICS Code 72 can get a loan as long as it employs no more than 500 employees per physical location. Moreover, franchisees and certain other businesses who receive financial aid from an SBA-licensed small business venture company are eligible for these new loans. These loans will be capped at the lesser of average monthly payroll costs during the previous year times 2.5 or $10 million and will …

https://www.epicbrokers.com/insights/cares-act-addresses-covid-19-economic-crisis/

Coronavirus Is a Major Challenge to Employers and Human Resource Professionals

… that’s a lot of potential death claim exposure should an outbreak occur with a large employer. I would expect that life insurers will take a proactive approach should an outbreak occur in a location with a great deal of life insurance claim exposure. Federal and state governments are going to have a lot to say about coronavirus as well. Earlier this week, Governor Cuomo of New York issued an order requiring New York State insurers to waive any cost-sharing associated with coronavirus testing and any cost-sharing for a vaccine when it is developed. This makes sense …

https://www.epicbrokers.com/insights/coronavirus-is-a-major-challenge-to-employers-and-human-resource-professionals/

Covering Coronavirus: Risk Considerations Volume 1, Issue 1

… a covered peril. As most Property policies do not consider disease or virus to be covered perils, the associated time element clauses in the policy will not apply. Even with a specific Infectious or Communicable Disease coverage clause in the policy, coverage is limited to actual exposure at an owned location. An occurrence at a supplier or customer location will not trigger coverage. Policy wording will be tested as the effects of coronavirus work their way around the world and through the insurance industry. Even if policies do not contain specific coverage for disease, we recommend the following: Track any …

https://www.epicbrokers.com/insights/covering-coronavirus-risk-considerations-volume-1-issue-1/

Can ICHRAs Be Used to Make Healthcare a Defined Contribution Benefit?

… the plan they select, making the entire premium tax-advantaged. The ICHRA can be structured to meet ACA coverage and affordability guidelines. In 2020, the individual’s share of the cost of self-only coverage cannot exceed 9.78% of household income. The Internal Revenue Service (IRS) has provided employer location-based safe harbor to make this a bit easier to administer, allowing employers to use their location rather than the employee’s residence address to determine the lowest-cost silver medal plan upon which to base contributions. Also, the Centers for Medicare & Medicaid Services (CMS) has developed a calculator …

https://www.epicbrokers.com/insights/can-ichras-be-used-to-make-healthcare-a-defined-contribution-benefit/

Compliance Alert: ACA Affordability Safe Harbors: A Primer

… recognized this challenge and created three safe harbors for employers to determine whether they have offered affordable coverage. An employer has the option to choose any of the three affordability safe harbors as long as it applies the safe harbor consistently and uniformly to all employees in an acceptable category. The IRS has stated that acceptable classes include specified job classifications, hourly vs. salaried, geographic location or any other legitimate business criteria. Listing employees by name is not an acceptable classification. An employer is not forever locked into a safe harbor; it may choose a different safe harbor in the

https://www.epicbrokers.com/insights/compliance-alert-aca-affordability-safe-harbors-a-primer/