COVID-19 Government Response and Resources

Make your voice heard as DOL implements the Families First Coronavirus Response Act. Provide your input here.

The safety of workplaces remains top of mind as we continue to manage through COVID-19. SHRM is your partner and guide through these unprecedented times, and you can access our regularly updated resources on SHRM.org. 

Read SHRM's analysis of recent Congressional action impacting workplaces:

The Emergency Families First Response to Coronavirus Act

Coronavirus Aid, Relief, and Economic Security Act or "CARES Act"

SHRM Influencing Policy:

SHRM sent a letter to the leaders of DHS, U.S. Citizenship and Immigrations Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) asking for relief for employers on COVID-19 and related I-9 verification and visa issues. Soon afterwards, DHS announced that it will ease certain requirements for employers as SHRM requested.

Below you will find a list of all recent SHRM webcasts that address COVID-19 and impacts to work, workers and the workplace. You can register to attend or attend on-demand using any of the below links.

• U.S. Immigration Policy and Coronavirus Update - April 13, 2020
  

• SHRM/CDC Update on COVID-19: Understanding What Has Happened and What Is Ahead - April 9, 2020
  

• Coronavirus, the Next Chapter: How the Economy and Business Will Be Impacted - April 2, 2020
  

• Families First Coronavirus Response Act - Making Sense of the Paid Leave Mandates - March 27, 2020
  
• COVID-19 & Manufacturing Operations: Immediate Best Practices - March 25, 2020
  
• COVID-19 Update: How to Keep Global Hiring Initiatives Running During Uncertain Times - March 24, 2020
  
• COVID-19: Fact, Fiction and How to Protect the Health of Globally Mobile Employees – March 19, 2020
  
• COVID-19: Next Round of Employer Challenges – March 18, 2020
  
• The Challenges of the Coronavirus in an Era of Mobility – March 12, 2020
  
• The COVID-19 Crisis: A California Perspective – March 11, 2020
  
• An Exclusive SHRM/CDC Update: How Business, Workers and Workplaces Should Respond to COVID-19 – March 10, 2020
  
• Coronavirus: Legal and Workplace Implications – March 5, 2020
  

Below is a listing of Congressional legislative activity designed to address the COVID-19 outbreak.  SHRM will continually update this section as Congress and President Trump come to terms with the various legislative relief packages currently under consideration.

• Trump Signs Coronavirus Relief Bill with Paid Leave Mandate
• SHRM's In-Depth Analysis of the emergency Families First Response to Coronavirus Act
• FAQs: The Families First Coronavirus Response Act (H.R. 6201)
• What Steps Has the Federal Government Taken to Address Coronavirus? (NGA)
  

Below is a listing of public resources compiled by certain SHRM strategic partners and others sources providing access to recent actions undertaken by various governors and state legislatures. With regard to the California resources listed, certain county and municipal entities' actions to address the COVID-19 outbreak are provided below. These listings are updated daily and are meant to be informational in nature and not meant to constitute legal advice in any way.

• State/Territorial Resource Page and Including Actions Taken by All 50 Governors (NGA)
  
• Recent State Actions on the Coronavirus Outbreak (NCSL)
  
• Current State Paid Sick Leave Laws and Benefits (NCSL)
  
• Current State Work Share Programs as an Alternative to Job Layoffs (NCSL)
• California-Specific Resources:
• Coronavirus Disease (COVID-19) – FAQs on laws enforced by the California Labor Commissioner's Office
• California Employment Development Department COVID-19 FAQs
• California Governor Newsom's Executive Order Enhancing State's Response to COVID-19
• California Work Share Program
• San Francisco Assistance & Guidance for Businesses and Workers Impacted by COVID-19
• San Francisco Mayor London Breed's Press Release on Providing Paid Sick Leave
• L.A. Times Article on Possibility of City of Los Angeles Increasing Paid Sick Leave
• County of Los Angeles Guidance for Employers
• San Diego Workforce Partnership COVID-19 Updates for Businesses
  

The White House and numerous agencies within the Trump Administration have issued guidance documents related to the COVID-19 outbreak. Below is a listing of those that could be of importance to HR professionals or the organizations that they serve.

White House

• White House Coronavirus Guidelines for America 
  

U.S. Census Bureau

• Census Bureau to suspend census field operations until April 1

U.S. Department of Labor

• Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)
  
• Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA)
  
• Families First Coronavirus Response Act Notice – Frequently Asked Questions
  
• Field Assistance Bulletin 2020-1: Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA)
  
• DOL ETA-Issued COVID-19 Unemployment Insurance Guidance 
  
• DOL COVID-19 Fair Labor Standards Act Questions and Answers 
• DOL COVID-19 Family and Medical Leave Act Questions and Answers 
• DOL COVID-19 Memorandum for Federal Contracts 
• DOL COVID-19 and the Workplace
  
• PERM Guidance
• U.S. Department Of Labor Publishes Guidance on Pandemic Unemployment Assistance
  

• Uniformed Services Employment and Reemployment Rights Act (USERRA) briefing document on COVID-19 
  

• Department of Labor Wage and Hour Division Issues Final Rule Providing Uniform Analysis forEmployers to Determine whether They Qualify as Retail or Service Establishments

Employee Benefits Security Administration (EBSA)

• DOL's EBSA FAQs About Families First Coronavirus Response Act and Coronavirus Aid, Relief, and Economic Security Act Implementation Part 42
  

Equal Employment Opportunity Commission (EEOC)

• EEOC's Field Offices have temporarily stopped conducting in-person intake interviews
• EEOC issues Pandemic Preparedness Under ADA Guidance

EEOC on ADA, Rehabilitation Act and COVID-19

The EEOC provided a link to EEOC guidance issued in 2009 regarding the H1N1 pandemic, guidance that provides timely and helpful information applicable to today's COVID-19 pandemic

Office of Federal Contract Compliance Programs (OFCCP)

• OFCCP issues National Interest Exemption in Response to Covid

Small Business Administration (SBA)

• The Small Business Administration issues Coronavirus (COVID-19): Small Business Guidance & Loan Resources
• Governments, Large Organizations Offer Help to Small Businesses During Pandemic
• CARES Act SBA Paycheck Protection Program FAQs for Small Employers
• Find information about all SBA coronavirus relief options for business here.
• Paycheck Protection Program
• Economic Injury Disaster Loan Emergency Advance
• SBA Express Bridge Loans
• SBA Debt Relief
• Interim Final Rule on Requirements for Promissory Notes, Authorizations, Affiliation, and Eligibility (4/24/2020)
• SBA Procedural Guidance on Participation Sales (4/24/2020) 
• Frequently Asked Questions for Lenders and Borrowers for the Paycheck Protection Program
• Joint Statement by Secretary Steven T. Mnuchin and Administrator Jovita Carranza on the Review Procedure for Paycheck Protection Program Loans
• Interim Final Rule on Disbursements

• Frequently Asked Questions (Question 37)
  

• On Friday 6/5, President Trump signed the Paycheck Protection Program Flexibility Act. The measure is intended to help restaurants, hotels, and other small businesses by lowering the amount required to spend on payroll from 75 percent to 60 percent in order to qualify for full loan forgiveness.
  

• SBA and Treasury recently released additional information regarding the Paycheck Protection Program: 

  • SBA Paycheck Protection Program Loan Report Round 2
    
  • Joint Statement by Treasury Secretary Steven T. Mnuchin and SBA Administrator Jovita Carranza Regarding Enactment of the Paycheck Protection Program Flexibility Act
    

  
  

Internal Revenue Service and Department of Treasury Resources

• IRS: Coronavirus Tax Relief
• The Department of Treasury also has information available at Coronavirus: Resources, Updates, and What You Should Know.
• Treasury and IRS Issue Guidance on Deferring Tax Payments Due to COVID-19 Outbreak
• IRS Issues Guidance on High-deductible Health Plans Covering Coronavirus Costs
• IRS: Employee Retention Credit available for many businesses financially impacted by COVID-19
• COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses FAQs
• The IRS Releases FAQs: Employee Retention Credit under the CARES Act
• IRS Fact Sheet: Employee Retention Credit available for many businesses financially impacted by COVID-19
  
• FAQs regarding COVID-19-Related Tax Credits for Required Paid Leave Provided by Small and Midsize Businesses -- sick leave and family leave
  
• Guidance on Employer Leave-Based Donation Programs That Aid Victims of the COVID-19 Pandemic
  

For small businesses seeking direct relief from COVID-19, CLICK HERE to learn more about Paycheck Protection Loans.

• For a top-line overview of the program CLICK HERE
• If you're a lender, more information can be found HERE
  
• If you're a borrower, more information can be found HERE
• Borrower Application Form (Updated 4/2/20)
• Lender Application Form
• New Lender Application Form (Federally Insured Depository Institutions, Federally Insured Credit Unions, Farm Credit System Institutions)
• Interim Final Rule
• Interim Final Rule on Affiliation
• Applicable Affiliation Rules
• Frequently Asked Questions
• Find an eligible lender

National Labor Relations Board and Labor Resources

• NLRB Announces Agency Closure: Staff Will Telework Until April 1^st
• NLRB Announces Additional Regional Office Closures
• National Law Review Article: Labor Relations During a Pandemic: Employer Duties Under the NLRA in the Wake of COVID-19

Federal Deposit Insurance Commission

FDIC has issued Coronavirus (COVID-19) Information for Bankers and Consumers

The federal bank regulatory agency has announced two actions to support the U.S. economy and allow banks to continue lending to businesses. They are:

• A statement encouraging banks to use their resources to support households and businesses; and
• A technical change to phase in, as intended, the automatic distribution restrictions gradually if a firm's capital levels decline.

U.S. Department of Homeland Security

• SHRM Helps Secure Relief for Employers
  
• COVID-19 Upends U.S. Immigration
  
• SHRM letter to US Department of Homeland Security Secretary on request for flexibility for filings and stays 
  

Other Resources

Centers for Disease Control and Department of Health and Human Services

Centers for Disease Control Resources for Businesses and Employers

• Interim Guidance for Businesses and Employers
• Environmental Cleaning and Disinfection Recommendations

To assist you in your efforts, the Department of Health and Human Services (HHS) and the Centers for Disease Control and Prevention (CDC) have developed the following checklist for large businesses. Business Pandemic Influenza Planning Checklist (DHSS) Checklist It identifies important, specific activities large businesses can do now to prepare, many of which will also help you in other emergencies. Further information can be found at www.pandemicflu.gov and www.cdc.gov/business.

• HHS provides Clarification on HIPAA Privacy Rule in Emergency Situations 

The Department of Labor Occupational Safety and Health Administration (OSHA)

OSHA wants employers to understand how OSHA standards apply to protecting workers from COVID-19

• Key OSHA standards for COVID-19
• Other relevant OSHA standards
• Temporary guidance on respirator annual fit-testing requirements in healthcare
• Enforcement directives
• Workers' rights and employers' responsibilities
• The U.S. Department of Labor's Occupational Safety and Health Administration (OSHA)'s interim enforcement response plan for the coronavirus pandemic
• U.S. Department of Labor Publishes 11 New Translations of OSHA Poster To Help Prevent Workplace Coronavirus Exposure

OSHA released reopening guidance for all workers and employers.                                 

Both OSHA and CDC regularly update their webpages with reopening guidance relevant to the business community.  We encourage you to regularly check for update guidance at:

• https://www.osha.gov/SLTC/covid-19/
• https://www.cdc.gov/coronavirus/2019-ncov/community/organizations/businesses-employers.html

OSHA has also released general guidance for preparing workplaces for COVID-19:

• Guidance on Preparing Workplaces for COVID-19
  

The Department of Homeland Security - U.S. Citizenship and Immigration Services (USCIS)

• Notice: USCIS Temporarily Closing Offices to the Public March 18-April 1
• Notice: USCIS Announces Temporary Suspension of Premium Processing for FY2021 Cap-Subject Petitions
• Other USCIS COVID-19 News and Updates

The Department of Homeland Security - Cybersecurity and Infrastructure Security Agency (CISA)

CISA RELEASES GUIDANCE ON ESSENTIAL CRITICAL INFRASTRUCTURE WORKERS DURING COVID-19

As the nation's risk advisor, The Cybersecurity and Infrastructure Security Agency (CISA) has been monitoring the evolving Coronavirus, also known as COVID-19 situation closely, taking part in interagency and industry coordination calls, and working with critical infrastructure partners to prepare for possible disruptions to critical infrastructure that may stem from widespread illness. 

CISA is releasing cyber alerts concerning COVID-19 scams, enterprise VPN security concerns and mitigations, as well as tips for responding to physical, supply chain, and cybersecurity issues that may arise as a result of the situation.

• CISA.gov/coronavirus
• CISA Insights: Risk Management for Novel Coronavirus (COVID-19)
• US-CERT: Defending Against COVID-19 Cyber Scams
  

Transportation Security Administration (TSA)

TSA continues to coordinate with industry (air carriers and airports) to the greatest extent practicable to discuss government actions, sharing draft directives with carriers for their input and feedback, and conducting ongoing discussions regarding implementation.

• TSA.gov/coronavirus
  

 

Global Policy Resources:

SHRM: 

• COVID-19 Global Government Response Tracker
  
• COVID-19: Global Government Policy Outlook
• COVID-19 International Response Presentation: An overview of measures implemented by some countries to combat the COVID-19 outbreak
• COVID19 International Economic Response  
• How Employers in India Are Responding to the National Lockdown 
• Germany: Managing Costs During the Pandemic Through Short-Time Work 
  
• SHRM-IOE Guide: Return to Work During COVID-19
  

The Business Twenty (B20):

• Business 20 (B20) Statement on COVID-19 initiative 
• Business Twenty (B20), ICC, the World Health Organization (WHO) call for urgent action from G20 leaders in response to the COVID-19 outbreak

International Labor Organization (ILO):

• COVID-19 and world of work: Impacts and responses
• Standards and COVID-19: Key provisions of International Labor Standards Relevant to the Evolving COVID- 19 Outbreak 
• COVID-19 and the world of work
• Country policy responses
  

World Health Organization (WHO): Getting your workplace ready for COVID-19 

United Nations: Coronavirus global health emergency

International Monetary Fund (IMF): Policy Responses to COVID-19

Congressional Research Service: Global Economic Effects of COVID-19

World Health Organization (WHO): Coronavirus disease (COVID-2019) situation reports

Organisation for Economic Co-operation and Development (OECD): 

• Supporting people and companies to deal with the Covid-19 virus: Options for an immediate employment and social-policy response
• Overview of Country Tax Policy Measures in Response to COVID-19 Crisis
• Tax Administration Responses to COVID-19: Measures Taken to Support Tax payers

• Monitor 2^nd edition: COVID-19 and the world of work

University of Oxford: COVID-19 Government Response Tracker 

Now, more than ever, it is important HR's voice is heard on the impacts to the workplace as a result of pending emergency legislation. In response, SHRM has submitted the following letters.

• SHRM Letter to the Republican and Democratic Leaders in the U.S. Senate on consideration of HR 6201, the Emergency Families First Coronavirus Response Act
• SHRM Letter to U.S. Department of Homeland Security leader to ease certain immigration regulation amidst COVID-19 outbreak
• SHRM Letter to Leaders McConnell and Schumer to allow employer-sponsored high deductible health plans coupled with an HSA to cover telehealth services amid COVID-19 outbreak
• SHRM Letter to the Hill along with 165 national groups, requesting quick congressional action to further fund the Paycheck Protection Program (PPP)
  
• SHRM Priorities for next COVID-Relief Legislation
• SHRM Letter to Congress Urging Expansion of PPP to Include All Nonprofits
• SHRM Advocates for Employer Protections During COVID-19
• SHRM Requests Technical Assistance from EEOC
  

The National Governor Association (NGA) is strategic partner of SHRM focused on state interaction at the state executive level.  NGA provides a platform where governors can share best practices, speak with an informed voice on national policy and develop innovative solutions that improve citizens' lives through state government and support the principles of federalism.  Through NGA, governors identify priority issues and deal with matters of public policy and governance at the state, national and global levels.

The National Conference of State Legislatures (NCSL), founded in 1975, represents the legislatures in the states, territories and commonwealths of the United States. Its mission is to advance the effectiveness, independence and integrity of legislatures and to foster interstate cooperation and facilitate the exchange of information among legislatures. SHRM has been a long-time strategic partner of the NCSL Foundation, which serves as a resource of information of legislative activity within the states that has the potential to impact the day-to-day activities of HR practitioners. Below are a series of links to the NCSL website highlighting state actions in relation to COVID-19 outbreak, as well as current state laws relating to paid sick leave requirement for private-sector employers and state work share laws in certain states.