Straight Talk on the New Families First Coronavirus Response Act
Jordan Uditsky • March 20, 2020
The President signed an emergency aid package into law the evening of March 18 after it passed through Congress with bipartisan support. The package, named the Families First Coronavirus Response Act (the “Act”), responds to the growing pandemic and economic impact by providing for paid sick leave, free testing and expanded unemployment benefits. The Act is organized into “Divisions”, two of which relate to employee leave from work. Division C, the Emergency Family and Medical Expansion Act, expands FMLA coverage to allow employees to care for children due to school or daycare closures, and Division E, the Emergency Paid Sick Leave Act, provides additional benefits for paid sick time to certain employees. The following is a breakdown of the new legislation and its impact on small businesses.
Who Qualifies for Paid Leave Under the New Coronavirus Law?
The new Act provides many American workers access to paid leave if they need to take time off work because of the Coronavirus, including not only full time workers but also people who aren’t typically entitled to such benefits, like part-time and gig economy workers. The new legislation is primarily focused on small businesses, excluding companies with more than 500 workers and expanding the scope of FMLA to apply the new mandate to small businesses with fewer than 50 employees. The Labor Department could exempt these small businesses if providing leave would jeopardize their viability. Employers can also decline to provide leave to workers at the forefront of the pandemic, including health care providers and emergency responders.
Who exactly is defined as a “health care worker” and what qualifies for the “viability” test remains to be seen. The FMLA does include a very broad definition of “health care provider” that is very broad, including for example, dentists and chiropractors. It is not clear at this point, however, whether such a broad definition will apply to the new legislation or whether it will cover administrative staff employed by an otherwise qualifying health care provider.
In addition, employees covered by multi-employer collective bargaining agreements whose employers pay into pension plans and self-employed individuals may also have access to paid leave under the new Act.
What type of paid leave does the law offer?
The new law provides qualified workers up to 2 weeks of paid sick leave if they are ill, quarantined or seeking testing or preventive care for coronavirus, or if they are caring for sick family members. In addition to these 2 weeks, the Act also expands FMLA to provide up to 12 weeks of leave to people caring for children whose schools are closed or whose child care provider is unavailable because of coronavirus. Under this portion of the new Act, the first 10 days of leave may be unpaid.
If an employee is sick or seeking care for themselves, they may be entitled to the full amount of their usual compensation, up to a maximum of $511 a day. If caring for a sick family member or a child whose school or day care is closed, they may be entitled to two-thirds of their usual pay, up to a daily limit of $200.
What is the government’s plan for small businesses to afford this new mandate?
Companies providing benefits under the new law will be reimbursed for the full amount paid, including the employer’s contribution to health insurance costs during the period of leave, within three months in the form of a payroll tax credit.
When does this new law go into effect?
The law goes into effect on April 2nd, 15 days following the President’s signature. Once effective, the sick leave is immediately available for use by employees. Employers cannot require employees to use any other available paid leave before using the sick leave under the new legislation. The paid sick time does not carry over from year to year, and the Act itself is set to expire on December 31, 2020.
Grogan Hesse & Uditsky, P.C. is here to assist its clients with any questions they may have regarding the impacts of Coronavirus/COVID-19. Please contact our Coronavirus/COVID-19 Response Team being led by Amy Grogan and Jordan Uditsky, or the attorney with whom you normally work at the firm.
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By the same token, don’t assume it is a bogus threat; crumble up the letter and throw it in the recycling. Deadlines in these letters are real, and failing to respond appropriately to a viable claim could lead to litigation. · Contact Your Attorney Immediately. This is not a DIY situation. Before responding to the letter or contacting the sender, consult with an attorney experienced in ADA compliance and website accessibility issues. Your lawyer can evaluate the demand letter or complaint, the validity of the claim, and the law firm behind it before formulating an appropriate response. Testers send many cookie-cutter letters that may contain boilerplate allegations of deficiencies that do not actually exist. · Evaluate Your Actual Compliance. Work with your attorney and website accessibility experts to have your website assessed against the Web Content Accessibility Guidelines (WCAG) , which courts often reference in ADA website cases. Understanding your site's actual accessibility helps inform whether settlement, remediation, or another approach makes sense and whether you need to take additional steps to avoid future claims. Keep in mind that this isn't just about legal compliance—it's good business. An accessible website serves all patients better and demonstrates your commitment to inclusivity. If you have questions about your business's ADA obligations and how to protect it from accessibility complaints, please call Grogan, Hesse & Uditsky at (630) 833-5533 or contact us online to arrange for your free initial consultation. At Grogan Hesse & Uditsky, P.C., we focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you. Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices. This blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals.
Why TODAY Is The Time To Prepare Your Practice – and Yourself - For an Uncertain Tomorrow
Bogus ADA Claims Regarding Dental Practice Websites Are Rampant. Your Lawyer Can Help You Tell the Difference Between a Real Problem and a Real Shakedown. Over 25 years have passed since the Americans with Disabilities Act (ADA) quite literally reshaped the landscape for people with disabilities. From building entrances to parking lots to restrooms to elevators, from hiring and employment opportunities to restaurants, stores, and websites, disabled Americans have far greater access to the same facilities, services, and opportunities as everyone else. Harassment at Best, Extortion at Worst For all the good it has accomplished, however, the ADA has also been abused by opportunistic individuals and attorneys who have used the law in bad faith to shake down small businesses, including dental practices, for alleged violations that have not actually caused any harm or infringed upon any rights afforded by the act. These self-appointed ADA compliance "testers" have filed thousands of nuisance ADA suits that have cost American businesses millions of dollars. According to one analysis, ADA lawsuits have increased by 320% since 2013, with over 4,000 suits filed in 2024 alone. Many plaintiff's law firms file hundreds of cookie-cutter ADA lawsuits each year. One person can visit multiple businesses or websites in a single day solely to identify even the slightest accessibility transgressions in order to generate claims. While these suits can focus on any number of alleged ADA shortcomings, those relating to website accessibility (discussed in detail in this earlier post ) filed by a handful of law firms and serial plaintiffs have earned the scorn of small businesses and practices across the country. That's because these "testers" and the lawyers who represent them specifically target small businesses, as they typically have limited means to defend themselves, may not be able to discern between legitimate and bogus claims, and often see a quick payoff as the path of least resistance. Here’s how the shakedown typically goes down: A plaintiff or their attorney sends the practice a demand letter in which they claim that the practice’s website is inaccessible to people with disabilities (e.g., missing image alt text, inaccessible forms, incompatible with screen readers). They cite a violation of Title III of the ADA. They make a demand for a cash settlement, often ranging from $2,500 to $25,000, alongside a request for accessibility fixes. The business/practice cuts a check in exchange for a release of any ADA claims by that plaintiff related to the website. The business/practice may then receive more demand letters, often from the same firm, on behalf of other plaintiffs who make the same claim, and the extortion continues. Don’t Act Impulsively – Do This Instead All this is not to say that dental practice owners should consider all such claims and demands to be frivolous or ignore their ADA obligations relating to their website. To be sure, a meritorious ADA lawsuit can indeed expose a practice to significant financial and reputational damage. Before reflexively giving in to an ADA demand letter and settling a supposed claim, practice owners should take the following steps: · Don't Panic, But Don't Ignore It. As noted, a demand letter with legalese and ominous language doesn’t mean that you’ve done anything wrong or actually violated the law. While your immediate reaction may include fear, confusion, or anger, don’t act impulsively. By the same token, don’t assume it is a bogus threat; crumble up the letter and throw it in the recycling. Deadlines in these letters are real, and failing to respond appropriately to a viable claim could lead to litigation. · Contact Your Attorney Immediately. This is not a DIY situation. Before responding to the letter or contacting the sender, consult with an attorney experienced in ADA compliance and website accessibility issues. Your lawyer can evaluate the demand letter or complaint, the validity of the claim, and the law firm behind it before formulating an appropriate response. Testers send many cookie-cutter letters that may contain boilerplate allegations of deficiencies that do not actually exist. · Evaluate Your Actual Compliance. Work with your attorney and website accessibility experts to have your website assessed against the Web Content Accessibility Guidelines (WCAG) , which courts often reference in ADA website cases. Understanding your site's actual accessibility helps inform whether settlement, remediation, or another approach makes sense and whether you need to take additional steps to avoid future claims. Keep in mind that this isn't just about legal compliance—it's good business. An accessible website serves all patients better and demonstrates your commitment to inclusivity. If you have questions about your business's ADA obligations and how to protect it from accessibility complaints, please call Grogan, Hesse & Uditsky at (630) 833-5533 or contact us online to arrange for your free initial consultation. At Grogan Hesse & Uditsky, P.C., we focus a substantial part of our practice on providing exceptional legal services for dentists and dental practices, as well as orthodontists, periodontists, endodontists, pediatric dentists, and oral surgeons. We bring unique insights and deep commitment to protecting the interests of dental professionals and their practices and welcome the opportunity to work with you. Jordan Uditsky, an accomplished businessman and seasoned attorney, combines his experience as a legal counselor and successful entrepreneur to advise dentists and other business owners in the Chicago area. Jordan grew up in a dental family, with his father, grandfather, and sister each owning their own dental practices. This blend of legal, business, and personal experience provides Jordan with unique insight into his clients’ needs, concerns, and goals.
