Executive Board members, from left, Anthony "Bully" Badayos (Recording Secretary), Wendy Naile (Trustee), Frederick Liva (Vice President), Wayne K S Kaululaau (President), Ryan Yoshida (Secretary-Treasurer), James "Kimo" Laroya Jr. (Trustee), and Walter "Wally" Fox III.
CANCELLATION OR POSTPONEMENT OF MEETINGS
Teamsters Local Union 996 Executive Board in compliance with the guidelines set forth by the Centers for Disease Control, and the International Brotherhood of Teamsters, canceled the General Membership Meeting for March 25, 2020, and shall determine the status of other general membership meetings as those dates approach. Meetings with 10 or more people sponsored by the union have also been canceled.
FIRST HAWAIIAN BANK AVAILABLE BRANCHES as of 3/25/20
AINA HAINA BANKING CENTER
820 W Hind Drive, Suite 129
Honolulu, HI 96821 PHONE: (808) 373-2171 HOURS:
Mon-Thur: 8:30am - 4:00pm
Fri: 8:30am - 6:00pm
Sat, Sun: Closed KUPUNA HOURS: 8:30am - 9:30am
Due to the National Emergency, the deadline for applying for the James R. Hoffa Memroial Scholarship Program this year has been extended to April 14, 2020. The sons, daughters and financial dependents of Teamster members in the US and Canada ( including GCC, BLET and BMWED) who are seniors in high school are eligible to apply. The fund awards academic scholarships from $1,000 to $10,000 and training program / vocational scholarships from $500 to $2,000. Please review all application requirements on our website www.JRHMSE.org
Congress Finalizes COVID-19 Coronavirus Response Act: Prepare To Provide Paid Sick Leave And FMLA
The Senate passed the Families First Coronavirus Response Act today, an economic stimulus plan aimed at addressing the impact of the COVID-19 outbreak on Americans and introducing paid sick leave and an expanded family and medical leave act to the nation’s employers. An earlier version of this Act (H.R. 6201) was previously passed by the House in the early hours of Saturday, March 14 before being significantly altered late Monday, March 16. The bill now awaits President Trump’s signature, which is expected later today or tomorrow as he has already publicly supported the bill. Once he signs the bill, it will become effective in 15 days.
[Ed. Note: The president signed the legislation on the evening of March 18, which means the leave provisions will go into effect on April 2.]
This Act includes many provisions which apply to employers, such as paid sick leave for employees impacted by COVID-19 and those serving as caregivers for individuals with COVID-19. While the Act also contains several provisions to increase funding for familiar benefit programs, like WIC and SNAP, this legal alert summarizes the key benefit provisions of the Act which affect employers.
There are two provisions providing paid leave to employees forced to miss work because of the COVID-19 outbreak: an emergency expansion of the Family Medical Leave Act (FMLA) and a new federal paid sick leave law.
Emergency Family and Medical Leave Expansion Act
Expanded Coverage and Eligibility – The Act significantly amends and expands FMLA on a temporary basis. The current employee threshold for FMLA coverage would change from only covering employers with 50 or more employees to instead covering those employers with fewer than 500 employees. It also lowers the eligibility requirement such that any employee who has worked for the employer for at least 30 days prior to the designated leave may be eligible to receive paid family and medical leave. As a result, thousands of employers not previously subject to the FMLA may be required to provide job-protected leave to employees for a COVID-19 coronavirus-designated reason. However, the Act now includes language allowing the Secretary of Labor to exclude healthcare providers and emergency responders from the definition of employees who are allowed to take such leave, and to exempt small businesses with fewer than 50 employees if the required leave would jeopardize the viability of their business. The Act also provides an exception for employers of healthcare providers or emergency responders to exempt such employees at their election.
Reasons for Emergency Leave – Any individual employed by the employer for at least 30 days (before the first day of leave) may take up to 12 weeks of job-protected leave to allow an employee, who is unable to work or telework, to care for the employee’s child (under 18 years of age) if the child’s school or place of care is closed or the childcare provider is unavailable due to a public health emergency. This is now the only qualifying need for Emergency FMLA and a significant change from the prior version of the bill passed by the House over the weekend, which contained several other COVID-19-related reasons to provide Emergency FMLA.
Paid Leave – Another big change from the prior version passed from the House is the reduction of the unpaid period of Emergency FMLA. Now, the first 10 days (rather than 14 days) of Emergency FMLA may be unpaid. During this 10-day period, an employee may elect to substitute any accrued paid leave (like vacation or sick leave) to cover some or all of the 10-day unpaid period. After the 10-day period, the employer generally must pay full-time employees at two-thirds the employee’s regular rate for the number of hours the employee would otherwise be normally scheduled. The new Act now limits this pay entitlement to $200 per day and $10,000 in the aggregate per employee.
Calculating Pay for Non-Full Time Employees – Employees who work a part-time or irregular schedule are entitled to be paid based on the average number of hours the employee worked for the six months prior to taking Emergency FMLA. Employees who have worked for less than six months prior to leave are entitled to the employee’s reasonable expectation at hiring of the average number of hours the employee would normally be scheduled to work.
Job Restoration – Employers with 25 or more employees will have the same obligation as under traditional FMLA to return any employee who has taken Emergency FMLA to the same or equivalent position upon the return to work. However, employers with fewer than 25 employees are generally excluded from this requirement if the employee’s position no longer exists following the Emergency FMLA leave due to an economic downtown or other circumstances caused by a public health emergency during the period of Emergency FMLA. This exclusion is subject to the employer making reasonable attempts to return the employee to an equivalent position and requires an employer to make efforts to return the employee to work for up to a year following the employee’s leave.
Effective Date and Expiration – This program will become effective 15 days after its enactment by President Trump and remain in effect until December 31, 2020.
[Ed. Note: The president signed the legislation on the evening of March 18, which means the leave provisions will go into effect on April 2.]
Emergency Paid Sick Leave Act
Reasons for Paid Sick Leave – This portion of the new Act also significantly changed since we first saw the House pass its prior version. This Act now allows an eligible employee to take paid sick leave because the employee is:
subject to a federal, state or local quarantine or isolation order related to COVID-19;
advised by a health care provider to self-quarantine due to COVID-19 concerns;
experiencing COVID-19 symptoms and seeking medical diagnosis;
caring for an individual subject to a federal, state or local quarantine or isolation order or advised by a health care provider to self-quarantine due to COVID-19 concerns;
caring for the employee’s child if the child’s school or place of care is closed or the child’s care provider is unavailable due to public health emergency; or
experiencing any other substantially similar condition specified by the Secretary of Health and Human Services in consultation with the Secretary of the Treasury and the Secretary of Labor.
Of note, caring for another who is subject to an isolation order or advised to self-quarantine as described above is no longer limited to just family members.
Eligibility – This provision requires employers with fewer than 500 employees to provide full-time employees (regardless of the employee’s duration of employment prior to leave) with 80 hours of paid sick leave at the employee’s regular rate (or two-thirds the employee’s regular rate to care for qualifying reasons 4, 5, or 6 listed above). An important change to this section provides an exception for employers of healthcare providers or emergency responders to exempt such employees at their election. Like for the Emergency Family and Medical Leave Expansion Act (see above), the Secretary of Labor was given authority to exclude certain businesses from these requirements.
Cap on Paid Sick Leave Wages – Another significant change to this Act places limits on paid sick leave. Specifically, paid sick leave wages are limited to $511 per day up to $5,110 total per employee for their own use and to $200 per day up to $2,000 total to care for others and any other substantially similar condition.
Carryover and Interaction with Other Paid Leave – This paid sick leave will not carry over to the following year and may be in addition to any paid sick leave currently provided by employers.
Calculating Rate of Pay – Employees who work a part-time or irregular schedule are entitled to be paid based on the average number of hours the employee worked for the six months prior to taking paid sick leave. Employees who have worked for less than six months prior to leave are entitled to the average number of hours the employee would normally be scheduled to work over a two-week period. A business employing fewer than 500 employees is required, at the request of the employee, to pay a full-time employee for 80 hours of mandated emergency paid sick leave instead of the initial 10 days of unpaid leave permitted by the Emergency Family and Medical Leave Expansion Act (summarized above).
Effective Date and Expiration – This program will become effective 15 days after it is enacted by President Trump and remain in effect until December 31, 2020.
[Ed. Note: The president signed the legislation on the evening of March 18, which means the leave provisions will go into effect on April 2.]
Emergency Unemployment Insurance Stabilization And Access Act Of 2020
This section provides $1 billion in 2020 for emergency grants to states for activities related to unemployment insurance benefit processing and payment, under certain conditions.
Half of the resources are to be allocated to provide immediate funding to all states for administrative costs so long as they meet some basic requirements, including: (1) requiring employers to provide notification of the availability of unemployment compensation at the time of separation; (2) ensuring applications for unemployment compensation and assistance with the application process are accessible in at least two ways (in-person, by phone, or online); and (3) notifying applicants when their application is received and being processed, as well as providing information about how to ensure successful processing if the application cannot be processed.
The other half would be reserved for emergency grants to states which experience an increase of unemployment compensation claims of at least 10% in comparison to the same quarter in the prior calendar year. Those states would be eligible to receive an additional grant to assist with costs related to such an unemployment spike if they meet additional requirements, including: (1) expressing of commitment to maintain and strengthen access to unemployment compensation; and (2) taking or planning to take steps to ease eligibility requirements and access (like waiving work search requirements and the waiting period). The Act will provide those states that meet these requirements with 100 percent federal funding to provide extended unemployment benefits, up to an additional 26 weeks after the initial 26 weeks (i.e. up to 52 weeks of benefits). Previously, states were required to pay 50% of extended unemployment benefits. This provision will also remain in effect until December 31, 2020.
Tax Credits For Paid Sick And Paid Family And Medical Leave
This section provides a series of refundable tax credits for employers who are required to provide the Emergency Paid Sick Leave and Emergency Paid Family and Medical Leave described above. These tax credits are allowed against the employer portion of Social Security taxes. While this limits application of the tax credit, employers will be reimbursed if their costs for qualified sick leave or qualified family leave wages exceed the taxes they would owe.
Specifically, employers are entitled to a refundable tax credit equal to 100% of the qualified sick leave wages paid by employers for each calendar quarter in adherence with the Emergency Paid Sick Leave Act. The qualified sick leave wages are capped at $511 per day ($200 per day if the leave is for caring for a family member or child) for up to 10 days per employee.
Similarly, employers are entitled to a refundable tax credit equal to 100% of the qualified family leave wages paid by employers for each calendar quarter in accordance with the Emergency Family and Medical Leave Expansion Act. The qualified family leave wages are capped at $200 per day for each individual up to $10,000 total. Only those employers who are required to offer Emergency FMLA and Emergency Paid Sick Leave may receive these credits.
Coverage For Testing For COVID-19
This section requires private health plans (including insured, self-insured, and grandfathered) to provide coverage for COVID-19 diagnostic testing and related services to employees and their covered dependents, without cost sharing (like deductibles, copayments and coinsurance) from enactment of the Act through the end of the national emergency period.
Covered services and related cost waivers apply to diagnostic testing, healthcare provider services (in-person and telehealth), and facility costs (physician office, urgent care center and emergency room) to the extent the costs are related to evaluating the need for, or furnishing, COVID-19 diagnosis and treatment. In addition to coverage and cost waiver provisions, plans shall not require prior authorization or similar medical management requirements as a precondition of COVID-19 testing or services.
As Congress has now passed this bill, it simply awaits President Trump’s signature. It is expected he will sign this into law very soon, particularly as he already vocalized support of the Act. Once this bill is enacted, employers with fewer than 500 employees will not only need to adhere to the above leave requirements within 15 days, but such employers will also be required to provide notice to their employees through postings and policies.
[Ed. Note: The president signed the legislation on the evening of March 18, which means the leave provisions will go into effect on April 2.]
In addition to this federal Act, many states are proposing similar emergency legislation to enact or expand their own paid sick leave or family and medical leave laws to cover coronavirus-related issues. Some of these state laws may be in addition to these new requirements at the federal level.
We will continue to monitor this rapidly developing situation and provide updates as appropriate. Make sure you are subscribed to Fisher Phillips’ alert system to gather the most up-to-date information. For further information or advice on how to satisfy notice requirements as an employer, contact your Fisher Phillips attorney or any member of our COVID-19 Taskforce, or review our Comprehensive and Updated FAQs.
For the Health and Safety of our staff, we will not be allowing walk-ins to speak with our Business Representatives. If you would like to speak to any of our Business Representatives please call us at 808-847-6633 to schedule an appointment. Thank you for your patience and understanding. Stay safe and healthy!
Subject: Office of the Mayor, City and County of Honolulu Emergency Order No. 2020-02 (COVID-19)
This is to clarify Mayor Kirk W. Caldwell's Emergency Order No. 2020-02, Stay at Home/Work from Home Order, as it applies to Oahu Bargaining Unit Employees at HC&D.
For purposes of the Emergency Order and until further notice, Oahu Bargaining Unit Employees at HC&D are allowed to leave their residence to work at their locations and shifts as our business is considered "Essential Infrastructure and Essential Business" as defined in the Order.
Having said that, Oahu Bargaining Unit Employees at HC&D must, at all times reasonably possible, comply with Social Distance Requirements as defined in the Order. Social Distancing Requirements includes maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
We will continue to closely monitor the developments and do our best to keep everyone informed.
c: Wayne K. S. Kaululaau, Teamsters Local 996 James "Kimo" Laroya, Jr.,Teamsters Local 996
Enter Title Here
OFFICE OF THE MAYOR
CITY AND COUNTY OF HONOLULU
530 SOUTH KING STREET, ROOM 300 • HONOLULU, HAWAII 96813
By the authority vested in me as Mayor of the City and County of Honolulu (the ' 'City") pursuant to Revised Charter of the City and County of Honolulu 1973 (2017 Edition), as amended; the Revised Ordinances of the City and County of Honolulu 1990, as amended; the Hawai'i Revised Statutes, as amended ("Haw. Rev. State"), the Constitution and laws of the State of Hawai'i, I, KIRK W. CALDWELL, hereby issue this order (the "Order") to address the emergency declared in the Proclamation COVID- 19 [Novel Coronavirus] that I issued on March 4, 2020, and Supplemental Proclamation of Emergency or Disaster (COVID- 19 [Novel Coronavirus]) that I issued on March 18, 2020.
The virus that causes Coronavirus 2019 Disease ("COVID-19") is easily transmitted, especially in group settings, and it is essential that the spread of COVID-19 be slowed to protect the ability of public and private health care providers to handle the influx of new patients and to safeguard public health and safety.
Due to the risk of the rapid spread of the virus causing COVID-19, and the need to protect all members of the City, especially including our members most vulnerable to the virus and also health care providers, this Order requires all individuals anywhere in the City to shelter in place—that is, stay at home and work from home—except for certain essential activities and work to provide essential business and government services or perform essential public infrastructure construction, including housing. This Order is effective at 4:30 p.m. on Monday, March 23, 2020, and will continue through Thursday, April 30, 2020, at 4:30 p.m., subject to the limited exceptions and under the terms and conditions more particularly set forth below.
Pursuant to Haw. Rev. Stat. 127A-25 and the Rules of the Mayor City and County of
Honolulu, dated March 20, 2020 ("Mayor's Rules") promulgated under that section, each of the orders contained in this Order ("the Orders") shall have the force and effect of law. The Orders are in accordance with and incorporate by reference the Proclamation COVID-19 [Novel Coronavirus] that I issued on March 4, 2020; the Supplemental Proclamation of Emergency or Disaster (COVID-19 [Novel Coronavirus]) that 1 issued on March 18, 2020, and Hawai'i Governor David Y. lge's Proclamation dated March 4, 2020, and Supplementary Proclamation dated March 16, 2020, Second Supplementary Proclamation dated March 21, 2020, and the Order for Self-Quarantine dated March 21, 2020, issued by the Hawati Emergency Management Agency.
Violation of any of the Orders is punishable as a misdemeanor, with fines of up to $5,000, up to a year in jail, or both. Haw. Rev. Stat. 127A-29; Mayor's Rules.
Order 1: All individuals currently living within the City are ordered to stay at their place of residence. To the extent individuals are using shared or outdoor spaces, they must at all times as reasonably possible maintain social distancing of at least six feet from any other person when they are outside their residence and comply with Social Distancing Requirements (as defined in Section Il). All persons may leave their residences only for Essential Activities, Essential
Governmental Functions, or to operate Essential Businesses, as those terms are defined in Section Il. Individuals experiencing homelessness are exempt from this section, but are strongly urged to obtain shelter, and governmental and other entities are strongly urged to make such shelter available as soon as possible and to the maximum extent practicable (and to use COVID19 risk mitigation practices in their operation).
Order 2: All businesses with a facility in the City, except Essential Businesses (as defined in
Section Il), are required to cease all activities within such facilities, except Minimum Basic Operations (as defined in Section Il). For clarity, businesses may also continue operations consisting exclusively of employees or contractors performing activities at their own residences (i.e., working from home). All Essential Businesses are strongly encouraged to remain open. To the greatest extent feasible, Essential Businesses shall comply with Social Distancing
Requirements (defined in Section Il), including by maintaining six-foot social distancing for both employees and members of the public, including, but not limited to, customers standing in line.
Order 3: All public and private gatherings of any number of people occurring outside a single household or living unit are prohibited, except for the limited purposes as expressly permitted in Section Il. Nothing in this Order prohibits the gathering of members of a household or living unit.
Order 4: All travel, including, but not limited to, travel on foot, bicycle, scooter, motorcycle, automobile, or public transit, except Essential Travel and Essential Activities (as defined in Section Il), is prohibited. People must use public transit only for purposes of performing
Essential Activities or to travel to and from work to operate Essential Businesses or maintain
Essential Governmental Functions. People riding on public transit must comply with Social Distancing Requirements (as defined in Section Il), to the greatest extent feasible. This Order allows travel into or out of the City to perform Essential Activities, operate Essential Businesses, or maintain Essential Governmental Functions.
11. DEFINITIONS AND EXEMPTIONS
For purposes of this Order, individuals may leave their residence only to perform any of the following "Essential Activities." However, people at high risk of severe illness from COVID-19 and people who are sick are urged to stay in their residence to the extent possible except as necessary to seek medical care.
To engage in activities or perform tasks essential to their health and safety, or to the health and safety of their family or household members
(including, but not limited to, pets), such as, by way of example only and without limitation, obtaining medical supplies or medication, visiting a health care professional, or obtaining supplies needed to work from home.
To obtain necessary services or supplies for themselves and their family or household members, or to deliver those services or supplies to others, such as, by way of example only and without limitation, canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products, and products necessary to maintain the safety, sanitation, and essential operation of residences.
To engage in outdoor activity in locations as allowed by law, provided the individuals comply with Social Distancing Requirements as defined in this section, such as, by way of example and without limitation, walking, hiking, or running (with or without pets).
To perform work providing essential products and services at an Essential Business or to otherwise carry out activities specifically permitted in this Order, including Minimum Basic Operations.
To care for a family member or pet in another household.
B. For purposes of this Order, individuals may leave their residence to work for or obtain services at any "Healthcare Operations" including hospitals, clinics, dentists, pharmacies, pharmaceutical and biotechnology companies, other healthcare facilities, healthcare suppliers, home healthcare services providers, mental health providers, or any related and/or ancillary healthcare services, organizations collecting blood, platelets, plasma, and other necessary materials, licensed medical marijuana dispensaries and licensed medical marijuana production centers, eye care centers, including those that sell glasses and contact lenses. "Healthcare Operations" also includes veterinary care and all healthcare services provided to animals. Further, "Healthcare Operations" includes prepaid health care plan contractors as that term is defined under Haw. Rev. Stat. ch. 393, and other employer-sponsored health and welfare benefit plans, and/or individual or group health insurance plans that provides healthcare insurance benefits for payment or reimbursement for healthcare services provided by Healthcare Operations. This exemption shall be construed broadly to avoid any impacts to
the delivery of healthcare, broadly defined. "Healthcare Operations" does not include fitness and exercise gyms and similar facilities.
c. For purposes of this Order, individuals may leave their residence to provide any services or perform any work necessary to the operations and maintenance of "Essential Infrastructure," including, but not limited to, public works construction, construction of housing (in particular affordable housing or housing for individuals experiencing homelessness), airport operations, water, sewer, gas, electrical, oil refining, roads and highways, public transportation, solid waste collection and removal, internet, and telecommunications systems (including the provision of essential global, national, and local infrastructure for computing services, business infrastructure, communications, and web-based services), provided that they carry out those services or that work in compliance with Social Distancing Requirements as defined this section, to the extent possible. This Order shall be construed and applied in compliance and consistent with the United
States Department of Homeland Security, Cybersecurity & Infrastructure Security
Agency Memorandum on Identification of Essential Critical Infrastructure Workers During COVID-19 Response, dated March 19, 2020 (and any subsequent guidance memoranda thereto).
For purposes of this Order, all first responders, emergency management personnel, emergency dispatchers, court personnel, and law enforcement personnel, jails and prisons personnel, and others working for or to support Essential Businesses are categorically exempt from this Order. Further, nothing in this Order shall prohibit any individual from performing or accessing "Essential Governmental Functions." "Essential Government Functions" means all services needed to ensure the continuing operation of the government agencies and provide for the health, safety and welfare of the public. All
Essential Governmental Functions shall be performed in compliance with Social Distancing Requirements as defined this section, to the extent possible.
For the purposes of this Order, covered businesses include any for-profit, nonprofit, or educational entities, regardless of the nature of the service, the function they perform, or its corporate or entity structure.
For the purposes of this Order, "Essential Businesses" means:
Healthcare Operations and Essential Infrastructure;
Grocery stores, certified farmers' markets, farm and produce stands, supermarkets, food banks, convenience stores, and other establishments engaged in the retail sale of canned food, dry goods, fresh fruits and vegetables, pet supply, fresh meats, fish, and poultry, and any other household consumer products (such as cleaning and personal care products). This includes stores that sell groceries and also sell other nongrocery products, and products necessary to maintaining the safety, sanitation, and essential operation of residences;
Food cultivation, including farming, livestock, and fishing;
4, Businesses that provide food, shelter, and social services, and other necessities of life for economically disadvantaged or otherwise needy individuals;
Newspapers, television, radio, and other media services;
Gas stations and auto and bicycle supply, auto and bicycle repair, towing services, and related facilities;
Banks and related financial institutions. This provision shall be construed and applied in compliance and consistent with the United States Department of Homeland Security, Cybersecurity & Infrastructure
Security Agency Memorandum on Identification of Essential Critical
Infrastructure Workers During COVID- 19 Response, dated March 19,
2020 (and any subsequent guidance memoranda thereto), and the United
States Department of the Treasury Memorandum for Financial Services
Sector Essential Critical Infrastructure Workers, dated March 22, 2020 (and any subsequent guidance memoranda thereto);
Plumbers, electricians, exterminators, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operation of residences, Essential Activities, and Essential Businesses;
Businesses providing mailing and shipping and delivery services, and businesses that ship or deliver groceries, food, alcoholic and non-alcoholic beverages, goods or services to residences and end users or through commercial channels, and including post office boxes;
Educational institutions—including public and private K-12 schools, colleges, and universities—for purposes of facilitating distance learning, performing critical research, or performing essential functions, provided that social distancing of six-feet per person is maintained to the greatest extent possible;
Laundromats, dry cleaners, industrial laundry services, and laundry service providers;
Restaurants and other facilities that prepare and serve food, but only for delivery or carry out.
Schools and other entities that typically provide food services to students or members of the public may continue to do so under this Order on the condition that the food is provided to students or
members of the public on a pick-up and takeaway basis only, provided that social distancing of six-feet per person is maintained to the greatest extent possible. Schools and other entities that provide food services under this exemption shall not permit the food to be eaten at the site where it is provided, or at any other gathering site;
Cafeterias, lunchrooms, or dining facilities providing food and beverage services located within "healthcare facilities" as that term is defined under Haw. Rev. Stat. 321-15.2 and similar facilities, may continue to do so under this order, provided that consumption within the cafeteria, lunchroom, or dining facility located within the healthcare facility is restricted to employees of the healthcare facility; patients of the healthcare facility; and no more than two (2) authorized visitors of the patient of the healthcare facility that have been appropriately screened by the healthcare facility in compliance with all of the facility's protocols related to infectious disease control measures and processes.;
Businesses that supply products needed for people to work from home;
Businesses that supply other essential businesses with the support or supplies necessary to operate;
Airlines, taxis, and other private transportation providers, vehicle rental services, paratransit, and other private, public, and commercial transportation and logistics providers providing transportation services necessary for Essential Activities and other purposes expressly authorized in this Order;
Home-based care for seniors, adults, or children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness, including care givers such as nannies who may travel to the child's home to provide care, and other in-home services, including meal delivery;
Residential facilities and shelters for seniors, adults, and children, and/or people with developmental disabilities, intellectual disabilities, substance use disorders, and/or mental illness;
Professional services, such as legal or accounting services, insurance services, real estate services (including appraisals and title services) when necessary to assist in compliance with legally mandated activities;
Childcare facilities providing services that enable employees exempted in this Order to work as permitted. To the extent possible, childcare facilities must operate under the following mandatory conditions:
Childcare must be carried out in stable groups of 12 or fewer ("stable" means that the same 12 or fewer children are in the same group each day).
Children shall not change from one group to another.
If more than one group of children is cared for at one facility, each group shall be in a separate room. Groups shall not mix with each other.
Childcare providers shall remain solely with one group of children.;
Businesses that provide food, shelter, and other necessities of life for animals, including animal shelters, rescues, kennels, and adoption facilities, provided they must, at all times reasonably possible, comply with Social Distancing Requirements defined in this section;
Hotels and motels, to the extent used for lodging; and service providers to hotels and motels that provide services that are necessary to maintaining the safety, sanitation, and essential operations of the hotel and/or motel, provided that they must, at all times reasonably possible, comply with Social Distancing Requirements defined in this section
Funeral, mortuary, cremation, burial, cemetery, and related services, provided, the services provided must comply with Social Distancing
Requirements defined in this section at all times reasonably possible; and
Critical trades. Building and construction tradesmen and tradeswomen, and other trades, including but not limited to, plumbers, electricians, exterminators, cleaning and janitorial staff for commercial and governmental properties, , security staff, operating engineers, HVAC, painting, moving and relocation services, and other service providers who provide services that are necessary to maintaining the safety, sanitation, and essential operations of residences, Essential Activities, and Essential Businesses, provided that they must, at all times reasonably possible, comply with Social Distancing Requirements defined in this section.
Critical labor union functions that are essential activities that include the administration of health and welfare funds and personnel checking on the well-being and safety of members providing services in Essential Businesses, provided that these checks should be done by telephone or remotely.
Licensed private detectives and agencies and guards and agencies as those terms are defined under Haw. Rev. Stat. ch. 463.
G. For the purposes of this Order, "Minimum Basic Operations" include the following, provided that employees comply with Social Distancing Requirements as defined this section, to the extent possible, while carrying out such operations:
The minimum necessary activities to maintain the value of the business's inventory, ensure security, process payroll and employee benefits, or for related functions.
The minimum necessary activities to facilitate employees of the business being able to continue to work remotely from their residences.
H. For the purposes of this Order, "Essential Travel" includes travel for any of the following purposes. Individuals engaged in any Essential Travel must comply with all Social Distancing Requirements as defined in this section.
Any travel related to the provision of or access to Essential Activities, Essential Governmental Functions, Essential Businesses, or Minimum Basic Operations.
Travel to care for elderly, minors, dependents, persons with disabilities, or other vulnerable persons.
Travel to or from educational institutions for purposes of receiving materials for distance learning, for receiving meals, and any other related services.
Travel to return to a place of residence from outside the jurisdiction.
Travel required by law enforcement or court order.
Travel required for non-residents to return to their place of residence outside the City. Individuals are strongly encouraged to verify that their transportation out of the City remains available and functional prior to commencing such travel.
1. For purposes of this order, residences include hotels, motels, shared rental units, and similar facilities.
For purposes of this order Social Distancing Requirements includes maintaining at least six-foot social distancing from other individuals, washing hands with soap and water for at least twenty seconds as frequently as possible or using hand sanitizer, covering coughs or sneezes (into the sleeve or elbow, not hands), regularly cleaning high-touch surfaces, and not shaking hands.
111. BASIS FOR THE ORDER
This Order is issued based on evidence of increasing occurrence of COVID-19 within the City, as reported by the Centers for Disease Control and Prevention, the State Department of Health, and guidance from the City's medical advisory experts, scientific evidence and best practices regarding the most effective approaches to slow the transmission of communicable diseases generally and COVID- 19 specifically, and evidence that the age, condition, and health of a significant portion of the population of the City places it at risk for serious health complications, including death, from COVID-19. Due to the outbreak of the COVID-19 virus in the general public, which is a pandemic according to the World Health Organization, there is a public health emergency throughout the City. In addition, some individuals who contract the COVID-19 virus have no symptoms or have mild symptoms, which means they may not be aware they carry the virus. Because even people without symptoms can transmit the virus, and because evidence shows that it is easily spread, gatherings can result in preventable transmission of the virus. The scientific evidence shows that at this stage of the emergency, it is essential to slow virus transmission as much as possible to protect the most vulnerable and to prevent the health care system from being overwhelmed. One proven way to slow the transmission is to limit interactions among people to the greatest extent practicable. By reducing the spread of the COVID-19 virus, this Order helps preserve critical and limited healthcare capacity in the City.
This Order also is issued in light of the existence of 41 cases of COVID-19 in the City, as well as at least 56 total confirmed cases in the State of Hawai'i, as of March 22, 2020.
The intent of this Order is to ensure that the maximum number of people self-isolate in their places of residence to the maximum extent feasible, while enabling essential services to continue, to slow the spread of COVID-19 to the maximum extent possible. When people need to leave their places of residence, whether to obtain or perform vital services, or to otherwise facilitate authorized activities necessary for continuity of social and commercial life, they should at all times reasonably possible comply with Social Distancing Requirements as defined in Section Il. All provisions of this Order should be interpreted to effectuate this intent.
Superseding Order. The Office of the Mayor City and County of Honolulu Emergency Order No. 2020-01 (COVID-19 [Novel Coronavirus]) dated March 20, 2020 ("Order 2020-01") is hereby rescinded and superseded by this Order.
Duration. This Order shall take effect on Monday, March 23, 2020, at 4:30 p.m., and shall continue in force and effect until Thursday, April 30, 2020, at 4:30 p.m., or until it is extended, rescinded, superseded, or amended by a subsequent order, or as otherwise provided under Haw. Rev. Stat. ch. 127A.
Enforcement. All law enforcement of the State of Hawai'i and City shall ensure compliance with and enforce these Orders in accordance with Haw. Rev. Stat. 127A-29 and Mayor's Rules.
Promulgation/posting. This Order shall be posted on the City website as soon as practicable in one or more appropriate places, and shall remain posted while in effect.
Severability. If any provision of the Orders or their application to any person or circumstance is held to be invalid, the remainder of the Orders, including the application of such part or provision to other persons or circumstances, shall not be affected and shall continue in full force and effect. To this end, the provisions of the Orders are severable.
KRK W. CALDWELL
City and County of Honolulu
Date: March 22 2020
PAUL S. AOKI
Acting Corporation Counsel
City and County of Honolulu
CVOID-19 HAWAII EMPLOYEE BENEFITS
COVID-19 HAWAII EMPLOYEE BENEFITS
Our office has prepared the following guidance on the unemployment benefits available to workers who may be affected due to a reduction in hours as a result of the novel coronavirus (“COVID-19”). The only state sponsored benefits available to Hawaii workers are unemployment benefits and temporary disability payments. Members who become ill as a result of exposure to and contraction of COVID-19 during their regular course of work may be able to apply for workers’ compensation benefits. We recommend contacting a Hawaii Workers Compensation attorney for more information on workers compensation benefits.
Below is a summary of the Hawaii unemployment and temporary disability insurance benefits, as well as important information on how to file a claim.
WHAT STATE SPONSORED BENEFITS ARE AVAILABLE IN HAWAII?
If members are laid off or placed on reduced hours as a result of COVID-19, they may apply for state unemployment and disability insurance benefits. Below is a summary of these benefits:
UNEMPLOYMENT INSURANCE: For All Employees who are laid off or whose employers-imposed reduction in hours –
Workers may file an Unemployment Insurance (“UI”) Claim, which provides partial wage replacement benefit payments to workers who lose their job or have their hours reduced, through no fault of their own.
If you are totally unemployed, your UI benefit amount will range from $5 to $648 per week.
You must be registered for work within seven calendar days after applying for unemployment benefits by posting your resume online at: http://www.hirenethawaii.com/.
If you are a member of a labor union with a hiring hall, you must submit Verification of Registration for Work (UC-226) from your union to verify you are in good standing and referable to work through your union.
“Partial or Part Total Claim”: If you are working on-call, part-time or on an intermittent basis while seeking full-time work, you may be eligible for part-total unemployment benefits. You must be registered for work, be able and available for work, and make work search contacts for each week you claim benefits.
You can earn up to $150 a week from your employer and still receive your full unemployment check. If you are still attached to your regular employer, not working or working less than your customary full-time hours and earning less than your weekly benefit amount, you may qualify for the difference between your earnings over $150 and your weekly benefit amount. For example, if you earn $200 during a week and your weekly benefit amount is $300, you can still receive $250. However, if your earnings during the week equal or exceed your weekly benefit amount, you will not be entitled to benefits.
TEMPORARY DISABILITY INSURANCE: For Workers Who Are or Become Sick with COVID-19 –
Workers may file a Temporary Disability Insurance (TDI) claim. TDI provides partial “wage replacement” insurance coverage to eligible employees for nonwork-related injury or sickness, including pregnancy. This means that if an employee is unable to work because of an off-the-job injury or sickness and the employee meets the qualifying conditions of the law, the disabled employee will be paid disability or sick leave benefits to partially replace the wages lost. TDI, however, does not include medical care.
Your employer’s plan determines how much benefit you will receive each week and how long you will be paid.
HOW TO APPLY FOR BENEFITS
Generally, the employee is responsible for filing and claiming unemployment and disability insurance benefits related to a reduction in hours due to COVID-19. Below are the steps to file benefits:
Unemployment Insurance (“UI”)
Whose responsibility is it to file a claim for UI?
It is the employee’s responsibility to file a UI claim.
For weekly filing, you certify for the past Sunday to Saturday period. The claim must be filed within seven days from the end of the certification period or benefits may be denied for late filing.
When filing biweekly, you are certifying for the prior two weeks that started on Sunday in the first week and ends on Saturday in the second week. The claim must be filed within seven days from the end of the two week period or benefits may be denied for late filing.
What information do you need to provide for your UI claim?
Your personal information, including social security number.
If you are not a US citizen, you need your alien registration number.
Your employment information for the past 18 months, including employer’s name, address, zip-code, phone number, dates of employment and reason for separation.
Your bank account number and your bank’s routing number. Use your bank routing number and account information on your personal check. To deposit to a savings account, contact your financial institution to obtain the correct routing and account information.
Does your employer need to do anything to qualify your UI claim?
The employer will receive a Notice of Unemployment Insurance Benefits when you file a UI claim. The employer is only required to submit additional information if the employer wants to appeal the decision.
If you are on a partial or part-total claim status, your employer must complete and return form UC-348, Verification of Partial Unemployment Status, within 5 working days from the date mailed. Your employer must also submit the “Weekly Report of Low Earnings” via Electronic Low Earnings Reporting and Monitoring (ELERM) online.
Does your Union need to do anything to qualify your UI claim?
No, the waiting periods for jobless claims related to coronavirus will be waived.
Temporary Disability Insurance (“TDI”)
Whose responsibility is it to file a claim for TDI?
It is the employee’s responsibility to file a TDI claim.
How to file a claim:
Notify your employer immediately of your disability.
Ask for Form TDI-45, Claim for TDI Benefits, from your employer OR contact the State of Hawaii Disability Compensation Division. You can find contact information here: https://labor.hawaii.gov/dcd/contact/1-2/
When to file a claim:
You must file your claim within 90 days from the day you were disabled. If you file your claim after 90 days, you may lose part of your benefits unless good cause can be shown. If you file your claim more than 26 weeks after your disability, you will not be entitled to any benefits.
What information do you need to provide for your TDI claim?
Personal information, contact information, and your social security number.
Description of your disability – sickness or injury.
Your employment information.
Other benefits you are receiving or claiming as a result of your disability.
Does your employer need to do anything to qualify your TDI claim?
Yes, your employer must complete Part B, Employer’s Statement of Form TDI-45.
If your employer is not self-insured, you must mail the form to your employer’s TDI insurance company.
Does your medical provider need to complete anything to qualify your TDI claim?
Yes, you must take Form TDI-45 to your physician and your physician must fill out Part C, Doctor’s Statement to certify your disability.
Is there a waiting period for benefits?
It depends. Your employer’s plan determines whether you have to serve a waiting period. If your employer has a statutory plan, i.e. a plan that provides benefits according to minimum benefit standards, there is a required 7-day unpaid waiting period.
Please be advised that guidelines, information, and procedures are changing daily. You can find updates and additional information at the following websites:
During an investigatory interview, the Supreme Court ruled that the following rules apply:
Rule 1: The employee must make a clear request for union representation before or during the interview. The employee cannot be punished for making this request.
Rule 2: After the employee makes the request, the employer must choose from among three options:
grant the request and delay questioning until the union representative arrives and (prior to the interview continuing) the representative has a chance to consult privately with the employee;
deny the request and end the interview immediately; or
give the employee a clear choice between having the interview without representation, or ending the interview.
Rule 3: If the employer denies the request for union representation, and continues to ask questions, it commits an unfair labor practice and the employee has a right to refuse to answer. The employer may not discipline the employee for such a refusal.
Searching for supplemental insurance but cannot find any through an employer? Contact Joao N. Oppenheim, AFLAC Senior Adviser @ (808) 476-9183 for more information. Please inform Joao the name of company and Teamster affiliation. Teamster Local 996 in cooperation with AFLAC presents the best supplemental insurance for you and family. Don't wait call today.
UNION PLUS benefits for Union members. unionplus.org
Standing up for Union members and families. Please visit the Union Plus website for tremendous Benefits and Discounts on Home, Travel, Fun, Auto, Insurance, Health and Education.