Blogs

How Long Does An Employee Have to File A Wrongful Termination Claim?

By Hilary Atkins posted 3 days ago
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A member asked us: What is the time limit on a wrongful termination claim? Brooke Duncan, from the law firm Adams and Reese in New Orleans, LA, responds: In most states, unless an employee is subject to an employment contract, there can be no claim for wrongful termination. This is what is meant by "at will" employment. As for claims under various statutes such as those dealing with employment discrimination, the answer varies depending on the statute (and remember, there are both state and federal discrimination statutes).  DISCLAIMER This response is intended for general informational purposes only and should not be construed as legal advice or a ...
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SBA to Prioritize Smallest Businesses, Expand Access for PPP Loans

By Chris Czarnecki posted 3 days ago
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The SBA recently announced steps it is taking to prioritize the smallest businesses and other individuals for PPP loans.  They include:  Establishing a 14-day, exclusive PPP loan application period for businesses and nonprofits with fewer than 20 employees Allow sole proprietors, independent contractors, and self-employed individuals to receive more financial support by revising the PPP’s funding formula for these categories of applicants Eliminate an exclusionary restriction on PPP access for small business owners with prior non-fraud felony convictions, consistent with a bipartisan congressional proposal Eliminate PPP access restrictions on small ...
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ACCA Supports Delay in 2020 NEC GFCI Requirement Due to Nuisance Trips

By David Bixby posted 8 days ago
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Executive Summary: ACCA supports an emergency amendment submitted by AHRI. The amendment delays the requirement for GFCI disconnects for inverter driven (or power conversion) equipment until 2023.  An NFPA Standards Council decision on the amendment is not expected until April 2021. Background: A proposed emergency amendment has been submitted for the 2020 National Electrical Code (NEC) by the Air-Conditioning, Heating & Refrigeration Institute (AHRI).  The proposed Tentative Interim Amendment (TIA) requests a 2-year delay in the effective date for the requirements in Section 210.8(F), which requires GFCI protection on all outdoor outlets supplied ...
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OSHA Issues New COVID-19 Guidance for Employers

By Chris Czarnecki posted 22 days ago
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Last week the Occupational Safety and Health Administration (OSHA) posted updated guidance regarding COVID-19, primarily focusing on the prevention of spreading the virus in the workplace. This is not an enforceable order or regulation. Some suggestions and best practices highlighted in the guidance include, but are not limited to, the following: Designating a workplace coordinator to oversee COVID-19 prevention programs and other related matters Acknowledging and informing employees on how they may be exposed while at work and taking steps to reduce said exposure Employees should remain physically distant in the workplace Physical barriers should ...
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Travel Time for Technicians

By Hilary Atkins posted 30 days ago
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A member asked us: We pay a flat daily amount of $15 to our techs which we call a “travel fee.” Should this payment be considered part of a tech’s compensation, and if so, should the payment be counted when the tech works overtime?  If the tech is an independent contractor, getting a 1099, do overtime rules apply?  What are the requirements to be classified as an independent contractor? Brooke Duncan, from the law firm Adams and Reese in New Orleans, LA, responds: Hourly employees must be paid at least minimum wage for all hours they are in the service of the employer, and that includes time spent in going from one assignment to another. Travel time ...
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Combustion Safety: Get Good

By Wes Davis posted 01-22-2021
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In Baltimore, an HVAC contractor did some work on an HVAC system. Later at least two people died and homes were destroyed . In Illinois a young HVAC worker’s actions appear to have led to destruction of a home . Photo: Bureau of Labor Statistics There is a lot that we don’t know about what happened during these incidents or why. However, we all need to take steps to ensure our technicians go home healthy and uninjured and our customer’s property is kept safe and whole. Here are five steps to take that help achieve that goal: Leak checks: Even before technicians begin to uninstall the old equipment, they should sweep the equipment area with a gas ...
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ACCA Template to Request States Not to Adopt GFCI Protection for Outdoor HVAC in 2020 NEC - Nuisance Trips

By David Bixby posted 01-22-2021
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The 2020 Edition of the National Electrical Code (NEC) now requires ground-fault circuit-interrupter (GFCI) protection for outdoor outlets, which would include disconnects for HVAC/R condenser units and other outlets.  The new requirement is shown below. 210.8(F) Outdoor Outlets.   All outdoor outlets for dwellings, other than those covered in 210.8(A)(3), Exception to (3), that are supplied by single-phase branch circuits rated 150 volts to ground or less, 50 amperes or less, shall have ground-fault circuit-interrupter protection for personnel. ACCA and the HVAC/R industry have voiced concerns that currently available GFCI’s installed on ...
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ACCA Takes the Stairs for Contractor & Consumer Safety in Attics

By David Bixby posted 01-20-2021
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In response to a request from the Conditioned Air Association of Georgia ( CAAG ), ACCA has submitted a proposal to revise the International Residential Code (IRC) to require installation of pull-down stairs to access equipment or appliances located in attics.  The proposal would exempt attics that already have existing appliances installed and maintained.  ACCA’s reasoning for this is that although the IRC specifies an attic access opening sized for the largest equipment, it does not require a secure, energy-efficient access, which is needed for personnel and consumers' safety. The above proposal was developed by the ACCA Codes Subcommittee based on an amendment ...
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ACCA Presses Senate Small Business Committee on Importance of SBA Confirmation Hearing

By Chris Czarnecki posted 01-19-2021
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Today ACCA pressed the Senate Committee on Small Business and Entrepreneurship, urging them to act quickly to to schedule a confirmation hearing for Isabel C Guzman, President-elect Joe Biden’s nominee to lead the Small Business Administration (SBA). The incoming SBA administrator will be expected to oversee the disbursement of the recently approved second round of Paycheck Protection Program (PPP) loans , as well as other financial aid intended for small businesses. A smooth transition will help ensure continuity and cohesion at SBA, allowing the agency to oversee and administer its programs more efficiently--to the benefit of small business owners across ...
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Can I Dock My Employee's Pay?

By Hilary Atkins posted 01-18-2021
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A member asked us: Help! I have an employee who continually makes mistakes on the job and it is adding up and costing me money! Can I legally dock his pay? ACCA’s General Counsel Hilary Atkins responds: The Fair Labor Standards Act does not appear to prohibit reducing a non-exempt employee's hourly wage for mistakes made on the job, provided the employee is still receiving the minimum wage required by law. There may be other concerns under this scenario, however. If an employer chooses to dock pay for an employee's mistakes, the employer should have a written policy concerning this issue, ensure that the employee is aware of the policy, clarify in the ...
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Transitioning to Electronic Employee Personnel Files

By Hilary Atkins posted 01-18-2021
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A member asked us: I am looking for some feedback. I recently transitioned all personnel files to electronic format in our organization and have held onto the paper files since doing so. Perhaps as a safety net of some sorts, but our server backs up nightly so I feel confident the records are saved on our system. For those who have transitioned to electronic personnel files, what did you do with your paper records? Seems too simple to just shred them to me...but maybe I making a bigger deal than necessary. Thoughts? Hilary Atkins, ACCA’s General Counsel, replies: Record-keeping requirements can be confusing given that there are numerous regulations that ...
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DOE Issues Final Interpretive Rule Allowing Non-Condensing Furnaces

By Chris Czarnecki posted 01-15-2021
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Today the Department of Energy (DOE) issued a final interpretive rule on separate product classes for certain gas-fired condensing and non-condensing appliances including furnaces, preserving consumer choice and flexibility as it pertains to the heating equipment and fuel that they use. The rule states that "the context of residential furnaces, commercial water heaters, and similarly-situated products/equipment, use of non-condensing technology (and associated venting) constitute a performance-related “feature” under the Energy Policy and Conservation Act (EPCA) that cannot be eliminated through adoption of an energy conservation standard." In other words, ...
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COVID-19 Employer Sick Leave Requirements Now Expired

By Chris Czarnecki posted 01-14-2021
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You may recall that the Families First Coronavirus Response Act (FFCRA), enacted in March 2020, required employers to provide employees with two weeks of fully paid sick leave (up to $511 daily and $5,110 total) for COVID-19 related absences. This provision expired on December 31, 2020. While employers are no longer required to provide 2 weeks sick leave for COVID-19 related absences, they can voluntarily provide such leave. The tax credits put in place to compensate employers for said leave are still in place, though they are set to expire on March 31, 2021.
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Paycheck Protection Program: Round Two

By Chris Czarnecki posted 01-12-2021
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On Monday the Small Business Administration (SBA) opened opened applications for the second round Paycheck Protection Program (PPP) loans. Currently, only first time borrowers are eligible to apply. On Wednesday January 13th, the application will open to other businesses who can certify that they had a 25 percent or greater reduction in gross receipts through a given quarter in 2020 compared to the same quarter in 2019. The second round of loans are also limited to businesses with 300 employees or less and will be capped at $2 million or up to 2.5 times the average monthly payroll costs from the previous year (whichever is less). The second round of PPP loans ...
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Climate Change and the HVACR Industry

By Alyx Simon posted 01-08-2021
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2019 was recorded as the second warmest year in the 140-year record of climate data. 2019 was also the 43rd consecutive year where global land and ocean temperatures were nominally higher than the 20th-century average. While climate change is a natural phenomenon, scientists who study climate change predict our planet's continued abuse could lead to increased natural disasters, unfit living conditions, rising sea levels, and much more. Earth is getting warmer. With this information, the big question that remains is,  w hat can we do as an industry to make a  difference?   What is Climate Change?   Climate change is  the  long-term alteration ...
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COVID Relief Bill Changes Health and Dependent Care FSAs for 2020 and 2021

By Hilary Atkins posted 01-07-2021
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I think we can all agree that 2020 was something of a unique year. For better – or many think, for worse – so many things were constantly changing and almost nothing was guaranteed to happen until it was actually happening. Now that we have a new calendar to look to for 2021, employers and employees have new FSA relief provided for in the Consolidated Appropriations Act of 2021 (the “Act”). The Act provides a number of relief items for plan participants that employers may choose to implement for their health FSA and dependent care FSA plans. All of the items are optional with an employer being able to implement some, all or none of the changes. Employers ...
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Do I Need to Make Sure My Employees Have Access to Coronavirus Vaccines?

By Hilary Atkins posted 01-07-2021
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A member asked us: I have gotten a couple of questions from my employees regarding the corona virus vaccines. When they are available in my state, do I need to pay for them for those that qualify? Hilary Atkins, ACCA’s General Counsel, replies: An excellent question and timely to boot. As COVID-19 vaccines have become available, the question has arisen from several of our members as to whether the employer must pay for them and make sure they are available for its employees. According to the CDC, vaccine doses purchased with U.S. taxpayer dollars will be given to the American people at no cost. However, vaccination providers will be able to charge an ...
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IRS Lowers Standard Mileage Rate for 2021

By Melissa Broadus posted 01-06-2021
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On January 1, 2021, the Internal Revenue Service (IRS) published its standard mileage rate for the year. ACCA encourages its members to share the information below with their employees, regardless of whether they pay their employees' mileage, or require them to deduct them from their taxes. The 2021 rates are as follows: 56 cents per mile driven for business use, down 1.5 cents from the 2020 rate. 16 cents per mile driven for medical or moving purposes for qualified active-duty members of the Armed Forces, down 1 cent from the 2020 rate. 14 cents per mile driven in service of charitable organizations, the rate is set by statute and remains unchanged ...
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What Do I Do if My Employee Refuses To Be Vaccinated for Covid-19?

By Hilary Atkins posted 01-03-2021
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A member asked us: What can we do if an employee refuses a Covid-19 Vaccine now that they have become available and will be done increasing in frequency as 2021 rolls out? Hilary Atkins, ACCA’s General Counsel, replies: This is a question on every employer’s mind right now, and very timely for this forum. As COVID-19 vaccines have become available, many employers are asking if they can require employees to get vaccinated, and what they can do if workers refuse. The Equal Employment Opportunity Commission (EEOC) weighed in December 16, 2020 with guidance that answers some workplace vaccination questions . Employers may encourage or even at times require ...
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How Do I Deal With an Employee Out on Workers' Comp?

By Hilary Atkins posted 01-03-2021
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How Should I Deal with an Uncooperative Employee Out on Workers Comp? We have an employee on a worker's comp claim.  He is being very uncooperative with returning phone calls, showing up for doctor's appointments, and turning in paper work. Is there anything we can do as an employer to "enlist" his cooperation? Can we discipline him when he returns to work full time? Hilary Atkins, ACCA’s General Counsel responds: The Workers Compensation law of most states prohibit employers from terminating employees who have filed a claim for workers compensation benefits. Your state (Louisiana) has such a law (Louisiana Revised Statutes 23:1361), and there may be exceptions ...
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