As Texas has slowly reopened over the course of the last month, one of the greatest challenges facing employers is getting employees back to work. Many Texas workers have found that they are making more on unemployment benefits than they made while they working. In particular, the extra $600 per-week benefit introduced by the CARES Act has, without question, disincentivized employees from returning to work when called back in. Other workers are simply reluctant to return to work due to fear of contracting COVID-19 in the workplace. Most businesses need employees to operate, so the question then becomes, how do we compel employees to come back to work?

In a press conference this afternoon, Governor Greg Abbott announced that he has signed three Executive Orders outlining his plan to “reopen Texas,” one of which includes the formation of a Strike Force to Open Texas to monitor and develop the “reopening” strategy. The Strike Force will bring together nationally recognized medical experts with public and private sector leaders who will advise the Governor on safely and strategically reopening business in the State of Texas. A copy of this Executive Order can be found here: Strike Force to Open Texas.

Local, State, and Federal officials are discussing plans to begin lifting social distancing restrictions over the coming weeks. Businesses shut down by such restrictions are already making plans to reopen. But it will not be business as usual when operations resume. Employers should start thinking through new employment complications that are likely to accompany employees’ return to work and should make a plan for protecting employees from the virus while at work.

On April 1, 2020, the Department of Labor (“DOL”) Wage and Hour Division issued new regulations in order to aid in interpretation under the Families First Coronavirus Response Act (“FFCRA”). The FFRCA entitles employees to paid leave under two separate provisions: (i) the Emergency Paid Sick Leave Act (“EPSLA” or “Paid Sick Leave”); and (ii) the Emergency Family Medical Leave and Expansion Act (“EFMLEA” or “Expanded FMLA”) .

Earlier today, the U.S. Department of Treasury issued a PRESS RELEASE which provides an additional summary of the CARES Act and includes links to the Small Business Administration (SBA) website and the U.S. Department of Treasury website where you will find a link to the Paycheck Protection Program Loan Application form and other helpful information.

As of today, Montgomery County, Texas has officially issued a “Stay Home, Stop the Spread” Order – effective from11:59 p.m. March 27, 2020 until 11:59 p.m. April 12, 2020. Like similar orders issues by many other States, Counties, and Cities, Montgomery County residents are ordered to stay at their place of residence except for “Essential Activities”. The Stay at Home, Stop the Spread Order requires all businesses except “Essential Businesses” to cease all activities at facilities located within Montgomery County.