A couple of important takeaways:
Think twice before using unpaid "volunteers" to fill staff shortages - the FLSA generally mandates that workers be paid at least minimum wage for all work performed;
Non-exempt employees do not have to be paid if they are not working;
Exempt employees generally have to be paid full salary if they work any part of a week;
Employers may encourage or require telework, and must consider it as a reasonable accommodation;
The guidance does not state specifically whether COVID-19 is a serious health condition under the FMLA;
Employees who stay home simply to avoid contracting COVID-19 are not covered under the FMLA;
Employees should remember that Title VII anti-discrimination laws apply with respect to employer policies and decisions, even amid COVID-19; and
Employers may require a doctor's note prior to returning to work.
For additional resources on COVID-19, please access HSB's resource page.