Some of our clients had questions regarding payment of hourly employees during the mandatory shutdown. Here is the advice we have received from legal counsel:
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We were provided with a sample MOA for the purposes of entering into an agreement with your union officials, which was used recently in a Massachusetts district. Click here to access sample.
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Most clients are still paying staff differentials to affected employees (i.e., paraprofessionals who get differentials for 1:1, toileting, etc.).
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With regard to spring coaches, most clients are planning to either prorate based on when the season may start or not at all if the season is cancelled since the work is not being performed at all and is completely separate from the employee’s normal job.
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Most clients are just paying those who may be called in to work (food service, custodians) their normal wages regardless of whether they work or not. Some clients are thinking about paying something additional if employees actually have to work, but in the opinion of counsel this could cause issues.
Based on research by legal counsel, the use of a platform for electronic signatures for warrants (i.e., DocuSign) is acceptable.
TMS has also learned that the National Student Transportation Association (NSTA) is urging both federal and state governments to require school districts to fund transportation during periods of school closure. You can read more about this issue here. We will continue to monitor this situation.