CRA: Last Call Times and Takeout

Curated news from the CRA.

Medical mask with dollars and the words paid sick leave on a blue background. Concept of economic dependence on the COVID-19 coronavirus pandemic.
In a glimmer of good news, operators aren’t required to pay high-school employees sick leave if they quarantine on the advice of their school district. / Ilnaz Bagautdinov ©

Local Third-Party Delivery Fee Caps Passed

Both Aurora and Commerce City voted to approve temporary third-party delivery fee caps on Monday night. These ordinances will cap the fees that restaurants pay to third-party delivery companies at 15 percent of the purchase price of the meal, and prohibit a third-party delivery company from posting a restaurant’s menu or information without their consent. Both ordinances will sunset on March 31, 2021.

We know how crucial these local ordinances will be to restaurateurs, especially now that many of you are limited to outdoor dining and to-go service. We continue to advocate for restaurant third-party delivery assistance in local governments across the state, and we want to extend a heartfelt thank you to the local governments who have already acted to support their local restaurants by getting these fee caps in place.

FFCRA Paid Leave Clarification

We have heard from many of you that you have high school-aged employees who have been instructed to quarantine due to a possible exposure by their school districts or teachers. Our legal resource partners with Fisher Philips confirmed that under the current Families First Coronavirus Response Act guidelines, recommendations to quarantine from teachers or school officials are not qualifying reasons for paid sick leave. As a reminder, employers must provide paid sick time “to the extent the employee is unable to work (or telework) due to a need for leave because:

  1. The employee is subject to a federal, state or local quarantine or isolation order related to COVID-19.
  2. The employee has been advised by a health care provider to self-quarantine due to concerns related to COVID-19.
  3. The employee is experiencing symptoms of COVID-19 and seeking a medical diagnosis.
  4. The employee is caring for an individual who is subject to an order or self-quarantine as described above.
  5. The employee is caring for a son or daughter if school or child care is closed/unavailable.
  6. The employee is experiencing “any other substantially similar condition”.

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