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  • Ted Uppole

NDERA update March 30, 2020 7:45 p.m.

Updated: Mar 31, 2020

You know how I spent all day on the phone with folks and putting out clarifications that under NDERA a contractor didn’t automatically have to grant a person furlough unless there were conditions that existed on their specific job site that put them in “imminent danger of contracting coronavirus”?

Yeah well, apparently the folks at NECA National disagree. They’ve issued a new FAQ on NDERA and, at least as I read it, it will be very difficult to prevent an employee from unilaterally demanding a furlough and gaining access to unemployment benefits. I’ll be honest. I can’t fathom how the same organization can lobby for getting the construction industry exempt from SAH orders on one hand and then make it so very easy for their workforce to not actually work on the other. I’m incredibly frustrated and I’m sure all of you are as well. I’m truly sorry we can’t be more clear, consistent, and helpful right now.

In any event, there’s a webinar tomorrow and I’ve already submitted questions to the presenter asking for clarification on this in the hopes that maybe I’m reading this wrong. If I’m not, then I’ll edit the blog posts concerning our termination options tomorrow.

Stay safe all.

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