Agenda - Council Work Session - 03/08/2022

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U.S. DEPARTMENT Op THE TREASURY 3. Confirm that the premium pay"responds to"workers performing essential work during the COVID-19 public health emergency. Under the final rule,which broadened the share of eligible workers who can receive premium pay without a written justification, recipients may meet this requirement in one of three ways: " Eligible worker receiving premium pay is earning(with the premium included) at or below 150 percent of their residing state or county's average annual wage for all occupations, as defined by the Bureau of Labor Statistics' Occupational Employment and Wage Statistics., whichever is higher, onan annual basis; or ~ Eligible worker receiving premium pay is not exempt from the Fair Labor Standards Act overtime provisions; or = If a worker does not meet either of the above requirements,the recipient must submit written justification to Treasury detailing how the premium pay is otherwise responsive to workers performing essential work during the public health emergency. This may include a description of the essential worker's duties, health, or financial risks faced due to[OV|D'19, and why the recipient determined that the premium pay was responsive.Treasury anticipates that recipients will easily be able to satisfy the justification requirement for front'Unevvorkers, like nurses and hospital staff. Premium pay may be awarded in installments or lump sums(e.g., monthly, quarterly, etc.)and may be awarded to hourly, part-time, or salaried or non'hour|yworkers. Premium pay must be paid in addition to wages already received and may be paid retrospectively.A recipient may not use SLFRF to merely reimburse itself for premium pay or hazard pay already received bythe worker, and premium pay may not be paid tovolunteers. Comnovirus State& Local Fiscal Recovery Funds:Overview of the Final Rule <1S. Department qf the Treasury 36