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Q&A from Office of Nightlife Town Call for Hospitality Workers — December 15, 2020Worker rightsHow do I enact the Freelancers Aren’t Free Act to get delinquent employers to pay outstanding invoices?DCWP: Please send an email over to freelancer@dca.Financial assistanceAm I eligible for assistance if I have a non-resident alien status and hold a work visa?MOPP: You do not have to be a U.S. citizen or hold a Green Card to qualify for PUA, but you must have been working with a valid work permit and currently possess a valid work permit.Is there any direct financial aid to individual artists and small arts Myself and most people I know have been surviving off of unemployment if they are lucky enough to have gotten through to the NYSDOL?MOPP: Another possibility might be the Payroll Protection Program, which may be brought back by Congress; the discussion has been to have another round of this program that focuses on smaller businesses.Can we push the Mayor and Governor for rent relief and grants to help small businesses and restaurants?SBS: Both the Mayor and the Governor are currently advocating for Federal relief that includes specific relief for small businesses.Will additional pandemic unemployment assistance (PUA) be brought back?MOPP: It’s set to expire on 12/26, but we’re hopeful it will be extended. However, if benefits are not renewed, they will cease, full stop.How long will the indoor dining shutdown last?SBS: We do not yet know how long the Governor will keep indoor dining closed.Please explain if the NYSDOL Extended Benefits (E.B.) program adds a possible extra 20 weeks to the 39 previous, or is it 46 total weeks of U.I. for claimants?MOPP: Yes, the 20 weeks is ON TOP of the 39 that you get from regular uninsurance plus the extra 13 weeks from the federal government.Forty-six weeks is the total for folks covered by PUA.What if you claimed less than 46 weeks overall on your PUI? Is it possible to claim the weeks that were not claimed for any reason or missed when claiming at the moment they were supposed to be claimed?MOPP: If you’ve claimed fewer than 46 weeks under PUA, you should still be able to make claims prospectively/going forward (assuming the program is continued). Ordinarily, if you don’t certify for a week’s worth of benefits within the following days, you may not be able to collect benefits for that week. You can still see if NYS DOL will consider reviewing evidence you have of not having had enough work/income for particular weeks.You can call DOL, explain the situation to them, and see if they can make adjustments retroactively; you might want to consult with an attorney to get specific legal advice about your case.Which is the best agency for my non-citizen employees to get financial assistance without being in danger for their Immigration status?DCWP and MOPP: We encourage workers to make an appointment for free financial counseling. No immigration or income limit. For the health and safety of our providers and clients, NYC Financial Empowerment Center sessions will be conducted over the phone. Create an account and book an appointment online at TalkMoney or call 311 and ask for Financial Counseling Appointment.Additionally, folks who have authorization may still qualify for unemployment insurance and should explore this. Start with HRA benefits at accesshra for more information. Health and wellnessPlease explain the process and guidance should an employee test positive after working at the restaurant, then reporting the positive case to Test and Trace. What is the basis to be required to close the restaurant or not?SBS and HHC: Call the Health Department at 866-692-3641 with any questions or report a confirmed COVID-19 case. You are not REQUIRED to close your business. A health representative will work with you on the next steps. Do not be afraid to report. There is not a one size fits all response; we will work with you.Freelancer colleagues who have been out of work are being told they do not qualify for Medicaid because they made too much money - do they have any options?HHC: Medicaid eligibility is based on monthly income (not yearly). They should be eligible if they are not earning income. While the state does use information from last year’s taxes, there is an opportunity to say that your income this year will be different. Colleagues should call 311 and ask for assistance with enrolling in insurance.Medicaid income eligibility is $875 for a single person. They are over if they receive full U.I. and/or pandemic assistance - but they still cannot afford insurance on the market- do they have any options besides 311?HHC: For Medicaid, the additional $600 per week of PUC is not countable and should be excluded in determining eligibility, but other U.I. benefits are counted. The folks at GetCovered (who you can access through 311) will be able to talk folks through what kind of income is counted and what is not. If someone is only eligible for marketplace coverage, that is, unfortunately, the option that is available for themWhere can people who have lost health insurance/do not have health insurance find the most comprehensive list of affordable options? Is today the last day of open enrollment for 2021?HHC: Folks should go to to explore their options. The one application that can be found there is for all types of insurance: Medicaid subsidized individual health plans, etc. The open enrollment period ended on December 15 at the federal marketplace for other states, but the N.Y. open enrollment period runs until 1/31/21. And folks can enroll in Medicaid all year long. Thanks for the question!311 can get someone connected to a specialist who can help with the NYS of Health process (found at that link), but people can also go to the site and do it themselves.Business operationWe have permanent electric heaters that are mounted to our permanent structure. Do these fixtures need to be removed?SBS: Electric heaters installed in roadway dining areas were required to be “temporary” for this very scenario. Due to the dangerous nature of these during a storm, please do whatever possible to remove or disconnect temporarily.Regarding employee benefits, what is the measurement period for the count of employees up to 100 employees?DCWP and MOPP: As of January 1, 2021, employers must provide up to 56 hours of paid safe and sick leave if they employ 100 or more employees. Employers should count all employees who work for pay on a full-time, part-time, seasonal, or temporary basis. Employers that have operated for less than one year:Additionally, employers should count the number of employees performing work for pay per week. If the number fluctuates, employer size may be determined for the current Calendar Year based on the average number of employees per week who worked during the 80 days immediately preceding the employee’s date of safe and sick leave.’s the largest size group that can be seated together for outdoor dining?SBS and Mayor’s Counsel: The maximum allowable group that can be seated together is ten people. However, if you are in an NYS orange or yellow COVID zone, the maximum is four people.What is the guidance for live events at venues? Restaurants and other on-premises food and beverage establishments that have a license through the SLA can only offer on-premises music if their license certificate allows explicitly for such activity. - All other forms of live entertainment (e.g., exotic dancing, comedy shows, karaoke, etc.) are not permissible. Dancing and bar games (e.g., darts, pool, cornhole) are not allowed. ................
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