The Push for Covid-19 Hazard Pay: Bills, Laws, and Ongoing Efforts

The Covid-19 pandemic placed frontline workers across the country at tremendous risk as they continued serving and caring for others. Many unions, workers, and advocates pushed for hazard pay to compensate essential employees for this heightened danger. While federal legislation stalled, state and local governments enacted various policies, prompting disputes and ongoing efforts to provide Covid hazard pay.

Background of Covid Hazard Pay

Hazard pay refers to additional compensation for work involving physical hardship or elevated risk It has frequently applied to military combat zones or highly dangerous civilian professions. With Covid-19, many argued that frontline healthcare workers and other essential staff faced comparable jeopardy deserving of bonus pay

Key arguments for Covid hazard pay included

  • Exposure to a deadly, highly infectious disease
  • Long hours caring for the severely ill
  • Emotional toll and trauma witnessed
  • Lack of adequate PPE early on
  • Potential to spread the virus to families
  • Ongoing stress and exhaustion

Many unions incorporated hazard pay proposals into contract negotiations and collective bargaining with employers. Hazard pay emerged as a national issue needing consistent policy.

Federal Efforts for Pandemic Hazard Pay

Senator Mitt Romney proposed the Patriot Pay Act in May 2020. It would give essential workers an extra $12 an hour from March to July 2020, for a total of up to $1,920 a month. Healthcare workers could get up to $2,880 more. However, the Senate rejected this temporary hazard pay.

In July 2020, House Democrats passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act, encompassing $190 billion for hazard pay to essential workers. Hospitals and employers would receive funds to distribute as bonus pay to staff who regularly interacted with patients or the public. Police, firefighters, teachers and transportation workers qualified The HEROES Act stalled in the Senate due to disputes over the size and scope of Covid relief packages

A $3 trillion cut to the HEROES Act was passed by the House in November 2020. It earmarked $180 billion for essential worker hazard pay, including:

  • Up to $10,000 for health care workers over 6 months
  • Up to $5,000 for other essential workers based on hours

This revision also idled in the Senate. Bipartisan negotiations produced the $900 billion December 2020 Covid relief package, which lacked any hazard pay provisions. While federal essential worker pay never passed, state and local governments enacted varied policies.

State and Local Hazard Pay Measures

Since there was no overall federal solution, hazard pay became a problem for each state, city, and employer. Responses fragmented across jurisdictions:

  • Vermont approved $1,200 to $2,000 bonuses for frontline state employees in 2020.

  • Philadelphia allocated $25 million for contract tracing and direct care workers earning under $100,000 annually.

  • The Houston Health Department distributed $5 million in hazard pay up to $1,000 per employee.

  • Minnesota provided $250 million in hero pay for frontline workers earning under $350,000.

  • Seattle passed a new payroll tax on large corporations to fund $4 per hour in hazard pay for grocery workers during the pandemic.

  • California approved one-time $500 to $1,000 grants for state-licensed hospital and ICU nurses under a temporary Nurse Training Fund.

Beyond one-off bonus programs, some governments enacted ongoing hourly wage premiums for the duration of public emergency declarations. Unions also negotiated hazard pay provisions into new contracts, especially for nurses and healthcare staff.

Covid Hazard Pay Disputes and Challenges

Despite piecemeal efforts, comprehensive pandemic hazard pay failed to materialize, spurring continued advocacy and legal conflicts.

  • Unions pressed lawsuits seeking hazard pay denied to members under existing contracts.

  • Workers not covered under state or local programs protested for inclusion.

  • Essential corporations resisted new local taxes funding employee hazard pay.

  • Governments weighed back pay demands against strained budgets.

One major dispute unfolded in Hawaii, where the Hawaii Government Employees Association demanded up to $50 million in unpaid hazard stipends for state and county workers under emergency proclamations. This remains contested, as governments face budget constraints.

As the threat diminished, some jurisdictions wound down Covid hazard pay programs despite union objections. For example, Seattle ended grocery worker hazard pay in 2021 even amid company lawsuits fighting the policy.

Ongoing Hazard Pay Initiatives

Though most temporary Covid bonus pay programs expired, the push for essential worker pay persists:

  • Unions continue demanding hazard compensation through lawsuits and negotiations.

  • Legislation proposed in Hawaii would mandate premium pay during any future emergency proclamation.

  • Lawmakers in some states plan bills to attract and retain healthcare staff through higher pay.

  • Some unions incorporated new hazard pay provisions into recent contract renewals should another health crisis emerge.

  • Advocates maintain the federal government should fund essential pay continuity plans for future outbreaks.

While large-scale Covid hazard pay failed, the movement increased focus on compensating frontline workers amid heightened risk. As governments and employers debate the issue, new policies or agreements may emerge responding to demands for emergency pay equity. Essential workers argue bonus pay acknowledges their service and sacrifices keeping society functioning through an unprecedented pandemic.

Key Takeaways on Covid Hazard Pay

  • Covid hazard pay aimed to compensate high-risk essential work during public health emergency declarations.

  • Federal hazard pay bills passed the House but stalled in the Senate due to cost disputes.

  • State and local governments enacted varying Covid bonus pay policies and programs.

  • Unions continue pushing lawsuits and negotiations for denied hazard compensation.

  • Disagreements weigh budgets against honoring essential worker demands.

  • Advocacy persists for standby pay equity plans before future outbreaks.

Despite limited policies, the Covid pandemic strengthened worker voices and awareness around health crisis hazard pay. This concept will likely resurface whenever America faces the next public emergency threatening frontline services.

My employer is requiring me to undergo COVID-19 testing on my day off before I can return to the jobsite. Do I need to be paid for the time spent undergoing the testing?

It depends, under the FLSA, your employer is required to pay you for all hours that you work, including for time on your vacation day if the task you are required to perform is necessary for the work you are paid to do. For many employees, undergoing COVID-19 testing may be compensable because the testing is necessary for them to perform their jobs safely and effectively during the pandemic. For example, if a grocery store cashier who has significant interaction with the general public is required by her employer to undergo a COVID-19 test on her day off, such time is likely compensable because it is integral and indispensable to her work during the pandemic. Other laws may offer greater protections for workers, and employers must comply with all applicable federal, state, and local laws.

2 Is hazard pay required under the FLSA for employees working during the COVID-19 pandemic?

No, the FLSA does not require hazard pay; FLSA generally requires only payment of at least the federal minimum wage (currently $7.25 per hour) for each hour worked and overtime compensation for each hour more than 40 worked in a workweek in the amount of at least one and a half times the employee’s regular rate of pay. In some cases, hazard pay may be determined privately between employers and employees or their authorized representatives. State or local laws may also impose other obligations; you may wish to contact your state labor office to determine whether there are any state laws that address hazard pay. You may locate that office by visiting: https://www.dol.gov/agencies/whd/state/contacts.

Home health care workers can get $1,500 COVID-19 hazard pay

FAQ

Is hazardous duty pay related to exposure to Covid 19?

There is no authority within the hazardous duty pay or environmental differential statutes to pay for potential exposure.

What is hazard pay for federal employees?

Hazardous duty pay is additional pay for the performance of hazardous duty or duty involving physical hardship. Hazardous duty pay is payable to General Schedule (GS) employees covered by chapter 51 and subchapter III of chapter 53 of title 5, United States Code.

How is hazard pay calculated?

Hazard pay is an addition to your regular hourly wages or salary, typically in the form of an hourly rate. You may also receive hazard pay in a percentage, for example, a 15% premium from your employer when the employee works under hazardous conditions.

Who qualifies for hazard pay in Texas?

Certain state employees perform hazardous duties and are eligible for hazardous duty pay. Commissioned law enforcement officers or custodial officers are eligible for hazardous duty pay of $10 a month for each 12-month period of lifetime service credit.

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