June 30, 2020
Dear Brothers and Sisters,
After an intense WebEx Conference call with the Company yesterday regarding the new "Well for Work" App, the Company has postponed its launch for July 2, 2020. The TWU/IAM Association required more information on the effectiveness of the new app.
The Company maintains that the "Well for Work" solution is a self-service tool to streamline this process and create another layer that can be used by all members against the spread of COVID-19. However, questions were raised on whether it would violate the Health Insurance Portability and Accountability Act (HIPAA). The Company contends it does not because the questions are general.
Other issues raised were the difficulty of reaching 100% compliance since many members do not have cell phones or home computers. Also, no knowledge if other members you are working with, complied with the questionnaire. If, based on your answers, you should not come into work. Will you use existing sick leave or would be directed to Pandemic Leave? The biggest question, what about those who show no signs of COVID-19?
An amendment to the Illinois Wage Payment Collection Act ("IWPCA"), which took effect January 1, 2019, addresses the reimbursement of expenses when you use your phone for work purposes. One of the requirements of this amendment that the use of a personal cell phone needs to be directed or approved by the employer, and if we are required to use the "Well for Work" App in our phones, the question would be, is the Company required to reimburse its employees for their expense? Under the new law, an employer must reimburse you for use, even if the cost is negligent to you. It goes on to say that an employee would be entitled to a "Reasonable Percentage." The Illinois law is not specific on what this reimbursement would look like.
We believe many questions need to be answered before this "Well for Work" App is implemented. Once again, the launch of the Well for Work Application has been postponed until further notice.
Sincerely and Fraternally,
Juan Elvira
President – TWU Local 512
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