This will be short. A GA local, George Chidi, just wrote a local op-ed and a public facebook post that proffers an explanation for why Kemp is reopening the state for such bizarre businesses as massage therapists, tattoo parlors, hair dressers and restaurants. His argument is pretty stark. The money quote is this:
If there's no state order calling for businesses to be closed, the people who are unemployed can no longer claim that their unemployment is involuntary, even if it would be utter idiocy for them to return to work. A hair dresser or a massage therapist cannot maintain social distance. But they can certainly file for relief ... unless the law says they can work.
This is blowing up in my face book community … especially with restaurant owners, servers, hair stylists and their colleagues. No one seems to question that Chidi is right.
There is a bit further validation (but I am not a benefits attorney, so this may be wrong) if one reads the CARES act. It’s supposed to act as the backstop for folks that are in the shadow economy and are not fully covered by state or federal unemployment programs.
CARES has programs for them, provided that they belong in a list of situations:
- The individual has been diagnosed with COVID-19 or is experiencing symptomsof COVID-19 and is seeking a medical diagnosis;
- A member of the individual’s household has been diagnosed with COVID-19;
- The individual is providing care for a family member or a member of theindividual’s household who has been diagnosed with COVID-19;
- A child or other person in the household for which the individual has primarycaregiving responsibility is unable to attend school or another facility that isclosed as a direct result of the COVID-19 public health emergency and suchschool or facility care is required for the individual to work;
- The individual is unable to reach the place of employment because of a quarantineimposed as a direct result of the COVID-19 public health emergency;
- The individual is unable to reach the place of employment because the individualhas been advised by a health care provider to self-quarantine due to concernsrelated to COVID-19;
- The individual was scheduled to commence employment and does not have a jobor is unable to reach the job as a direct result of the COVID-19 public healthemergency;
- The individual has become the breadwinner or major support for a householdbecause the head of the household has died as a direct result of COVID-19;
- The individual has to quit his or her job as a direct result of COVID-19; or
- The individual’s place of employment is closed as a direct result of the COVID-19public health emergency.
Most temp and gig workers will probably miss most of these situations … unless they work for a company that a Governor has ordered to shut down (the bold criterion).
Guess what Kemp’s order took away.