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Category Archives: New Legislation and Regulations

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Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

As workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic.  It seems clear that workers-compensation preemption may immunize employers from most civil actions alleging that employees became infected with the virus on the job.  However, other types of employee lawsuits… Continue Reading

The DFEH’s Free On-Line Sexual Harassment Prevention Training For Non-Supervisors is FINALLY Available

Posted in Labor Law, New Legislation and Regulations

On May 20, 2020, the California Department of Fair Employment and Housing (DFEH) announced that it has finally launched free anti-sexual harassment training for non-supervisory employees. The online training, which is available through DFEH’s website – https://www.dfeh.ca.gov/shpt/ – will meet an employer’s obligation to provide training to non-supervisory employees by January 1, 2021. Section 12950.1… Continue Reading

California Continues to Work With Counties for the Slow Re-Opening of the State

Posted in Labor Law, New Legislation and Regulations

This is a follow up to our previous blog regarding California’s gradual entry into Stage 2 of the State’s re-opening plan – termed the “Resilience Roadmap.”  As Governor Newsom announced on Tuesday, May 13, 2020, counties are able to, and are, submitting their attestations to the State to speed up the reopening of certain businesses… Continue Reading

EEOC Again Updates its Guidance & FAQ’s Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The EEOC has updated its COVID-19 Guidance once again by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace.  The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees;… Continue Reading

Governor Newsom Announces the Gradual Beginning of Stage 2 of California’s Re-Opening Plan

Posted in Labor Law, New Legislation and Regulations

On May 7, 2020, Governor Newsom announced the plan to gradually move into Stage 2 of the State’s Re-opening Plan beginning May 8, 2020.  In addition to the Governor’s announcement in his press conference, the California Department of Public Health issued industry-specific guidance and checklists for phased reopening under the State’s “Resilience Roadmap.” Under the… Continue Reading

California Employers Likely Immune To Employee COVID-19 Lawsuits, But More Susceptible To COVID-19 Workers-Compensation Claims

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

Recent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job.  While business owners in California may suffer headaches or congestion from other types of lawsuits related to COVID-19 in the… Continue Reading

Emergency Paid Sick Leave Now Available for Employees of Large Employers in California’s Food Supply Sector

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

In response to the COVID-19 pandemic, the federal government recently passed emergency legislation making up to two weeks of paid sick leave benefits available to employees who are forced to miss work for reasons relating to COVID-19. We previously blogged about the paid sick leave made available under the Families First Coronavirus Response Act (“FFCRA”)… Continue Reading

Finally – SBA Guidance on an Employer’s PPP Loan Forgiveness When Employees Refuse to Return to Work  

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

On May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act.  Among other things, the updated FAQs finally addressed this issue:  What happens to an employer’s ability to have its PPP loan forgiven if employees refuse to return from layoff and thus an employer cannot meet the… Continue Reading

EEOC Updates its Guidance and FAQs Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws  

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The EEOC has updated its COVID-19 Guidance by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace.  The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees; documentation to… Continue Reading

4th UPDATE: DOL Again Updates Question & Answers Page for FFCRA

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

We have previously written about the US Department of Labor issuing a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”). (Click here, here and here.) On April 6, 2020, the DOL again updated the “Questions and Answers” webpage,… Continue Reading

3rd UPDATE: DOL Again Updates Questions & Answers Page for FFCRA

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

As previously advised, the US Department of Labor has issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”. (Click here and here.) The DOL updated the “Questions and Answers” webpage again today, adding 20 new questions and… Continue Reading

DOL’s Informational Webinar re FFCRA Compliance Goes Live

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

Earlier this week, the U.S. Department of Labor announced that it would be posting an informational webinar regarding compliance issues with the recently-enacted Families First Coronavirus Response Act (“FFCRA”). That webinar, which provides information regarding the FFCRA for both employers and employees went live today and can be accessed at:  https://dolwhd.cosocloud.com/pawkgwfawza0/?proto=true. The DOL’s Wage &… Continue Reading

The IRS FAQs Provide Guidance on Employee Documentation/Information to Support FFCRA Leave

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On March 31, 2020, the IRS issued 66 FAQs providing guidance to employers in connection with the payment of, and tax credits for, emergency paid sick leave (E-PSL) and emergency FMLA leave (E-FMLA) under the Families First Coronavirus Response Act (“FFCRA”).  Among other things, the FAQs answered a very important question that the DOL didn’t… Continue Reading

DOL Announces Temporary Rules for FFCRA Implementation; Informational Webinar to be Released on April 3, 2020

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

We have been keeping you informed of recent actions by the US Department of Labor to advise employers of their obligations under the recently enacted Families First Coronavirus Response Act (“FFCRA”). This has included the DOL’s creation of a “Questions and Answers” webpage for both employers and employees. (Click here, here and here.) On April… Continue Reading

2nd UPDATE: DOL Again Updates Question & Answers Page for Families First Coronavirus Response Act

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

Last week, we alerted you to the fact that the US Department of Labor had issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the FFCRA. (Click here and here.) Late Saturday night, the DOL again updated the “Questions and Answers” webpage and added… Continue Reading

Coronavirus Aid, Relief, and Economic Security (CARES) Act: Expansion of Unemployment Benefits Through the Pandemic Unemployment Assistance Program

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On March 27, 2020, the $2 trillion Coronavirus Aid, Relief, and Economic Safety (CARES) Act was passed by the House of Representatives and signed into law by President Trump as the largest emergency aid bill in history. The CARES Act significantly expands unemployment benefits and comes on the heels of 3.3 million Americans having applied… Continue Reading

DOL Updates Questions & Answers Page for Families First Coronavirus Response Act

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

Earlier this week, we advised you that the US Department of Labor had issued a Question & Answers webpage that addressed some issues arising out of the passage of the FFCRA, most importantly clarifying that it would become effective on April 1, 2020. (Click here.) Yesterday, the DOL updated that “Questions and Answers” webpage and… Continue Reading

San Francisco Issues New Guidance on San Francisco Paid Sick Leave During Pandemic; Financial Relief for San Francisco Employers

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On March 24, 2020, the San Francisco Office of Labor Standards Enforcement issued guidance pertaining to the use of Paid Sick Leave under the San Francisco Paid Sick Leave Ordinance (PSLO).  This publication supersedes the OLSE’s guidance issued just last week. Employers should be aware of temporary changes in the PSLO rules specific to the… Continue Reading

DOL Issues Model Notice To Employees Of Rights Under Families First Coronavirus Response Act

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

In response to the COVID-19 pandemic, Congress recently passed the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FFCRA requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. Employees’ leave rights under the FFCRA apply from April 1, 2020… Continue Reading

Families First Coronavirus Response Act Takes Effect April 1, 2020

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

We have kept you advised of recent federal actions taken in response to the COVID-19 outbreak, including the passage of the Families First Coronavirus Response Act (“FFCRA”) which, among other things, provides paid family leave for certain employees. (See previous blogs at here, here, and here.) The FFCRA was to take effect “no later than… Continue Reading

More On The FFCRA: Payroll Tax Credits And Period Of Non-Enforcement

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

As we told you on March 22, 2020, the Department of Treasury (DOT), Internal Revenue Service (IRS), and Department of Labor (DOL) announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act (FFCRA). In their announcement, it was also stated that employers may… Continue Reading

COVID-19: Resources for California Employers (Updated 4/3/20)

Posted in Labor Law, New Legislation and Regulations

The COVID-19 pandemic is forcing employers to make unprecedented decisions about their workplace. In an effort to help employers as they make the difficult decisions they are currently facing, we have gathered guidance released by many of the federal and state agencies specifically related to COVID-19. We hope this page is useful resource. That being… Continue Reading

IRS to Provide Tax Relief to Some Employers in Light of Families First Coronavirus Response Act

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On March 20, 2020, the Department of Treasury, IRS, and Department of Labor announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act. Specifically, it was announced that employers will have access to refundable payroll tax credits designed to provide reimbursement for the… Continue Reading

Governor’s Newsom’s Statewide Order is in Place So Now, How Do Businesses Identify Essential Critical Infrastructure Workers?

Posted in New Legislation and Regulations

As our earlier post on March 19, 2020 announced, Governor Newsom issued Executive Order N-33-20 ordering all residents to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors as defined by the federal Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency… Continue Reading