Category Archives: New Legislation and Regulations

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The DOL’s New Model FMLA Notices and Forms

By Beth V. West on July 28th, 2020 Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On July 16, 2020, the DOL issued new model FMLA notices and forms with a June 2020 revision date. The look of the notices and forms are somewhat different from previous versions but there are not a lot of substantive changes. The DOL also issued some FAQs in connection with the release of the updated… Continue Reading

California’s COVID-19 Employer Playbook for a Safe Reopening

By Beth V. West on July 28th, 2020 Posted in Labor Law, New Legislation and Regulations, Wage & Hour

The California Department of Public Health (“CDPH”) issued its “COVID-19 Employer Playbook” on July 24, 2020 in an effort to provide employers with a comprehensive guide related to COVID-19 as employers reopen their business. According to the CDPH, by following the Employer Playbook, employers will be able to do their part in reducing the risk… Continue Reading

Two Important U.S. Supreme Court Decisions for Religious Employers (and Employers Morally Opposed to Birth Control)

By Zack Thompson on July 9th, 2020 Posted in Discrimination, Labor Law, New Legislation and Regulations

The U.S. Supreme Court handed down two decisions yesterday that affect religious employers. In the first, Our Lady of Guadalupe School v. Morrissey-Berru, the Court held that the “so-called ministerial exception” applies more broadly, preventing courts from intervening in disputes between schools “with a religious mission” and any “teacher [entrusted] with the responsibility of educating… Continue Reading

Weintraub Tobin’s 2020 Labor & Employment Seminar and Training Schedule is Updated

By Mari Patterson on June 23rd, 2020 Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Wage & Hour

Weintraub Tobin’s 2020 Labor and Employment Seminar and Training schedule has been recently updated and is now available. Click here for a pdf version of the schedule. If you have any questions on any of our seminars or would like to inquire about private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046 rcarrillo@weintraub.com

The U.S. Supreme Court Has Decided: LGBTQ Employees are Entitled to Protections under Title VII

By Beth V. West on June 16th, 2020 Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

In the midst of the COVID-19 pandemic, an economic crisis that is predicted to be as bad as the great depression, and unrest over racial inequality and police brutality that is giving birth to a global movement for social change, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, Georgia (Case… Continue Reading

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

By Brendan J. Begley on May 28th, 2020 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

By Beth V. West on May 20th, 2020 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

By Beth V. West on May 14th, 2020 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

By Katie Collins on May 8th, 2020 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

By Beth V. West on May 8th, 2020 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

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

By Lukas Clary on May 5th, 2020 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

By Beth V. West on May 5th, 2020 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

By Beth V. West on April 22nd, 2020 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

By James Kachmar on April 20th, 2020 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

By James Kachmar on April 3rd, 2020 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

By James Kachmar on April 3rd, 2020 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

By Beth V. West on April 2nd, 2020 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

By James Kachmar on April 1st, 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

By James Kachmar on March 30th, 2020 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

By Katie Collins on March 27th, 2020 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

By James Kachmar on March 27th, 2020 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

By Shauna N. Correia on March 26th, 2020 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