The FDA’s rollout of COVID-19 vaccinations has given hope to many employers that we may finally be witnessing the horizon of the pandemic. But this good news comes with a few side-effects, including the question of whether employers can require, or even encourage, their employees to get vaccinated. To that end, on December 16, 2020,… Continue Reading
Tag Archives: COVID-19
A Deeper Dive into the New Cal/OSHA Temporary Emergency Standards for COVID-19 Prevention
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsAs we wrote on December 3, 2020, an emergency COVID-19 rule was adopted and approved by the California Occupational Safety and Health Standards Board. The regulation contains significant new requirements including a mandatory written “COVID-19 Prevention Program,” paid time off in certain circumstances when a “COVID-19 case” is excluded from the workplace, notice and training… Continue Reading
New (and Stricter) COVID-19 Rules Implemented By Cal/OSHA – Employers Should Act Now
Posted in Labor Law, New Legislation and RegulationsOn November 30, 2020, the California Division of Occupational Safety and Health’s (“Cal/OSHA”) Emergency COVID-19 Prevention Regulation went into effect. The regulations apply to all employers, employees, and to all places of employment with three exceptions: (1) workplaces where there is only one employee who does not have contact with other people; (2) employees who… Continue Reading
New California Laws Create Presumption of Workers’ Compensation Coverage for COVID-19 Infections and Impose Additional COVID-19 Exposure Reporting and Notice Requirements on Employers
Posted in UncategorizedCalifornia Gov. Gavin Newsom signed Executive Order N-62-20—way back on May 6, 2020—which created a presumption that employees’ COVID-19-related illnesses were caused at work and therefore covered by workers’ compensation. That order covered COVID-19 infections from March 19, 2020 to July 5, 2020, at which time the order expired. To fill the void, on September… Continue Reading
DOL Revises COVID-19 Sick Leave and Family and Medical Leave Rules Following Court Ruling
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn September 11, 2020, the United States Department of Labor issued revised regulations governing the Families First Coronavirus Response Act (FFCRA). The regulations implement the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) provisions of the FFCRA. The revised regulations were issued to address a decision from a… Continue Reading
California Issues New Reopening Guidance
Posted in Labor Law, New Legislation and Regulations, UncategorizedOn August 28, 2020, California introduced the Blueprint for a Safer Economy, also known as “California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe.” This new Blueprint was devised to aid California residents as the state reopens in the wake of the COVID-19 pandemic. Under this new plan,… Continue Reading
San Francisco Issues Guidance on “Back to Work” Layoff and Reemployment Notices
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Reductions in ForceOn August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) released its guidance on the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic Emergency Ordinance” (also known as the “Back to Work” Ordinance), which the Board of Supervisors passed on June 23, 2020. Importantly, the… Continue Reading
The Continuing Spread of Employee Lawsuits Related to COVID-19
Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Labor Law, Retaliation and Wrongful Termination, Wage & HourA blog we published here on May 28, 2020, warned that whistleblower, disability and leave claims against employers may reach a fever pitch as workplaces begin reopening from the COVID-19 shutdown. A recent audit by the U.S. Department of Labor Office of Inspector General (“OIG”) confirms that some of those types of claims already are… Continue Reading
Business Owners – Planning Can Help Prevent Employer Liability During Civil Unrest
Posted in Labor LawMy colleague Brendan Begley blogged last week about the risks employers face due to the threat of COVID-19 in the workplace. As he noted, employees have the right to expect employers to follow city, county, and state orders and take reasonable precautions to minimize the risk to a known “direct threat” to health and safety…. Continue Reading
California Continues to Work With Counties for the Slow Re-Opening of the State
Posted in Labor Law, New Legislation and RegulationsThis 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 RegulationsThe 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 RegulationsOn 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 & HourRecent 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 RegulationsIn 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
3rd UPDATE: DOL Again Updates Questions & Answers Page for FFCRA
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsAs 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 RegulationsEarlier 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 RegulationsOn 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
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 & HourOn 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
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 & HourOn 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
COVID-19: Resources for California Employers (Updated 4/3/20)
Posted in Labor Law, New Legislation and RegulationsThe 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
Governor’s Newsom’s Statewide Order is in Place So Now, How Do Businesses Identify Essential Critical Infrastructure Workers?
Posted in New Legislation and RegulationsAs 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
California Governor Newsom Issues State-Wide Stay at Home Order
Posted in New Legislation and RegulationsOn March 19, 2020 Governor Newsom issued a state-wide stay at home Order that will remain in place until further notice. To view or download a copy of Executive Order 33-20, click here. The Order directs all residents in the State of California to stay home unless necessary to maintain the continuity of operations of federally… Continue Reading
(H.R. 6201) FAMILIES FIRST CORONAVIRUS RESPONSE ACT: What Employers Should Know
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsOn March 18, 2020, Congress passed the Families First Coronavirus Response Act (“FFCRA”). The President quickly signed it into law on the same day. The Act provides paid sick time and expands the Family and Medical Leave Act to provide an extended period of unpaid or partially paid leave for qualifying reasons related to the… Continue Reading
San Francisco Paid Sick Leave Expanded Due to COVID-19
Posted in FMLA and Other Leaves of Absence, Labor Law, Wage & HourYesterday, San Francisco Mayor London N. Breed announced a “Workers and Families First Program” to offer additional paid sick leave benefits to employees who have been impacted by the COVID-19 pandemic. It will apply to San Francisco private sector workers, and if fully utilized, it could provide coverage for up to 25,000 San Francisco workers. … Continue Reading