The U.S. Department of Labor (“DOL”) recently issued additional clarification on its FAQs and guidance regarding the FMLA and the FFCRA in the context of the COVID-19 pandemic. Some highlights include:
California Legislature Proposes Bill Mirroring Executive Order Regarding Food Sector Supplemental Paid Sick Leave
On Apr. 16, 2020, California Governor Gavin Newsom issued Executive Order N-51-20, (Executive Order) which provides COVID-19 related paid sick leave for “food sector workers” who work for larger employers in the state. The California legislature is now considering codifying those leave requirements with Senate Bill 729.
Extended School Closings Create Homework for Employers
You can hear the parents wailing across the country, as states begin to announce their plans to keep physical schools closed or alternate between in-school and virtual classes for the upcoming year.
Colorado Enacts Legislation Requiring Employers to Provide Employees with Paid Sick Leave
Colorado has enacted the Healthy Families and Workplaces Act (SB20-205) (HFWA) to require employers to provide employees with up to six days, or up to 48 hours, of earned paid sick leave.
South Carolina Enacts Lactation Support Act
South Carolina Governor Henry McMaster signed into law the South Carolina Lactation Support Act, requiring employers to provide employees reasonable unpaid break time, or paid break time or mealtime, each day to express breast milk.
Tennessee Pregnant Workers Fairness Act
The “Tennessee Pregnant Workers Fairness Act” (Senate Bill 2520) requires every employer with at least 15 employees to make a reasonable accommodation for an employee’s or prospective employee’s medical needs arising from pregnancy, childbirth, or related medical conditions, unless such accommodation would impose an undue hardship on business operations.
Changes to Chicago Paid Sick Leave Ordinance Became Effective Jul. 1, 2020
On Jul. 1, 2020, a number of substantive changes (including expanded coverage) to Chicago’s Paid Sick Leave Ordinance (PSLO) became effective.
Summer Break Does Not Necessarily Mean A Break From FFCRA Leave Requirements
Its July. A time when in normal years, schools are closed and families are planning vacations. But in 2020, paid vacation is being replaced with paid leave under the Families First Coronavirus Response Act (FFCRA), leaving employers asking, can they still do that?
D.C.’s Highly Anticipated Paid Family Leave Program Launches July 1
After three years of preparation, the District of Columbia’s Universal Paid Leave Amendment Act of 2016 went live on Wednesday, July 1.
Minnesota Supreme Court Rejects Challenges to Minneapolis Sick and Safe Ordinance
The Minnesota Supreme Court (5-2) has upheld the Minneapolis Sick and Safe Time Ordinance, ruling state law does not preempt the Ordinance, and it can apply to employers who are located outside of the City.
Seattle Enacts Gig Worker Paid Sick & Safe Time Ordinance During COVID-19 Crisis
The Seattle City Council has enacted the Paid Sick and Safe Time for Gig Workers Ordinance, which temporarily provides paid sick and safe time for online-based food delivery network companies and drivers of transportation network companies with 250 or more gig workers worldwide.
Washington Proclamation Extending Time Period for High-Risk Employee Job Protection
Washington State Governor Jay Inslee has issued a new Proclamation that extends until 11:59 p.m. on Aug. 1, 2020, the job protections in place for “high-risk” Washington employees.
Bereavement Leave: The Next Potential Mandated Leave in California
California is known for having a multitude of leaves available to employees from sick leave to organ donation leave. Despite this, California has not mandated employers provide bereavement leave for employees. This may change by the end of the year if Assembly Bill 2999, the Bereavement Leave Act of 2020 (the Act), becomes law.
Chicago City Council Passes COVID-19 Anti-Retaliation Ordinance
Chicago’s City Council has passed an ordinance to protect employees from retaliation by their employers if they obey public health orders or orders of a healthcare provider to stay at home because of the COVID-19 pandemic. The ordinance was passed by the City Council on May 20, 2020.
Massachusetts Department of Family and Medical Leave Proposals Affecting Private Plan Exemptions
The Massachusetts Department of Family and Medical Leave’s (DFML) proposed amendments to existing regulations for the Massachusetts Paid Family and Medical Leave Act (PFMLA) include significant changes relating to the private or self-funded plan exemption.
Puerto Rico Senate Passes Reasonable Accommodation Bill for Certain Workers during COVID-19 Pandemic
The Puerto Rico Senate has approved unanimously Senate Bill No. 1577 (SB 1577), which seeks to amend Section 9 of Puerto Rico Act No. 44 of July 2, 1985, known as the “Law Prohibiting Discrimination Against Disabled Persons,” to expand its protection and confer certain type of employees the right to a reasonable accommodation in the workplace during the COVID-19 pandemic.
Class Action Suit Claims ADA Requires Public Accommodation to Prevent Spread of COVID-19 at Facility
Despite significant legal obstacles, on May 4, 2020, a group of plaintiffs filed a class action complaint alleging the Queens Adult Care Center (QACC) violated Title III of the Americans with Disabilities Act (Title III) and its precursor, Section 504 of Rehabilitation Act (Section 504), by failing to provide a level of care to safeguard their health and safety at its assisted living facility during the COVID-19 pandemic.
New York State Enacts State-Wide Paid Sick Leave Law
New York State has joined the growing list of states and localities (including New York City and Westchester County) mandating that employers provide paid sick leave to employees.
Expanded Wage Replacement Entitlements for California Employees
As schools and childcare facilities announce they will remain closed through the summer months, the California legislature is considering an amendment to the state’s Paid Family Leave program to allow employees to obtain income replacement under the unemployment insurance code for COVID-caused school closures.
EEOC Opines on COVID-19 Testing by Employers
The EEOC’s most recent update provides an answer to the following question: “May an employer administer a COVID-19 test (a test to detect the presence of the COVID-19 virus) before permitting employees to enter the workplace?”