Arizona Governor Doug Ducey signed into law a bill that prohibits employers from discriminating against workers based on pregnancy or childbirth.
California’s Healthy Workplace Healthy Family Act Covers COVID-19
California currently has a patchwork of local COVID-19 supplemental paid sick leave ordinances which remain in effect in 2021.
More Movement Towards Digital COVID-19 Vaccination Records
A key tech initiative as COVID-19 vaccinations begin rolling out are digital health passports. One example is being developed by a group of large tech companies, along with the Mayo Clinic, as part of the Vaccination Credential Initiative.
OSHA Issues New Guidance for Employers Combating COVID-19
On Jan. 29, 2021, the Occupational Safety and Health Administration (OSHA) published “Protecting Workers: Guidance on Mitigating and Preventing the Spread of COVID-19 in the Workplace.”
CDC Expands Guidance on Informed Consent to Support Workplace SARS-CoV-2 Testing
As employers continue to grapple with a safe return to the workplace, the U.S. Centers for Disease Control and Prevention issued new guidance for businesses and employers on SARS-CoV-2 testing of employees, as part of a more comprehensive approach to reducing transmission of the virus in non-healthcare workplaces.
California COVID-19 Supplemental Paid Sick Leave in 2021
In 2020, employers with employees in California were inundated with new compliance requirements brought on by the COVID-19 pandemic. Now that the leave requirements of the FFCRA have expired, many local agencies are reviewing the supplemental sick leave ordinances that were adopted in 2020.
Seventh Circuit Continues To Find That Lengthy Leaves of Absence May Not Be Reasonable Accommodations
On Dec. 30, 2020, the U.S. Court of Appeals for the Seventh Circuit issued its opinion in McAllister v. Innovation Ventures, LLC, No. 20-1779 (7th Cir., Dec. 30 2020), and held that an employer did not violate the ADA where it terminated its employee after it became clear that she would require several additional months of leave after she had already been granted a two-and-a-half-month leave of absence due to her disability.
President Biden Calls for Reinstating and Expanding Mandatory Paid Leave as Part of COVID Relief Package
As all eyes were on Washington, D.C. last week with the inauguration of the 46th President. President Biden has laid out an “aggressive plan” to “change the course of the pandemic, build a bridge towards economic recovery, and invest in racial justice.”
Pennsylvania Medical Marijuana User May Proceed With Disability Discrimination And Retaliation Claims
A federal court in Pennsylvania held that a medical marijuana user’s claims for disability discrimination and retaliation were sufficiently alleged to survive the employer’s motion to dismiss.
Want to Know if Your Employees Received the COVID-19 Vaccine? Some Best Practices to Consider
While its rollout has been slow, the vaccine is being administered across the U.S. and in other countries. For a variety of reasons, organizations want to know whether their workforce members (employees, contractors, etc.) have been vaccinated. The EEOC has provided some guidance on the issue.
DOL Field Assistance Bulletins Clarify Telehealth and Telework Impact on FMLA Obligations
On Dec. 29, 2020, the U.S. Department of Labor issued two field assistance bulletins aimed at clarifying obligations under the Family and Medical Leave Act in light of the prevalence of telework and telehealth.
Mandatory COVID-19 Benefits Under Families First Coronavirus Response Act Have Ended. Now What?
In March 2020, when Congress passed the Families First Coronavirus Response Act (FFCRA) with a sunset date of Dec. 31, 2020, few anticipated the COVID-19 pandemic would be ongoing into 2021. But the pandemic has not slowed, and requests for COVID-19-related leave (along with the corresponding tax credits) continue.
Wellness Programs and Water Bottles – EEOC Proposes New Rules under the ADA and GINA
Since 1996, when Congress passed the Health Insurance Portability and Accountability Act (HIPAA), employers have been struggling with whether and to what extent they could offer incentives to employees to participate in certain “wellness programs.” On Jan. 7, the EEOC proposed a new approach that may provide employers some certainty, particularly as many employers are wondering about incentives to encourage employees to receive a COVID-19 vaccine.
DFEH Releases Family and Medical Leave Tool Kit
The Department of Fair Employment and Housing (DFEH), the administrative agency charged with enforcing the California Family Rights Act (CFRA), has released new documentation for Family and Medical Leave that reflects the expansion of CFRA which went into effect on Jan. 1, 2021.
With Federal COVID-19 Leave Ending, Leave Laws in D.C. and Elsewhere Take Center Stage
When the federal Families First Coronavirus Response Act (FFCRA) expired on Dec. 31, 2020, COVID-19-related leave was no longer assured for many employees throughout the United States unless another law, like the Family and Medical Leave Act or the Americans with Disabilities Act, applies.
New York State, Modified New York City Sick and Safe Leave Obligations Fully Effective Jan. 1
The New York State Paid Sick Leave Law and the amendments to the New York City Paid Safe and Sick Leave Law expanding employees’ paid sick leave entitlements went into full effect on Jan. 1, 2021.
COVID-19 Leave Arrives in Pittsburgh, Pennsylvania
On Dec. 9, 2020, Pittsburgh Mayor Peduto signed a new ordinance granting COVID-19 Sick Time to certain employees working within the City.
Has the COVID-19 14-Day Quarantine Period Been Shortened?
By now, employers likely have heard the news that the Centers for Disease Control and Prevention (CDC) has reduced the length of time that individuals should quarantine after an exposure to COVID-19. The old adage “don’t believe everything you read” turns out to be true in this case.
CDC Clarifies Critical Infrastructure Worker Guidance
On Nov. 16, 2020, the Center for Disease Control (CDC) clarified its guidance permitting critical infrastructure workers to return to work before the end of the standard 14-day quarantine period following exposure to COVID-19.
Connecticut Paid FMLA: What Employers Need to Know Now
With a difficult 2020 nearing its end, if Connecticut Paid FMLA has recently reappeared on your radar, don’t fret! Simply review these basics to prepare for this upcoming change.