For many, the start of school looks different this year: from all virtual, to hybrid, to parent’s choice. Employers required to provide leave under the Federal Families First Coronavirus Act (FFCRA) may be wondering how to administer FFCRA leave under this new regime.
Washington Governor Creates COVID-19 Food Production Workers Paid Leave Program
Under the Washington COVID-19 Food Production Workers Paid Leave Program, no food production employer in Washington may operate from Aug. 18, 2020, to Nov. 13, 2020, unless the employer provides its workers with paid leave for certain qualifying events.
Puerto Rico Working Mothers Act Amended to Provide Additional Adoption Leave for Working Mothers
On Aug. 8, 2020, Wanda Vázquez Garced signed into law an amendment to the Puerto Rico Working Mothers Act.
New Georgia Legislation Requires Employers to Provide Paid Lactation Breaks
Georgia Governor Brian Kemp has signed new legislation requiring employers to provide paid lactation breaks and private locations at the worksite where working mothers can express breast milk.
EEOC Issues Guidance on Opioid Addiction in Employment
The U.S. Equal Employment Opportunity Commission issued two technical assistance documents on Aug. 5, 2020, addressing accommodation issues under the Americans with Disabilities Act (ADA) for employees who use opioid medications or may be addicted to opioids.
New York District Court Vacates Parts of FFCRA Regulations Including Healthcare Provider Definition
Shortly after the Department of Labor issued its FFCRA regulations, the state of New York filed a lawsuit challenging some of the provisions. Today (four months after the regulations went into effect, and just five months before the FFCRA is set to expire), the federal district court in New York struck down four provisions in the regulations.
DOL Issues Additional Clarification on FMLA, FFCRA, FLSA in COVID-19 Context
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.