The Biden administration has called for all people at least 18 to be eligible for the COVID-19 vaccine by Apr. 19, 2021. Organizations considering setting up an on-site COVID-19 vaccination program have several issues to consider.
Understanding CFRA: Who Is a “Family Member”?
The new year brought several important changes to the California Family Rights Act. One key change that employers should be aware of is the expansion of the scope of individuals who qualify as “family members” under the law.
Virginia Expands Disability Discrimination Protections and Adds Domestic Worker Protections
Effective Jul. 1, 2021, Virginia further expands the scope of the Virginia Human Rights Act (VHRA) to prohibit discrimination on the basis of disability. The state also enacted protections and benefits for domestic workers.
Virginia Paid Sick Leave for Home Health Workers
Effective Jul. 1, 2021, Virginia provides designated paid sick leave for home health workers.
Private New Mexico Employers Must Provide Up to 64 Hours of Paid Sick Leave
Beginning on July 1, 2022, New Mexico will join 15 other states (and Washington, D.C.) in requiring private employers to provide paid sick leave to their employees.
Philadelphia Enacts COVID-19 Paid Sick Leave
Philadelphia has joined a growing list of localities to require employers to provide employees paid COVID-19-related sick leave.
New York State Employees Entitled to Paid Time Off for COVID-19 Vaccinations
Effective immediately, New York State employers must provide employees with up to four hours of paid time off per COVID-19 vaccination.
The American Rescue Plan Extends FFCRA Tax Credit, But Not the Mandate
On Mar. 11, 2021, President Biden signed the American Rescue Plan Act of 2021. The Plan extends the date employers can receive tax credits for qualified wages paid to employees from Mar. 31, 2021 until Sep. 30, 2021.
Understanding CFRA: Who Is Eligible for CFRA Leave
With the recent expansion of the California Family Rights Act (CFRA), employers who previously were not covered under CFRA now find themselves having to navigate the murky waters of the law.
Fifth Circuit Holds Regular Attendance Is Essential
An employer’s past leniency in applying and enforcing its attendance policy did not contradict the employer’s later position that regular worksite attendance was required for employment, the U.S. Court of Appeals for the Fifth Circuit has held.
Updated Guidance from California’s DFEH at the One Year Mark of the Pandemic
California’s Department of Fair Employment and Housing (DFEH), the agency charged with administering California’s employment discrimination statute and regulations, has updated its COVID-19 guidance for employers.
California Leave Bills Employers Should Watch
Though employers may feel like California just wrapped up its legislative session for 2020, the 2021 legislative session is already in full swing. Feb. 19 was the last day for the proposal of new bills.
Understanding CFRA: How CFRA Works for Pregnant Employees
On Jan. 1, 2021, the California Family Rights Act (CFRA) expanded in several ways, including that small employers (those with five or more employees) must now provide up to 12 workweeks of CFRA leave within a 12-month period to eligible employees.
Arizona Expands Employment Discrimination Laws to Prohibit Pregnancy Discrimination
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.