California wrapped up its 2020 Legislative Session with the Governor passing several bills that bring dramatic changes to employee leave requirements.
2020 DMEC Return to the Workplace Pulse Survey Results
From July 28 through Aug. 5, 2020, DMEC gathered feedback through an online survey on how organizations are approaching efforts to return employees to the workplace amid the COVID-19 pandemic. … Read More
Do Employers Still Need to Provide Time to Vote in California?
In light of new executive orders to ensure wide availability of voting options in California, employers may question if they still are required to provide time during the workday for their employees to vote.
School’s Back (Or Is It)! When Can Your Employees Take FFCRA Leave?
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.
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:
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.
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?
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.
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.
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.
2020 DMEC COVID-19 Pulse Survey Results
From Apr. 6 through Apr. 10, 2020, DMEC gathered feedback through an online survey on how organizations are responding to the COVID-19 outbreak. The survey had 608 participants, with the … Read More
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.
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?”
Navigating Employer Obligations to Provide Employees with Masks, Face Coverings
As the CDC continues to study COVID-19, the agency is regularly updating guidance on precautionary measures to further prevent the spread across the United States. The agency has expanded its recommended precautions to include “wearing cloth face coverings in public settings where social distancing measures are difficult to maintain”.
San Jose Issues Guidance and Opinion Letter Regarding Supplemental COVID-19 Paid Sick Leave Ordinance
Soon after San Jose passed its supplemental paid sick leave ordinance to respond to the COVID-19 crisis, it issued further guidance regarding the leave.
EEOC Answers Key Questions for Employers
The EEOC yesterday for the first time advised that, at least under the Americans with Disabilities Act, employers may disclose the employee’s name to the public health agency.
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