“Families First” Rules Continue to Evolve In response to a recent New York court ruling more favorable to employees, the Department of Labor (DOL) reaffirmed, revised and/or further explained the Families First Coronavirus Response Act (FFCRA) rules and frequently asked questions. Effective September 16, 2020 the regulations clarify: Leave Available Only When Work Available: Any type […]
California’s Safety Agency Now With Pandemic “Imminent Hazard” Shutdown Powers Sacramento continues to equip the state’s Division of Occupational Safety and Health (Cal/OSHA) with expanded powers in these days of COVID. Assembly Bill (AB) 685 (Labor Code 6325(b)), effective for two years from January 1, 2021, enables the agency to shut down any business operation or place […]
Tier assignments as of August 31, 2020 “Blueprint” Workplace Return Improving Conditions Statewide California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe, or the “Blueprint for a Safer Economy,” effective August 31, 2020, is the state’s second major attempt at statewide business pandemic recovery guidelines. See, California COVID […]
E.E.O.C.’s Expanded Guidelines on Screening, Testing and Pandemic Management The Americans with Disabilities Act (ADA) includes an employee’s right to maintain the privacy of his or her medical information notwithstanding any ailment that might limit that person’s ability to perform essential job functions. However, the pandemic’s new “abnormal” quickly led the federal Equal Employment Opportunity Commission […]
Cal/OSHA Hitting Employers Statewide for COVID-19 Non-Compliance California’s Division of Occupational Safety and Health, better known as Cal/OSHA has gone from bark – its July 16 notice calling on all employers to carefully review and follow the state’s COVID-19 workplace safety and health guidance– to bite. In two press releases, September 4 and September 9, the […]
Uber and Lyft’s Last-Minute Reprieve From Order to Convert Drivers to Employees As a San Francisco judge had directed that Uber and Lyft convert their drivers to employees by August 21, 2020, the rideshare giants were ready to shut down their California operations unless the Court of Appeal put that order on hold. See, Traffic […]
California’s Updated COVID-19 FAQs Call for Careful Decision Making California employers must follow COVID-19 health and safety guidances including those from the federal Centers for Disease Control (CDC), the California Department of Public Health, and the California Division of Occupational Safety and Health (Cal/OSHA). Employers with five or more on payroll must also avoid violating […]
California’s Employer Playbook For a Safe Reopening After four months of various degrees of “stay home,” “safer at home,” and “shelter in place,” California offers its Covid-19 Employer Playbook for a Safe Reopening (July 24, 2020), an attempted comprehensive “guidance” for limiting workplace infection as the pandemic wears on. “Guidance” suggests recommendations, not the direct force […]
Expanded Federal Pandemic Guidelines Allow Favorable Treatment for Aged 65-Plus Personnel The U.S. Equal Employment Opportunity Commission’s (EEOC) June 17 update of COVID-related guidelines (June 17 Update) offers first-time protocols for the management of aged 65-plus workers in pandemic times under the Age Discrimination in Employment Act (ADEA). COVID-19’s unprecedented circumstances have led the EEOC […]
Cities and Counties Requiring Paid Sick Leave Above and Beyond Federal Limits The federal Families First Coronavirus Response Act (FFCRA) requires most businesses with fewer than 500 employees to provide emergency paid sick leave benefits for workers affected by COVID-19. For example, covered employers must provide 80 hours of paid sick leave for full-time employees and two weeks of […]