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 […]
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 […]
FFCRA Paid Leave Eligibility for Youth Program Closure The Families First Coronavirus Response Act (FFCRA) provides emergency paid sick leave and additional paid family leave for a worker who must care for his/her child due to COVID-19-related school or other “place of care” closures. Would a summer camp closure qualify? Perhaps. The U.S. Department of Labor (DOL)’s FAQs […]
When Interstate Transport Workers are Entitled to California Paycheck Protections While each state has the power to set wage and other workplace standards for labor performed within its borders, that authority can blur when truckers and passenger carrier personnel divide their work time between the states. On several suits by pilots and flight attendants, the […]
California Requirements to Avoid Employee Heat Illness in Time of Face Mask With temperatures rising to summer levels in parts of the state, employer obligations to protect outdoor workers from heat-related illnesses, beginning at 80 degrees Fahrenheit, come into force. Areas not yet reaching that threshold should prepare for the heat to come. Particularly with […]
The Supreme Court’s “Unexpected” Expansion of Equal Rights for Gay and Transgender Employees The Civil Rights Act of 1964 is America’s foremost protection against employment discrimination (also known as “Title VII”). Yet, for more than five decades, courts have applied this law to preserve such “equal rights” only for some, and decidedly not for homosexual or transgender persons. No […]
New Employer Restrictions on Hiring Notices and Interviews Starting July 1, 2020 California law prohibits discrimination against applicants and employees for their membership in any protected class, including religious creed, disability and age (40+). The California Fair Employment and Housing Council (FEHC) has issued new regulations effective July 1, 2020, to better protect such individuals. Advertisements. The […]
California’s Stage Two Phased Reopening Continues While we are not yet out of the woods, state and local government continue to ease restrictions upon life as we at least used to know it. As pandemic pressure has eased and public demands have increased, at least 35 counties have announced their ability to accelerate their transition through “Stage 2” […]
California Wants Uber and Lyft Drivers as Employees It seemed like a good idea at the time: the rapid growth of Uber-style “gig economy” business models ostensibly offering a win-win of worker freedom and consumer convenience. Yet, California government came to another conception of such arrangements: presumed exploitation. Hence enter AB 5 and its hardball […]
Workers Compensation Coverage for Diagnosed Workers California employers must carry workers’ compensation insurance for on-the-job injuries and job-related illnesses. California governor Newsom’s May 6, 2020 Executive Order N-62-20 (the order) directs that workers contracting COVID-19-related illness between March 19 and July 5, 2020 are presumed entitled to full work comp coverage, including medical care, temporary […]