On International Women’s Day, March 8, 2021, President Joseph Biden signed two executive orders to promote gender equity and equality through the creation of a Gender Policy Council and through a policy that guarantees an education free from discrimination based on sex, sexual orientation, and gender identity.
Executive Order on Establishment of the White House
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New York Department of Labor Significantly Expands COVID-19 Quarantine Leave
On January 20, 2021 – nearly a year after the law’s effective date – the New York Department of Labor (“NYDOL”) issued new guidance (the “Guidance”) for employers regarding the scope of available sick leave for employees subject to a mandatory or precautionary order of quarantine or isolation due to COVID-19 (“Quarantine Leave”). The Guidance…
Cal/OSHA Provides New Guidance for California Employers to Comply With COVID-19 Emergency Temporary Standards
The California Occupational Safety and Health Standards Board adopted its Emergency Temporary Standards (ETS) on COVID-19 prevention in the workplace on November 19, 2020, which we covered here. Shortly after their adoption, the ETS became binding and enforceable against nearly all California employers effective November 30, 2020. The next day, California’s Division of Occupational Safety…
California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers
Frontline workers of certain large grocery and pharmacy retailers in Los Angeles County and other municipalities across the state may soon receive an additional $4.00 to $5.00 an hour in “hero pay” or “hazard pay” during the COVID-19 pandemic.
Background
Since March 2020, the COVID-19 pandemic has dramatically impacted our communities. Low-income communities and communities…
What the Expiration of COVID-19 Paid Leave Laws Means for California Employers
For much of the ongoing COVID-19 pandemic, many California employees have utilized leave entitlements through federal, state, and local paid sick leave statutes and ordinances. As of December 31, 2020, however, the federal Families First Coronavirus Response Act (“FFCRA”), California’s COVID-19 supplemental paid sick leave (“CSPSL”) — and many local supplemental paid sick leaves…
EEOC Takes a Shot at COVID-19: Unvaccinated Employees Can be Excluded From the Workplace
The Equal Employment Opportunity Commission (EEOC) released its long-awaited COVID-19 vaccine guidance for employers on December 16, 2020, providing answers related to workplace requirements about COVID-19 vaccines. With COVID-19 vaccinations underway in the U.S., the deployment poses complex questions for employers determining whether to mandate vaccines for all employees and how to manage such mandates.…
California Department of Public Health Issues New Statewide Stay At Home Order Linked to ICU Bed Capacity
On November 16, 2020, California implemented an accelerated application of its Blueprint for a Safer Economy metrics. Under the Blueprint Framework, every county in California is assigned to a tier based on its test positivity and adjusted case rate. Each tier has its own set of restrictions. Three days later, on November 19, 2020,…
New York State Amends WARN Act to Require Additional Notifications
On November 11, 2020, Governor Cuomo signed an amendment (the “Amendment”) to the New York State Worker Adjustment and Retraining Notification Act (“NY-WARN Act”). The Amendment significantly expands the governmental entities that an employer must notify concerning a NY-WARN triggering event, such as a mass layoff, plant closing, reduction in hours, or relocation.
Prior to…
Cal/OSHA Adopts New COVID-19 Emergency Standards Requiring Immediate Action by Employers in California
On November 19, 2020, the California Occupational Safety and Health Standards Board unanimously adopted emergency temporary standards on COVID-19 prevention in the workplace. For much of the pandemic, California’s Division of Occupational Safety and Health (“Cal/OSHA”) has advised employers to follow its general and industry-specific guidance on various measures to implement to minimize the risk…
New Employment Laws to Look Out for in 2021
On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year. All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted.
AB 685:…
New Jersey Governor Murphy Orders New COVID-19 Workplace Protocols
In an effort to combat the recent rise in COVID-19 cases in New Jersey, on October 28, 2020 Governor Murphy signed Executive Order 192 (the “Order”), mandating health and safety standards to protect New Jersey’s workers during the pandemic. Effective November 5, 2020, the Order requires every business, non-profit and governmental or educational entity to…
AB 1947’S New Filing Period for DLSE Claims and Attorney’s Fees Provisions: Coronavirus Legislation in Sheep’s Clothing?
Amid a bevy of legislation crossing the Governor’s desk directly relating to the ongoing public health crisis, Governor Newsom approved AB 1947 with little public fanfare, but significant implications for employers. The new legislation amends the Labor Code in two substantive ways: (1) it lengthens the period of time in which employees can file complaints…
Employment, Tax, and Visa Issues Associated With the Overseas Telecommuter
Given the pandemic and all that has come along with it, telecommuting has become the new norm. Employers are increasingly faced with difficult legal issues pertaining to not only the out-of-state telecommuter, but also the foreign national who “telecommutes” from overseas due to travel and visa restrictions. U.S. employers may still want to utilize…
Mother of All Presumptions 2.0: Expanding Workers Compensation Benefits to Employees That Test Positive for COVID-19
Effective immediately, Senate Bill (SB) 1159 is a new California law that establishes presumptions about workers’ compensation benefits for employees who contract COVID-19. This article explains in a series of questions and answers what employers need to know about workers’ compensation under this new law if an employee tests positive for COVID-19.
NEWSOM’S EXECUTIVE ORDER…
Enactment of AB 685 Establishes COVID-19 Exposure Notice Requirements for California Employers and Cal/OSHA Enforcement Changes
On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace. The new law, which will be in effect from January 1, 2021, until January 1, 2023, also requires employers to report a COVID-19…
Enactment of AB 685 Establishes COVID-19 Exposure Notice Requirements for California Employers and Cal/OSHA Enforcement Changes
On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace. The new law, which will be in effect from January 1, 2021, until January 1, 2023, also requires employers to report a COVID-19…