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
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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…
GC Finds Merit in COVID-19 Related ULP Cases in GC Memo 20-14
On September 18, the Board’s GC issued GC Memo 20-14, entitled Summaries of Advice Merit Determinations Related to Coronavirus Disease 2019 Issues for the purpose of giving the public a better understanding of the GC’s approach to COVID-19 related issues. What emerges is a clear message—while the pandemic can impact certain obligations under the…
DOL Revises FFCRA Regulations in Light of New York Federal Court Decision
By Eric Raphan & Jamie Moelis*
As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting employee leave eligibility and entitlement under the Families First Coronavirus Response Act. On September 11, 2020, the DOL issued…
What Employers Need to Know About California’s New COVID-19 Supplemental Paid Sick Leave Law
On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective. The new CSPSL requirement will be codified as Labor Code section 248.1 and was enacted via Assembly Bill (AB) 1867, which Governor Newsom signed into law on September 9, 2020. In addition…
What Employers Need to Know About California’s New COVID-19 Supplemental Paid Sick Leave Law
On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective. The new CSPSL requirement will be codified as Labor Code section 248.1 and was enacted via Assembly Bill (AB) 1867, which Governor Newsom signed into law on September 9, 2020. In addition…
Trust, but Verify: DOL Issues New Guidance for Tracking Teleworkers’ Time
On August 24, 2020, the U.S. Department of Labor (“DOL”) issued Field Assistance Bulletin No. 2020-5 (“FAB 2020-5” or the “Bulletin”) in an effort to guide an increasing number of employers faced with the challenge of tracking compensable hours worked by teleworking non-exempt employees. Specifically, FAB 2020-5 offers clarity regarding how, and to what extent,…
The Board Weighs In on the COVID Mail Ballot Controversy
Did an NLRB’s Regional Director abuse her discretion when she directed a mail ballot election instead of an in-person (manual) ballot election during the COVID-19 pandemic? Though not getting the attention it deserves, this is an extremely important issue going to the very integrity of the Board’s representation process. Manual balloting has long been the…
NLRB Releases More Employer-Friendly COVID Advice
By Ryan Munitz & John Bolesta
The National Labor Relations Board’s (“NLRB” or Board”) Division of Advice[1] recently released five memos dealing with issues related to the COVID-19 pandemic—concluding in all five that dismissal of the pending unfair labor practice charge (“ULP” or “charge”) against the employer was warranted. These advice memos come on the heels of a series of …
Navigating Business Travel Through the Pandemic
With some employees returning to the office, and many states now permitting non-essential business travel, business managers are beginning to reassess the feasibility of a mobile workforce. One barrier to business travel, however, is state by state travel restrictions which vary substantially and may be inconsistent. In addition, the Centers for Disease Control and Prevention…
With Immunity and Justice For All? Congress Weighs Unparalleled Tort Reform for Businesses in Light of COVID-19 Pandemic
As Congress grapples with the next tranche of COVID-19 legislation, one key issue that has remained at the forefront of the debate is whether, and to what extent, Congress will limit COVID-19 exposure lawsuits against businesses and non-profit organizations that remain operational during the pandemic.
The leading bill is entitled the “Safeguarding America’s Frontline Employees…
New York Federal Court Vacates Several Portions of DOL Regulations Regarding FFCRA Leave
By Eric Raphan & Jamie Moelis*
On August 3, 2020, U.S. District Judge J. Paul Oetken issued a decision in State of New York v. U.S. Department of Labor, et al., No. 1:20-cv-03020 (S.D.N.Y. Aug. 3, 2020), which vacated several portions of the Department of Labor’s (“DOL”) regulations concerning the Families First Coronavirus Response Act (“FFCRA”).
Specifically, the Court vacated…
California Department of Public Health Issues COVID-19 “Employer Playbook”
On July 24, 2020, the California Department of Public Health (“CDPH”) issued guidance entitled “COVID-19 Employer Playbook For a Safe Reopening.” The CDPH then revised the 32-page Employer Playbook a week later, on July 31st. A link to the most up-to-date guidance is available here.
The stated purpose of the Employer Playbook is to…