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As the COVID-19 pandemic continues, so does the number of workplace-related lawsuits filed by workers across the country against their employers. The pandemic laid the groundwork for new local, state and federal laws and regulations governing a number of workplace issues like workplace safety, family and medical leave and remote work. At the same time,
Question: I’ve heard it said that termination always comes with risk. What does that mean? Answer: It means there’s always a risk that a terminated employee could make an issue of the termination, claiming that it was discriminatory or based on some other illegal reason. (There’s also the risk that they will bad-mouth your organization
Beginning next year, 2021, the California Family Rights Act (“CFRA”) to include businesses with five or more employees. And, even for businesses that are already subject to CFRA, the scope of the leave rights is also larger. The key changes to CFRA, which provides employees with up to 12 weeks of protected, unpaid leave to
The 2016 Revised Tracking of Workplace Injuries and Illnesses Rule commonly referred to as the Electronic Reporting Rule, included a provision that would make the information submitted by companies publicly available. Under the final rule, establishments with 250 or more employees, as well as printing operations with between 20 and 249 employees, must electronically submit
The California Legislature is sending a major group of exemptions from the Dynamex ABC test for differentiating between independent contractors and employees to the Governor for approval. It is an urgency measure and takes effect upon the Governor’s signature. He has indicated he will sign it. As a reminder, California Assembly Bill 5 (AB5), sometimes
Ever since it became clear that not all schools would be fully reopening for the new school year, employers and employees alike have been wondering how the federal Families First Coronavirus Response Act (FFCRA) would apply in the variety of new schooling scenarios. Recently, the Department of Labor released several new Questions and Answers that
A federal court in New York recently struck down four federal Department of Labor (DOL) rules related to the leaves provided by the Families First Coronavirus Response Act (FFCRA). As a result, certain aspects of the FFCRA are now more favorable to employees. Unfortunately, it’s not clear if the ruling applies nationwide or only in
On July 8, 2020, the Internal Revenue Service (IRS) released a guidance document on reporting qualifying wages paid to employees under the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) which are part of the Families First Coronavirus Response Act (FFCRA). The FFCRA requires employers with fewer than
The California Employment Development Department (EDD) outlines the qualification and procedures for applying for the Work Sharing Program. An employer can apply for the Unemployment Insurance (UI) Work Sharing program as a temporary alternative to layoffs if a company’s work activity has been reduced. Under Work Sharing, employees whose hours and wages have been reduced
On June 16, 2020, the California Department of Public Health (CDPH) released a checklist for employers experiencing an outbreak of COVID-19 in their workplace with the following: How to prepare for identification of COVID-19 outbreaks in the workplace. How to prepare to share information with the local health department and other stakeholders. Understanding requirements for
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