On January 8, the Department of Occupational and Safety (Cal/OSHA) updated its interpretive guidance concerning emergency COVID-19 regulations that took effect on November 30, 2020. The guidance reflects new information concerning employer obligations and employee entitlements under both Title 8 Sections 3205 and 3205.1, which, respectively, relate to the COVID-19 Prevention Program (CPP)[1] and workplace
The US Department of Labor Sets Forth New Guidance Regarding the Classification of Independent Contractors under the Fair Labor Standards Act
On January 7, 2021, the United States Department of Labor (DOL) published a final rule establishing new guidance on classifying individuals as independent contractors under the Fair Labor Standards Act (FLSA). The new guidance is set forth in Title 29 of the Code of Federal Regulations at Part 795.100 et seq. and is available online
CDPH Updates Travel Advisory to Revise the Recommended Quarantine Period Following Interstate and International Travel and to Warn Against Non-Essential Intrastate Travel
On January 6, 2021, the California Department of Public Health (CDPH) updated its November 13, 2020 travel advisory concerning non-essential interstate travel and the quarantine period for individuals who engage in such travel.
The new CDPH guidance makes two important changes to its prior travel advisory including: (1) reducing the recommended self-quarantine period from 14
Best Practices for Communicating with Employees on Medical Leave and Utilizing Intermittent Leave Schedules
During these unprecedented times, it is likely that employees may be utilizing various forms of protected leave under the Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA). Some employees may be tempted to work remotely during their leave, perhaps to catch up, to stay ahead, or to offset the amount of time
The Equal Employment Opportunity Commission (“EEOC”) Updates Guidance Concerning the Permissibility of Requiring COVID-19 Vaccinations
On December 16, the Equal Employment Opportunity Commission (“EEOC”) updated existing guidance in order to address COVID-19 vaccinations.[1] In addition to discussing vaccinations in the context of equal employment opportunity (“EEO”) laws, the guidance also discusses the Food, Drug and Cosmetic Act (“FD&C Act”), a law outside of the EEOC’s jurisdiction that nevertheless provides a
Sexual Harassment Training – Is Your Agency 2021 Ready?
With the new year approaching, now is a good time to audit your agency’s compliance with sexual harassment training requirements. Since 2005, the California Fair Employment and Housing Act (“FEHA”) has required employers to provide supervisory employees with training in preventing sexual harassment (sometimes called “AB 1825 harassment training”). Recently, the State Legislature has greatly
Governor Issues Executive Order Revising Cal/OSHA Quarantine Guidance and Addressing Other COVID-19 Related Issues
This article was reviewed January 2021 and the information is up-to-date.
On December 14, 2020, Governor Gavin Newsom issued Executive Order N-84-20 (the “Order”), addressing a number of issues related to COVID-19 and the present public health emergency.
In this bulletin, we address several issues of significant importance to employers, including revisions to the
Responding to COVID-19 Outbreaks
On November 19, 2020, the Occupational Safety and Health Standards Board (“OSHSB”) issued a series of new regulations related to COVID-19, which are set forth in Title 8 of the California Code of Regulations (“C.C.R.”) Sections 3205 through 3205.4 (“Cal/OSHA regulations”). While employers have rightfully focused on their obligation under Section 3205 to adopt and
CDPH Reduces Quarantine Period Following “Close Contact” Exposures to Align with CDC Guidance
On December 7, the California Department of Public Health (“CDPH”) issued updated guidance concerning the recommended quarantine period for individuals following a “close contact” exposure to someone with COVID-19. This guidance now aligns with comparable advice provided by the Centers for Disease Control and Prevention (“CDC”) on the same subject on December 2.
Now, both
Permissibility of Requiring that Public Employees Receive a COVID-19 Vaccination
Given the recent news coverage concerning COVID-19 vaccines and the government’s distribution plan for such vaccines, many of our public agency clients have inquired whether it will be permissible to require that agency employees be vaccinated for COVID-19. This question is important from a public health perspective, complicated from a legal one, and almost certain