Over the last few months, claims for unemployment insurance benefits have increased exponentially due to the difficult financial circumstances public and private employers have been confronted with in the wake of the COVID-19 pandemic. Reductions in services and business closures have forced many employers to implement layoffs and furloughs, causing the dramatic increase in unemployment
Employment
I’m Stressed Out! Can I Bring My Dog to Work?
Employers know they need to accommodate a disabled employee’s request to bring a service dog to work. However, what happens when employees claim they are stressed and need to bring their dog to work for emotional support? Here are the top five questions on emotional support dogs:
1. Do we need to allow an employee…
Returning to Work: How Employers Can Best Prepare for their Workforce Returning to the Office
On March 19, 2020, Governor Gavin Newsom issued a stay-at-home order for the entire state of California (with an exemption for essential workers) causing many public agencies, businesses, and schools to shut their doors. In an effort to reopen California’s economy, Governor Newsom announced a Resilience Roadmap setting out a four-stage plan that modifies…
The U.S. Supreme Court Rules That Title VII Protects LGBTQ Workers
On June 15, 2020, the United States Supreme Court ruled that Title VII of the 1964 Civil Rights Act protects gay and transgender employees from discrimination. The Court’s decision was 6-3 and the opinion was authored by Justice Gorsuch, who was joined in the decision by Chief Justice Roberts and Justices Ginsburg, Breyer, Sotomayor and…
California Extends Paid Family Leave Benefits: Two More Weeks Soon and Maybe Six Months in the Near Future
Amid the ongoing COVID-19 pandemic, employers have developed various leaves of absence plans to support employees who contract COVID-19 or come in close contact with a COVID-19 patient. Since the state’s phased reopening began about a month ago, employers have been developing such leave plans to ensure adequate balancing between the need to reopen and…
Issues Public Employers Face During Mass Protest – Question and Answer
Our nation continues to react to the death of George Floyd, and this reaction includes the thousands who have participated in mass protests across the country. Many people feel compelled to speak openly and passionately about an issue of national importance. Public employees likely wish to express their views as well, and this includes not…
Working From Home + Homeschooling – A Journey During A Pandemic
I’ve been working from home since March 16, 2020 when my children’s school closed. I am not alone – with the COVID-19 pandemic and safer at home orders, many employees across the country have been working from home. While restrictions may be easing, without schools reopening, many parents are balancing their roles as teachers, parents,…
Equal Employment Opportunity Commission Issues New Guidance Authorizing Employers to Test Employees for COVID-19
On April 23, 2020, the Equal Employment Opportunity Commission (“EEOC”) issued updated guidance concerning the Americans with Disabilities Act (“ADA”) and the Rehabilitation Act and how employers may respond to the public health emergency caused by COVID-19. The EEOC makes clear that while the laws will continue to apply during the present public health emergency,…
Guide to Understanding the Pandemic Emergency Unemployment Compensation (“PEUC”) Program under the CARES Act
Note: This is the second of a two-part series concerning federal unemployment assistance. You may access the first bulletin here.
On March 27, 2020, President Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established several programs to expand unemployment assistance to…
Special Bulletin: Interaction between Emergency Paid Sick Leave and Paid Family Leave
Employees who are eligible for Emergency Paid Sick Leave (“EPSL”) under the Families First Coronavirus Response Act (“FFCRA”) may also file a claim for Paid Family Leave (“PFL”), a benefit established under California law. PFL provides 60-70% wage replacement benefits for up to 6 weeks (8 weeks effective July 1, 2020) in a 12-month period…
