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
Ensuring that Employees with Reduced Hours Qualify for Federal Pandemic Unemployment Compensation (“FPUC”) under the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”)
Note: This is the first of a two-part series concerning federal unemployment assistance.
On March 27, 2020, President Donald J. Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law. Under that Act, the federal government established two programs to expand unemployment assistance to workers who lose their jobs
How Public Agencies Should Communicate With Employees About Their Potential Exposure to COVID-19 In The Workplace
The figures related to the COVID-19 pandemic have become grim in the United States. As of March 30, 2020, at least 160,700 individuals have tested positive for the virus, with approximately 6,800 of those cases in California. As the number of positive COVID-19 cases continue to rise, we anticipate that many agencies will unfortunately be
Department of Labor Clarifies Effective Date of the Families First Coronavirus Response Act
The Families First Coronavirus Response Act (FFCRA) will take effect April 1, 2020, according to a new Q & A posted March 24, 2020 by the U.S. Department of Labor (DOL). The DOL, the federal agency charged with implementing and enforcing the FFCRA, has been answering questions online and is working on regulations to implement