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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…

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…

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…

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…

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…

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…

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…

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…

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…