It is no secret that the COVID-19 pandemic has had some type of impact on many people’s mental health. On October 10, 2021, the World Health Organization (WHO) recognized World Mental Health Day, and this year’s theme is “Mental health care for all: let’s make it a reality.” The past 18 months have brought forth
Employment
Religious Exemption Requests Are Stealing the Show from COVID-19 Vaccination Requirements
Over the last several months, mandatory vaccination requirements took center stage in the public response to COVID-19, but with the play getting underway and vaccination requirements becoming operative, it is the request for religious accommodation (i.e., exemption from vaccination requirements) that may be stealing the show.
Title VII and FEHA Set the Stage…
A Disability is a Disability is a Disability, Right?
When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement. What makes matters more complicated is that the definition of disability is not the same under each law. So, while a medical condition may meet…
Five Common Pitfalls in the Reasonable Accommodation Process
This article was originally published in February 2014. The information has been reviewed and is up-to-date as of August 2021.
Under the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform…
Your Employee Is On-Call, But Is Your Employee “Working”?
This article was originally published in February 2015. The information has been reviewed and is up-to-date as of August 2021.
The term “on call pay” is subject to various interpretations. There is on-call pay where an employer pays an employee a flat rate or small hourly amount to be available to the employer, such as…
Trouble-Shooting the Hiring Process for a Public Agency
This article was reviewed in August 2021 and is up-to-date.
The stock market has reached all-time highs and the economy in general continues to be strong. In this scenario, many public sector employers are hiring. Although this is certainly welcome news, the hiring process does, however, carry legal risks.
The following are six areas of…
Do You Have Seasonal Workers? What To Know About Health & Retirement Benefit Obligations
This article was reviewed in July 2021 and is up-to-date.
As the summer season winds down, so do public agency departments that hire seasonal workers to staff summer camps, pools, extended park and recreation hours, and a myriad of season-specific facilities and activities. But, just how do seasonal workers impact the agency’s health and retirement…
Retaliation Claims – Unique Concerns And How To Be Prepared
This article was reviewed in July 2021 and is up-to-date.
Often times, an employee may know that discipline or a poor performance evaluation is imminent. Occasionally, such an employee will engage in a preemptive strike—“You can’t discipline me or give me a poor performance evaluation now since I have submitted a complaint.” While this may…
Masks Off? What Employers Need to Know About Changes to California’s Mask Mandates
On June 15, 2021, the State of California took a step towards returning to some normalcy when it officially reopened for business after over a year of restrictions and closures due to the COVID-19 pandemic. In doing so, the state announced it would be easing, for vaccinated individuals, some of the restrictions set in place…
Prevention, Prevention, Prevention! It’s Time to Audit Your Agency’s Personnel Rules
This article was reviewed in June 2021 and is up-to-date.
Prevention of liability starts with auditing your agency’s personnel rules. Indeed, in an employment-related lawsuit, the applicable personnel rule is often “Exhibit A.” Each year, public agencies face changes to employment laws and regulations, best management practices, and internal changes to procedures. Thus, the outcome…