On July 30, 2020, the California Supreme Court issued its decision in Alameda County Deputy Sheriff’s Assn. v. Alameda County Employees’ Retirement Assn. (Alameda). It was anticipated that the Court would address the continuing viability of the “California Rule.” Under the California Rule, a public employee is vested in a pension benefit
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
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,
CalPERS Issues Circular Letter Explaining How Leave Under the Families First Coronavirus Response Act Should be Tracked and Reported
The California Public Employees’ Retirement System (“CalPERS”) has answered several outstanding questions concerning how paid leave hours taken under the Families First Coronavirus Response Act (“FFCRA”) should be tracked and reported. On April 16, 2020, CalPERS issued Circular Letter No. 200-021-20 which explains how to report compensation and track hours for employees taking leave under
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
Determining the Employees Essential to Your Agency’s Function and Complying with Executive Order N-33-20
On March 19, 2020, Governor Gavin Newsom issued Executive Order N-33-20 (“Order”), which effectively imposed a statewide shutdown of non-essential business and governmental operations. This Special Bulletin was updated on April 6 to reflect the most current guidance and orders.
The analysis provided in this Bulletin relies on an interpretation of the term “essential”
Department of Labor Issues Temporary Regulations Concerning Paid Leave under the Families First Coronavirus Response Act (“FFCRA”)
On April 1, 2020, the Department of Labor (“DOL”) issued temporary regulations concerning the paid leave provisions under the Families First Coronavirus Response Act (“FFCRA”), including the Emergency Paid Sick Leave Act (“EPSLA”) and Emergency Family and Medical Leave Expansion Act (“EFMLEA”). The new set of FFCRA regulations that are set forth at 29 C.F.R.
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