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
Returning to Work: How Employers Can Best Prepare for their Workforce Returning to the Office
Introduction
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
How Telecommuting During the COVID-19 Pandemic Impacts the Disability Interactive Process
As more businesses start to reopen, the COVID-19 pandemic will have long-term effects on the work environment beyond temperature checks and social distancing protocols. One impact is that it may be harder for employers to justify denying a disabled employee’s request for an accommodation to work from home. Whereas employers previously may have been reluctant
Is This Being Recorded? Navigating FERPA in the Virtual Classroom
When the COVID-19 outbreak reached California, schools throughout the state converted traditional classes to a distance education model for millions of students seemingly overnight. Distance education programs rely on a combination of websites, programs/applications, and other technologies to deliver content, facilitate communication, administer exams, and more. Video conferencing applications (e.g., Zoom) with screen sharing features
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,
First Amendment Rights During Coronavirus – New Challenges For Government Agencies
Lawyers at our firm have practiced constitutional law for many years, and the coronavirus pandemic has presented circumstances in this area that many of us probably thought we would never see. Under normal principles of First Amendment law, speech in a traditional public forum such as a city park has a high level of protection
COVID Briefing: COVID-19 Testing and Law Enforcement
This COVID Briefing was authored by J. Scott Tiedemann and Paul D. Knothe.
As the COVID-19 pandemic continues, law enforcement professionals bravely continue to perform their duties and come in regular contact with the public, potentially exposing themselves to the virus. Concerned for the safety of their officers and the communities they serve, law
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,
COVID Briefing: Legal Issues with Taking Employee Temperatures
This COVID Briefing was authored by J. Scott Tiedemann and Paul D. Knothe.
A fever, which is defined by the Centers for Disease Control and Prevention (CDC) as 100.4°F/38°C or higher, is a symptom and key indicator of COVID-19. Many employers, including law enforcement agencies, are already taking or are considering taking employees’ temperatures
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