H1N1 Virus and the Workplace: Will this Year's Flu Cause a Headache for Employers Too?

Flu season is upon us. With the recent outbreak of the H1N1 Virus ("Swine Flu") as well as the ever-present seasonal flu, employers must face increased absenteeism by their employees. Much like the regular flu, H1N1 causes fever, sore throat, nausea and fatigue. However, this particular strain of illness is predicted to be particularly dangerous not only for those with preexisting medical conditions such as asthma or diabetes, but also for those under the age of 25, as opposed to the elderly who are normally at highest risk of severe injury or death from the seasonal flu. This means that employers will likely see more of their younger employees affected by the H1N1 virus than from the regular flu.

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Employers May Be Liable For Injuries Caused By Employees On Business Trips

A California Court of Appeal has ruled that the "special errand doctrine" may allow an employer to be held liable for personal injuries caused by an employee returning from a business trip.

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California's Occupational Safety and Health Standards Board Amends Medical Services And First Aid Regulations To Extend Requirements To All Employers

California's Occupational Safety and Health Standards Board has voted to amend the Medical Services and First Aid Regulations set forth in the California Code of Regulations to require all employers to make provisions in advance to ensure that employees receive prompt medical treatment in the event that an employee is seriously injured or falls seriously ill. The amendment will take effect on September 26, 2009.

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Inflexible Medical Leave Policies May Violate the Americans with Disabilities Act

On August 27, 2009, the U.S. Equal Employment Opportunity Commission filed a putative class action against United Parcel Service, Inc. claiming the company’s 12-month leave of absence policy violates the Americans with Disabilities Act of 1990 (“ADA”).

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Cal/OSHA Adopts New Heat Illness Regulations

The Cal/OSHA Standards Board has adopted new heat illness regulations which, once approved, will supersede the emergency standard that was adopted in response to the significant increase in the number of heat-related incidents reported to the Division of Occupational Safety and Health ("Division") since July 12, 2005.  Continue Reading