Category Archives: Coronavirus

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Priority Hiring Required for Laid Off Workers of Covered Employers in Los Angeles

On April 29, 2020, the City of Los Angeles issued a new ordinance, entitled “COVID-19 Right of Recall,” that requires covered employers in Los Angeles to offer priority hiring for laid off rank and file workers, and to allow those workers 5 business days to accept or deny the offer of employment.  Specifically, covered employers … Continue Reading

Los Angeles County Enacts Supplemental Paid Sick Leave Ordinance Effective Immediately

Los Angeles County enacted an ordinance requiring employers with 500 or more employees nationally and that are not otherwise covered by the federal Families First Coronavirus Response Act and Governor Newsom’s Executive Order N-51-20 to provide employees with supplemental paid sick leave for COVID-19 related reasons.  The City of Los Angeles previously passed a similar … Continue Reading

Where’s the Meat? Interim Federal Guidance for Meat Plant Worker Safety

As every employer grappling with the global pandemic can attest, preventing and combatting occurrences of COVID-19 are paramount considerations.  This concern has become all the more pronounced, and visible to the nation, with the increasing reports of COVID-19 outbreaks at food processing facilities throughout the country.  In response to this potential threat to the nation’s … Continue Reading

UPDATED: New York Workers’ Compensation Law: Is COVID-19 Compensable?

As previously noted in our blog, workers’ compensation is an emerging area of concern for employers during the COVID-19 crisis.  For New York employers in the heart of the pandemic, the question of whether one of their employees will contract COVID-19 in the workplace is less a matter of “if” than “when.”  Infected employees may … Continue Reading

Workers’ Compensation Claims During the Pandemic and Mitigating the Risk

While essential workers continue to make their way into the office amid the pandemic, many other Californians have been ordered to shelter in place.  At first blush, non-essential businesses may view this as leading to a decrease in workers’ compensation claims because they no longer have employees physically reporting to the office.  There could be … Continue Reading

As America Prepares to Return to Work, EEOC Approves Testing Employees for COVID-19

The U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance concerning COVID-19, affirming an employer’s ability to medically test its employees for COVID-19 before allowing employees to enter the workplace.  The new guidance expands employers’ options to include medical tests that detect the presence of the COVID-19 virus – not just temperature checks.  The EEOC … Continue Reading

DOJ and FTC Issue Joint Statement Regarding COVID-19 and Antitrust Violations

The Department of Justice (“DOJ”) and the Federal Trade Commission (“FTC”) recently issued a joint statement (the “COVID-19 Statement”) regarding what constitutes lawful “procompetitive collaborations” between companies to address certain needs for consumers and businesses during the coronavirus pandemic.  It also detailed what constitutes unlawful anticompetitive behavior related to essential and frontline workers and other … Continue Reading

San Francisco Surpasses Other Jurisdictions and Enacts Expansive COVID-19 Related Paid Sick Leave

On April 14, 2020, the San Francisco Board of Supervisors unanimously passed the Public Health Emergency Leave Ordinance (PHELO).  Mayor London Breed signed the ordinance into law on April 17, 2020, making it effective immediately.  The PHELO was created in an effort to fill the gap left by the federal Families First Coronavirus Response Act … Continue Reading

Additional Paid Leave for Some San Jose Employees Under the COVID-19 Paid Sick Leave Ordinance

In an effort to fill the gap left by the federal Families First Coronavirus Response Act (FFCRA), the San Jose City Council unanimously passed the COVID-19 Paid Sick Leave Ordinance (“Ordinance”) on April 7, 2020.  The Ordinance requires covered businesses operating in San Jose to provide Covered Employees with at least 80 hours of paid … Continue Reading

Unemployment Insurance Benefits: A COVID-19 Update for California Employers

As a result of the COVID-19 pandemic, more than 16 million Americans have filed for unemployment in the last three weeks—approximately 10% of the domestic workforce.  This unprecedented number has challenged our unemployment insurance system.  This article discusses how unemployment agencies will administer benefits provided under various federal and state laws recently enacted in response … Continue Reading

California Counties Mandate Face Coverings & Stricter Requirements for Businesses

As communities continue to deal with the COVID-19 pandemic and additional guidance is issued by the Centers for Disease Control (“CDC”), more state, county and municipal orders are being issued to combat the spread of the virus and protect the safety of residents and workers.  Many of these new or amended orders include a greater … Continue Reading

The City of Los Angeles Mandates Supplemental Paid Sick Leave Effective Immediately

California and Los Angeles currently require covered employers to provide eligible employees with paid sick leave benefits.  Effective immediately, the City of Los Angeles now requires employers that have either 500 or more employees in the City or 2,000 or more employees nationally to provide supplemental paid sick leave of up to two weeks (80 … Continue Reading

City of Los Angeles Orders Certain Employers to Protect Workers or Risk Imprisonment

On April 7, 2020, Mayor Eric Garcetti doubled down his efforts to curtail the spread of the novel coronavirus in the workplace by issuing the Worker Protection Order (the “Order”).  The Order applies to all workers who work at businesses or perform services that are exempt under certain subsections of Paragraph 5(vii) of the City … Continue Reading

EEOC Issues New COVID-19 Guidance For Employers

On March 27, 2020, the EEOC released a webinar addressing frequently asked employer questions regarding federal antidiscrimination laws, such as Title VII of the Civil Rights Act of 1964 (“Title VII”), the Americans with Disabilities Act (“ADA”), the Age Discrimination in Employment Act (“ADEA”), and the Genetic Information Nondiscrimination Act (“GINA”), during the COVID-19 pandemic … Continue Reading

The San Francisco Bay Area Issues Strengthened COVID-19 Shelter In Place Orders That Have a Significant Impact on Employers and Operations

The New Orders On March 31, 2020, the following six Bay Area counties issued revised “Shelter in Place” Orders (“Orders”) that went into effect that same day at 11:59 p.m.: San Francisco, Santa Clara, Marin, Alameda, San Mateo, and Contra Costa, and the City of Berkeley.  The new Orders revise and replace the existing Shelter … Continue Reading

The CARES Act: A Comprehensive Overview for Employers

On March 27, 2020, President Donald Trump signed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) into law.  The CARES Act is the most expansive economic stimulus package in American history.  The Act follows the passage of the Families First Coronavirus Response Act (“FFCRA”), and acts as its counterpart in many ways.… Continue Reading

The CARES Act: What Employers Need to Know About Its Impact on the Families First Coronavirus Response Act

On March 27, 2020, President Trump signed the largest economic stimulus package in American history into law.  Although the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) made several amendments to the Families First Coronavirus Response Act (“FFCRA”), the majority of the amendments were technical corrections that do not impact the substantive provisions of … Continue Reading

States May Have Additional Layoff Notice Requirements Under “Mini-WARN” Statutes

The Workers Adjustment and Retaining Notification (WARN) Act requires employers with over 100 employees to follow certain notice requirements when laying off employees. 20 C.F.R. 693.6.  WARN requires employers with 100 employees or more to give affected workers at least 60 days’ notice of any plant closing or mass layoff, with exceptions for, among others, … Continue Reading

Overview Of The Paycheck Protection Program Under The Cares Act (Title I)

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security (CARES) Act was enacted, an economic relief package in response to the COVID-19 pandemic. The CARES Act provides economic support at the federal level to the business sector, employees, individuals and families, and specific industries that have been impacted, including air transportation, healthcare, and … Continue Reading

The CARES ACT – Tax Relief

On March 27, 2020, President Trump signed into law the Coronavirus Aid, Relief, and Economic Security Act, or the “CARES Act” to provide nearly 2 trillion dollars in aid and relief to individuals, businesses, and other entities in the wake of the spread of COVID-19.  Included in the CARES Act are tax and loan provisions … Continue Reading

Coronavirus Response: A Checklist for California Employers

State and federal governments continue to roll out new COVID-19 laws, regulations, and executive orders.  As a result of the ever-changing legal landscape, employers are left confused at the multitude of rules they must follow and obligations they now face.   Are we considered an essential business to remain open for business? Do we reduce employees’ … Continue Reading

Employee Privacy Forecast: Temperature Checks

To slow the spread of the coronavirus, millions of United States workers are under government orders to stay at home.  However, many businesses considered “essential critical infrastructure” continue to operate and their employees are needed to work.  Many of those businesses are administering health tests like temperature checks to ensure the health and safety of … Continue Reading
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