Tag Archives: COVID-19

Overview of Recent Updates for Employers in the Commercial Trucking Industry

The COVID-19 pandemic has highlighted the central role local and long haul trucking companies and drivers play in the overall U.S. economy and specifically our public health infrastructure.  Now, as states and businesses around the country gradually reopen and truck deliveries begin to ramp up, employers in the commercial trucking industry should be aware of … Continue Reading

A Roadmap to Resilience: Debriefing California’s Reopening Plan

On March 19, 2020, California Governor Gavin Newsom issued a Stay At Home Order mandating that all California residents stay home, except as needed to support California’s essential critical infrastructure sectors.  This Order has no set end date. However, as many states across the country begin to slowly reopen their economies, California Governor Gavin Newsom … Continue Reading

Cal/OSHA Issues New COVID-19 General Industry Guidance for All California Employers

As California businesses begin to reopen and return employees to physical workplaces, there are numerous safety measures for employers to consider implementing to minimize the spread of COVID-19.  On May 14, 2020, California’s Division of Occupational Safety and Health (“Cal/OSHA”) issued its “Interim General Guidelines on Protecting Workers from COVID-19.”  The new guidelines replace the … Continue Reading

The California Data Privacy Implications of Using Facial Recognition in the Wake of the COVID-19 Pandemic

On May 4, 2020, California Governor Gavin Newsom announced that the state would begin the process of allowing various businesses to reopen physical locations as part of a four-phase plan that seeks to gradually re-establish business operations in light of the ongoing COVID-19 pandemic.  While a welcome sign for many businesses and employees, the phased … Continue Reading

The City of Los Angeles Passes Worker Retention Ordinance for Certain Employers

On April 29, 2020,  the City of Los Angeles passed the COVID-19 Worker Retention Ordinance to protect workers amid the economic fallout of the COVID-19 pandemic by requiring certain businesses within the City to adhere to worker retention provisions whenever a change in control occurs within two years following the declaration of emergency due to … Continue Reading

Mother of Presumptions: Employees With COVID-19 Presumed to Have Contracted Virus From Exposure at Work

On May 6, 2020, California Governor Gavin Newsom issued Executive Order N-62-20 (the “Order”), which states employees that test positive for COVID-19 are presumed to have contracted the virus in the course of employment for purposes of awarding workers’ compensation benefits, if certain requirements are met.… Continue Reading

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

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

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

California Court of Appeal Addresses Unlimited Vacation Policies for the First Time in McPherson v. EF Intercultural Foundation, Inc.

On April 1, 2020, the California Court of Appeal issued the first published decision addressing unlimited vacation policies under California law.  “Unlimited” vacation policies in which employees have no minimum and no maximum vacation and do not accrue any vacation time have become increasingly popular in recent years.  However, without guidance from the courts, employers … 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
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