As we previously reported, on August 3, 2020 the U.S. District Court for the Southern District of New York (the “District Court”) struck down four provisions of the Department of Labor’s (“DOL”) regulations interpreting employee leave eligibility and entitlement under the Families First Coronavirus Response Act. On September 11, 2020, the DOL issued new regulations (the “Revised Final Rule”) in hopes of clarifying employers’ responsibilities under the FFCRA’s paid leave provisions in light of the District Court’s decision.
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What Employers Need to Know About California’s New COVID-19 Supplemental Paid Sick Leave Law
On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective. The new CSPSL requirement will be codified as Labor Code section 248.1 and was enacted via Assembly Bill (AB) 1867, which Governor Newsom signed into law on September 9, 2020. In addition to addressing other leave and COVID-19 related items, AB 1867 also codified the existing CSPSL requirements for certain food sector workers under Executive Order N-51-20 as new Labor Code section 248. In an effort to get employers up to speed on both section 248 and 248.1, the Division of Labor Standards Enforcement (“DLSE”) published its responses to frequently asked questions on the new requirement to provide CSPSL. This article briefly summarizes the key requirements of the new CSPSL law for non-food sector workers and identifies specific issues that employers in California should attend to as they hastily roll out the leave to employees.
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DOL Issues Guidance on FFCRA and Summer School/Camp Closures
The summer season is normally a time the children are off to summer camps, enrichment programs, or summer school sessions. This year, however, employees are finding themselves without available childcare in the wake of continued widespread COVID-19-related closures. As state and local governments vacillate between easing and increasing restrictions, normal summer programs may be unavailable, or if open, may be operating at significantly reduced capacities.
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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 (FFCRA).
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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 leave for uses related to COVID-19.
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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 to COVID-19.
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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 hours) for reasons related to COVID-19.
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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.
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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 the FFCRA.
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