California recently enacted Assembly Bill 1867, requiring all private employers with 500 or more employees to provide COVID-19 supplemental paid sick leave for their California employees.  Employers must begin providing supplemental sick leave, under the new law, no later than September 19, 2020.  The law will remain in effect until the later of December 31, 2020 or expiration of any federal extension of the Families First Coronavirus Response Act.
Continue Reading California Expands COVID-19 Paid Sick Leave

Three bills currently pending in the California legislature aim to codify presumptions for workers compensation purposes about the work-relatedness of COVID-19. Governor Newsom first addressed this issue in his May 6, 2020 Executive Order No. N-62-20, which expired on July 5, 2020.
Continue Reading California Legislature Tackles COVID Workers Compensation Presumptions

In a little-publicized move near the beginning of the U.S. coronavirus lockdown, the EEOC temporarily suspended issuing right-to-sue letters with respect to most charges of discrimination. the EEOC resumed sending out right-to-sue letters on August 3, 2020, and announced that any suspended notices would be sent out between that date and September 30, 2020.
Continue Reading As the EEOC Resumes Sending out Right-To-Sue Letters, Employers Should Expect an Increase in Discrimination Lawsuits

On August 3, 2020, the United States District Court for the Southern District of New York struck down portions of the DOL’s Final Rule regarding who qualifies for COVID-19 emergency paid sick leave under the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, collectively referred to at the Families First Coronavirus Response Act. Of particular importance to employers, the Court invalidated two provisions of the DOL’s Final Rule pertaining to: (1) conditioning leave on the availability of work and (2) the need to obtain employer consent prior to taking leave on an intermittent basis.
Continue Reading Federal Court Strikes Down Portions of Department of Labor’s Final Rule On COVID-19 Leave, Expands Coverage

The Department of Labor has released a new set of “Questions and Answers” for employers under the Families First Coronavirus Response Act.  The guidance supplements the temporary rule issued by DOL in April; final regulations are still forthcoming.
Continue Reading DOL Updates Guidance on Coronavirus Paid Leave Law, Addresses Business Reopenings

Due to the novel coronavirus (COVID-19), many San Francisco businesses have closed in order to contain the spread of the pandemic, resulting in declining revenues and widespread business interruption.  These economic conditions have led to employee layoffs across San Francisco.  As San Francisco employers work to restore their business operations in the wake of COVID-19, they should be aware of new rules that may affect how they rebuild their workforce. 
Continue Reading New Emergency Ordinance Requires San Francisco Employers to Guarantee Reemployment for Certain Employees Laid Off Due to COVID-19

The COVID-19 pandemic has exposed employers to an influx of novel employment law issues.  Many employers already have experienced an uptick in related internal complaints or litigation. We identify five particular employment law liabilities employers may be exposed to once the dust settles from the pandemic.
Continue Reading Top Five Employment Law Liabilities Facing Employers Post-Pandemic

Many employers will need all hands on deck once shelter-in place orders are lifted. In a perfect world, employees would return to the workplace and seamlessly divide their vacation requests throughout the remainder of the year. In reality, employees may immediately seek to take time off, causing an influx of overlapping vacation requests.
Continue Reading Viewpoint: Minimize Vacation Scheduling Conflicts in the Pandemic

As Texas begins to reopen, some employers are recalling employees placed on furloughs or leaves of absences due to the COVID-19 pandemic. The Department of Labor recently issued guidance to clarify that an individual who is able and available to work, but refuses to take a job offer or return from a furlough, absent one of the COVID-19-related criteria, will not be eligible for the federal Pandemic Unemployment Assistance benefit under the CARES Act. On April 30, 2020, the Texas Workforce Commission issued guidance stating that, depending upon the reason for refusal, these employees may remain eligible for receipt of state unemployment benefits. 
Continue Reading Texas Workers Who Refuse to Return to Work May Remain Eligible for Unemployment Benefits