by Alexandra P. Saddik and Jonathan R. Babione In new guidance that took effect last week, OSHA expects all employers to comply with the recordkeeping requirements for COVID-19 cases that occur in the workplace. This essentially puts employers in a position of needing to investigate positive COVID-19 cases to ascertain whether the cases are work-related. For a COVID-19 case to
COVID-19 UPDATE: MODIFICATIONS TO BOTH STATE AND BAY AREA ORDERS
by Alexandra P. Saddik and Jonathan R. Babione California has been modifying its state stay-at-home order to allow more businesses to reopen. The Bay Area has also announced modifications to their shelter-in-place orders. In doing so, the Bay Area counties are starting to align with the state order, although there are still some key differences. Below is a guide to
SUCCESSFULLY NAVIGATING THE “INTERACTIVE PROCESS” AND SUPPORTING ONGOING EMPLOYMENT OF INDIVIDUALS WITH DISABILITIES
Julie Ann Giammona will be a part of a live webinar round-table discussion on June 11, 2020. Highlights of this live webinar: DFEH updates on COVID-19 guidance, DFEH website, and case decisions Navigating challenging aspects of the interactive process Review of available resources to assist employers Leave as an accommodation, service/support animals, fragrance and chemical sensitivity disabilities, and challenges with
UPDATES TO BAY AREA COUNTIES’ SHELTER-IN-PLACE ORDERS
by Michelle R. Ferber and Alexandra P. Saddik On April 29, Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara counties, along with the City of Berkeley, extended the existing shelter-in-place order. Though the order has been extended to May 31, 2020, it has been modified to allow outdoor businesses to open up again provided that they maintain
EMPLOYERS MUST ABIDE BY NEW BAY AREA REQUIREMENTS ON FACE COVERINGS
by Michelle R. Ferber and Alexandra P. Saddik On April 17, 2020, the city of Berkeley and counties of Contra Costa, Alameda, Marin, San Francisco, and San Mateo issued new orders requiring members of the public to wear a face covering that does not have holes, is made of a soft permeable material, and covers the nose and mouth. Face
UPDATES RELATED TO COVID-19
by Alexandra Saddik The Families First Coronavirus Response Act (FFCRA) officially took effect April 1; on that same day, the Department of Labor released regulations that clarifies several aspects of the law, including the small business exemption that the Department of Labor issued preliminary guidance on. Under the new Code of Federal Regulations § 826.40(b), small businesses with fewer than
APRIL 1 NEW COMPLIANCE DATE FOR FAMILIES FIRST CORONAVIRUS RESPONSE ACT
by Julie Ann Giammona, Alexandra P. Saddik and Jonathan R. Babione Yesterday afternoon (March 24, 2020), the U.S. Department of Labor (DOL) issued its highly anticipated guidelines for the Families First Coronavirus Response Act (FFCRA). Most significantly, the guidelines mandate compliance with the Act commencing on April 1, not April 2, as was originally understood. The FFCRA states the leave
NINTH CIRCUIT HOLDS PRIOR RATE OF PAY IS NOT A FACTOR OTHER THAN SEX FOR EQUAL PAY ACT PURPOSES
by Alexandra Saddik and Jon Babione Under the federal Equal Pay Act, an employer is expected to provide “equal pay for equal work.” Four affirmative defenses to the Equal Pay Act are (1) seniority, (2) merit, (3) earnings based on “quantity or quality of production,” or (4) “a differential based on any other factor other than sex.” The Ninth Circuit
WHAT THE “FAMILIES FIRST CORONAVIRUS RESPONSE ACT” MEANS FOR YOU
by Michelle Ferber, Julie Ann Giammona and Jennifer Lucas On Wednesday, March 18, 2020, the President signed the Families First Coronavirus Response Act (“Act”) which becomes effective April 2, 2020. The Act expands certain provisions of the Family and Medical Leave Act (“FMLA”) and creates the Emergency Paid Sick Leave Act (“EPSLA”) in an attempt to provide relief to employees
Navigating the Pandemic: Guidance and Best Practices for Employers and Summary of New Legislation Regarding Sick Leave
by Michelle R. Ferber, Jennifer R. Lucas and Julie Ann Giammona The COVID-19 pandemic has resulted in significant unpredictability and rapidly-shifting recommendations and guidelines. Employers are facing unique and difficult challenges. We are here to help you navigate these complex issues. The following information is based upon the most recently available information (3/16/2020) but situations are rapidly evolving. We will