As 2021 marches on, so do legal developments related to COVID-19 and the workplace! Here is a round-up of recent news:
On April 16, 2021, California Governor Newsom signed Senate Bill 93, which is effective immediately. The new law requires certain employers to recall workers laid-off for reasons related to COVID-19 if and when positions become available.
The California Labor Commissioner’s Office recently cited a southern California gymnastics club for $ 1.3 million for various wage and hour violations. The Labor Commissioner discovered the violations during a COVID-19 compliance inspection. In addition, OSHA recently announced its National Emphasis Program (NEP) and Updated Interim Enforcement Response Plan for COVID-19, focusing its resources on COVID-19 inspections.
Hot off the presses! On April 7, 2021, the DOL’s Employee Benefits Security Administration issued guidance related to the implementation of ARPA’s COBRA subsidy provisions. The guidance includes frequently asked questions, a summary of the related provisions, model notices, and a Federal Register Notice.
Governor Newsom signed AB 95 last week, which is effective on March 29, 2021. Below are the new law’s basic requirements.
On March 24, 2021, the DFEH released its new interactive “app,” designed to help employees and employers understand their pregnancy and/or baby bonding leave rights and obligations under California law. The interactive program provides a customized report specific to the user’s situation.
President Biden signed the American Rescue Plan Act (ARPA) into law last week, and our phones have not stopped ringing! Below are responses to our clients’ most frequently asked questions about the new law.
The EEOC announced that the online filing system for EEO-1 Component 1 data collection will open at the end of April 2021, as previously announced. The big news, though, is that the data collection will remain open until July 2021. Exact dates and deadlines will be announced when the online system launches.
The FFCRA expired on December 31, 2021. The 2021 “Consolidated Appropriations Act” then extended the available tax credits to covered employers (those with fewer than 500 employers) if they voluntarily continue FFCRA benefits through March 31, 2021.
On March 4, 2021, the Department of Fair Employment and Housing released updated COVID-19 guidance for employers. For the first time, the guidance addresses mandatory COVID-19 vaccinations. (Yes, finally!)
On March 4, 2021, the DFEH issued new COVID-19 guidance that replaces its previous guidance (in March and July 2020).
Non-exempt employees must be paid for all of their work time.
If you pay employees a “flat” or automatic amount for reimbursement of their expenses, such as cell phone and internet charges, this new 9th Circuit case is important: https://cdn.ca9.uscourts.gov/datastore/opinions/2021/02/08/19-55784.pdf.
More frequently than ever, employers must investigate workplace issues. In this interactive webinar, attendees will learn from our experienced attorney investigators the keys to conducting effective investigations, including: