To account for legal developments since our last FAQ concerning employer COVID-19 vaccination policies, we provide updated answers to questions and address additional questions about discrimination, wage and hour, collective...more
8/9/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
NLRB ,
Pregnancy Discrimination Act (PDA) ,
Public Readiness and Emergency Preparedness Act (PREP Act) ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Key Points:
- Vaccinations for COVID-19 are picking up steam around the country as supply increases and eligibility expands.
- Now is the time for employers to think through issues raised by employee vaccination...more
4/6/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Liability Issues ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Food and Drug Administration (FDA) ,
GINA ,
Infectious Diseases ,
NLRA ,
Title VII ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
Key Points
- The U.S. Equal Employment Opportunity Commission (EEOC) has expanded its COVID-19 guidance to discuss how federal equal employment opportunity laws—including the Americans with Disabilities Act (ADA), Title...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Key Points:
- Numerous new California laws going into effect on January 1, 2021 (or earlier), will impact employers and employees.
- The most significant laws include new obligations to report employee pay data, an...more
12/23/2020
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
DFEH ,
Employer Liability Issues ,
Labor Code ,
Labor Regulations ,
New Legislation ,
Paid Sick Leave ,
State Labor Laws ,
Wage and Hour
Key Points
- Cal/OSHA issued new emergency regulations regarding COVID-19 prevention and outbreaks in the workplace that are applicable to nearly all California employers, which were approved and became effective November...more
- The California Supreme Court held that time Apple employees spent waiting for and undergoing mandatory security inspections is compensable.
- The decision rejects the holding by some lower courts that if employees could...more
- A California district court has denied a preliminary injunction in a lawsuit brought by Uber and Postmates challenging the constitutionality of California’s new worker classification law, Assembly Bill 5 (“AB 5”), finding...more
2/12/2020
/ ABC Test ,
Constitutional Challenges ,
Employer Liability Issues ,
Employment Litigation ,
Equal Protection ,
Exempt-Employees ,
First Amendment ,
Fourteenth Amendment ,
Freelance Workers ,
Gig Economy ,
Independent Contractors ,
Likelihood of Success ,
Misclassification ,
Motor Carriers ,
Preemption ,
Preliminary Injunctions ,
Ridesharing ,
State Labor Laws ,
Trucking Industry