On May 8, 2020, California Governor Newsom unveiled the four-stage “Resilience Roadmap” for the gradual reopening of businesses and public spaces. As counties enter Stage 3 of the Resilience Roadmap, which phases in high-risk workplaces, as defined below, the COVID-19 pandemic raises new challenges for employers and their employees. The following are some common challenges that businesses may face under…
The California Consumer Privacy Act (CCPA) had only been in effect for a short time before the COVID-19 pandemic struck, raising a host of new privacy challenges for employers. As California businesses begin to reopen and the CCPA enforcement date of July 1, 2020, has passed, employers should take immediate action to evaluate existing privacy practices and implement the requirements…
Before June 18, 2020, California only recommended that residents wear face coverings as a precautionary measure with COVID-19 and left it up to local governments to decide whether to make masks a mandatory requirement. But, as California residents and summer visitors head outdoors, Governor Newsom and the California Department of Public Health have issued a mandatory face-covering directive to mitigate…
On June 15, 2020, the U.S. Supreme Court issued a historic decision which granted protection under federal law to LGTBQ+ employees from workplace discrimination in three consolidated cases: Bostock v. Clayton County, Georgia, No. 17-1618; Altitude Express Inc. v. Zarda, No. 17-1623; and R.G. & G.R. Harris Funeral Homes Inc. v. EEOC, No. 18-107. Justice Neil Gorsuch wrote for the…
The Americans with Disabilities Act was enacted in 1990 to ensure that persons with disabilities have access to places of “public accommodations”. Examples of places of public accommodations include: places of lodging, entertainment, recreation, restaurants, bars, theaters, stores, and health clubs. The ADA, while well-intended and efficiently designed, has given rise to a cottage industry of “drive-by” lawsuits in California.…
Amid the challenges faced by employers in the COVID-19 coronavirus outbreak, many are implementing remote-work arrangements for their employees. To be successful, employers need to outline expectations and guidelines for working outside the office. Generally, remote-work policies cover eligibility, working expectations, legal considerations, and technology issues. With a great deal of employers dealing with remote working for the first time,…
The COVID-19 pandemic has dramatically altered the way many of us work and live, leaving employers suddenly faced with a seemingly endless stream of new and unfamiliar workplace issues and an array of rapidly implemented new federal, state, and municipal employment laws. With federal social distancing guidance and California’s stay-home order in place for an undetermined time, it is imperative…
UPDATE: The U.S. Department of Labor Issues Important New Guidance Regarding the Small Business Exemption from the Paid Leave Requirements of the Families First Coronavirus Response Act (FFCRA) and “Health Care Provider” Exclusion The Families First Coronavirus Response Act (FFCRA), which became law on March 18, 2020 and goes into effect on April 1, 2020, requires private employers with fewer…
The Families First Coronavirus Response Act is a new federal employment law that was passed by Congress and signed into law by President Trump on March 18, 2020. The Act provides for two paid leaves that employers across the United States must provide to employees in response to the coronavirus epidemic. The Act goes into effect on April 1, 2020,…
As the world faces the possibility of a coronavirus pandemic, employers are looking to lawyers for help in addressing tricky workplace situations. The World Health Organization as of today has confirmed over 170,000 cases worldwide of COVID-19. As more cases have come to light in the United States, the urgency for employers to take measures to avoid infections in…