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Should Employers Incentivize Employees to Get the COVID-19 Vaccine?
February 17, 2021 • Shirley A. Gauvin
Category: Legal Updates
As the coronavirus vaccine becomes more widely available over the next few months, many employers grapple with the question of whether to mandate the vaccine. Following EEOC guidelines, some employers plan to require it as a condition to returning to the workplace (i.e., nursing homes). In contrast, others prefer to “encourage” vaccinations, leaving the ultimate decision to employees. In an effort to minimize health risks and provide peace of mind to employees returning to the workplace, some employers are asking whether they can offer incentives to encourage employees who get the vaccine.
As part of his State of the State address on January 11, 2021, Governor Cuomo announced changes in the calculation of unemployment benefits for part-time workers in New York.
New Tipping Regulations Will Take Effect March 1, 2021
January 20, 2021 • Anne-Marie Mizel
Category: Legal Updates
The Department of Labor has issued new tipping regulations, to take effect on March 1, that make a few significant changes, some of which may be advantageous to hospitality employers.
California Supreme Court Holds Dynamex ABC Test Applies Retroactively
January 15, 2021
Category: Publications
On Thursday, the California Supreme Court ruled that California’s “ABC” test for determining independent contractor status applies retroactively. As a result, employers may be held to a standard not even in effect at the time they made worker classification decisions. The Supreme Court in Vazquez v. Jan-Pro Franchising International, Inc. delivered a long-awaited opinion finding that the “ABC test” for independent contractor classification, adopted in its 2018 Dynamex decision, applies retroactively to all pending cases that arose before April 30, 2018. This new ruling will weigh heavily in currently pending misclassification lawsuits where the employer applied pre-Dynamex classification standards.
L.A. County Orders 10-Day Mandatory Quarantine for Certain Travelers
December 31, 2020
Category: Legal Updates
After much confusion sparked by a press release from the Los Angeles County Department of Public Health earlier this week, LACDPH just issued its second Revised Temporary Targeted Safer at Home Health Officer Order in less than 24 hours.
Mandatory COVID-19 Vaccinations in the Workplace: Breaking Down the EEOC’s Guidance to Employers
December 28, 2020 • Jordan A. Fishman
Category: Legal Updates
On December 16, 2020, the EEOC updated its COVID-19 guidance to include guidelines pertaining to mandatory vaccinations in the workplace. The EEOC stated that the administration of the COVID-19 vaccination is not a “medical examination” under the ADA, and thus private employers may require employees to be vaccinated as a condition to continued employment, or, at the very least, as a condition to returning to the workplace.
California Adopts Emergency COVID-19 Workplace Protections for California Workers
December 8, 2020 • Christina Tantoy
Category: Legal Updates
California recently adopted stringent COVID-19 workplace standards, known as the “Emergency COVID-19 Prevention Regulations”, that immediately went into effect on November 30, 2020.
2020 forced millions of employers to adapt their business models to allow employees to work from home and it looks as if this trend will continue indefinitely for many employers. With this in mind, employers should be aware of certain unintended consequences of having a workforce that telecommutes, namely the creation of additional repositories of electronic data that may be discoverable later in litigation. Given that this is the new normal, businesses should take this opportunity to review and update their data retention and litigation hold policies to ensure that they are meeting their obligations and setting themselves up to be successful should this data be needed in the future. Here are four simple steps you can take now to update your protocols.
Pennsylvania Makes Significant Changes to Wage Law
November 5, 2020 • Anne-Marie Mizel
Category: Legal Updates
Exemption from overtime is dependent on two factors: an employee’s salary and an employee’s duties. Effective October 3, 2020, new regulations issued by Pennsylvania’s Department of Labor and Industry took effect. These regulations began expanding eligibility for overtime based on salary and updating the task-related tests for determining whether an employee is exempt from overtime.
Disputable Presumption for Workers Compensation for Workers Who Test Positive for Covid-19 During an Outbreak
October 5, 2020
Category: Legal Updates
On September 17, 2020, Governor Newsom approved Senate Bill No. 1159, which creates a framework for COVID-19 related workers’ compensation claims. The new law adds Section 3212.88 to the California Labor Code and applies to employees of employers with 5 or more employees (other than first responders and certain health workers) who test positive during an outbreak at the employee’s specific place of employment. The law will remain effective until January 1, 2023.