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We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Illinois, Indiana,

…

On April 16, Governor Gavin Newsom signed a statewide right of recall law (Senate Bill 93). SB 93 is similar to the Los Angeles City recall ordinance and the San Francisco right to reemployment legislation. It is effective immediately and will remain in effect through December 31, 2024.

Here’s what you need to know:  

Covered Employers

The new law does not apply to all employers. It applies generally to hotels, private clubs, event centers, airport hospitality operations, and airport service providers, while also applying specifically to janitorial, building maintenance and security services provided to office, retail and other commercial buildings.

Important Definitions:

  • “Hotel” means a residential building that is designated or used for lodging and other related services for the public, and containing 50 or more guest rooms, or suites of rooms (adjoining rooms do not constitute a suite of rooms). “Hotel” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the building’s purpose, or providing services at the building.
  • “Private club” means a private, membership-based business or nonprofit organization that operates a building or complex of buildings containing at least 50 guest rooms or suites of rooms that are offered as overnight lodging to members.
  • “Event center” means a publicly or privately owned structure of more than 50,000 square feet or 1,000 seats that is used for the purposes of public performances, sporting events, business meetings, or similar events, and includes concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers.
    • The term “event center” also includes any contracted, leased, or sublet premises connected to or operated in conjunction with the event center’s purpose, including food preparation facilities, concessions, retail stores, restaurants, bars, and structured parking facilities.
  • “Airport hospitality operation” means a business that prepares, delivers, inspects, or provides any other service in connection with the preparation of food or beverage for aircraft crew or passengers at an airport, or that provides food and beverage, retail, or other consumer goods or services to the public at an airport.
  • “Airport service provider” means a business that performs, under contract with a passenger air carrier, airport facility management, or airport authority, functions on the property of the airport that are directly related to the air transportation of persons, property, or mail, including, but not limited to, the loading and unloading of property on aircraft, assistance to passengers under Part 382 (commencing with Section 382.1) of Title 14 of the Code of Federal Regulations, security, airport ticketing and check-in functions, ground-handling of aircraft, aircraft cleaning and sanitization functions, and waste removal.
  • “Building service” means janitorial, building maintenance, or security services.

Continue Reading California Establishes Statewide Right to Recall for COVID-Related Layoffs Limited to Certain Industries

We are pleased to share a recent Law360 article, “3 Ways To Protect Diversity If Layoffs Are Unavoidable,” with quotes from Mike Brewer. This article discusses three tips employers can use to help safeguard diversity when reductions in force cannot be avoided due to economic havoc caused by COVID-19.

Click here to view the article.

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans:  Delaware, Michigan,

…

COVID-19 vaccinations have been administered in the US for several months now. Employers are considering their available options in order to push employees to get vaccinated as quickly as possible, especially considering recent concerns around the variants of the virus. In our Mandatory Vaccinations in the Workplace 2.0: Spring 2021 Update video, we continue to…

We recently published an update to our 50-state Shelter-In-Place / Reopening Tracker.

Please see HERE. This is updated weekly.

For your convenience, here is a summary of the major updates from around the country:

  • The following jurisdictions extended their state-wide orders and/or the duration of the current phase of their reopening plans: Georgia, Illinois,

…

The California Department of Industrial Relations (DIR) recently updated its “Guide to COVID-19 Related Frequently Asked Questions [FAQs]” to include wage and hour issues arising out of employer-mandated COVID-19 tests or vaccinations.

On March 4, 2021, the Department of Fair Employment and Housing (DFEH) confirmed that an employer does not violate the California Fair Employment and Housing Act (FEHA) by requiring employees to receive an FDA-approved COVID-19 vaccine so long as the employer does not discriminate against or harass employees or job applicants on the basis of protected characteristics, provides reasonable accommodations related to disability or sincerely-held religious beliefs or practices, and does not retaliate against employees who engage in protected activity, such as requesting an accommodation. While this guidance arguably protects employers against FEHA claims, employers should not take the DFEH’s guidance as permission to mandate vaccines in other contexts, and it is not yet clear whether employers can safely mandate vaccines approved only under Emergency Use Authorizations by the Food and Drug Administration.

If employers can legally mandate vaccines, the question becomes whether employers must pay for the time spent being vaccinated. Now, the DIR has weighed in on employer obligations to pay for tests and vaccines when mandated by the employer.

For ease of reference, the FAQ is copied here.

    1. Is my employer required to compensate me for the time spent obtaining a COVID-19 test or vaccination?

If the employer requires an employee to obtain a COVID-19 test or vaccination (see Department of Fair Employment and Housing FAQs for guidance on the types of COVID-19 tests an employer may require and on vaccination), then the employer must pay for the time it takes for the testing or vaccination, including travel time.Continue Reading California Requires Employers to Compensate Employees for Time Spent Obtaining a COVID-19 Test or Vaccination

As previously covered, California reinstated and expanded COVID-19 supplemental paid sick leave last week. For more on the law’s requirements, click here.

The new law requires employers to give employees notice of the leave benefit:

  • The California Labor Commissioner has issued a model poster available here and FAQs are available here.
  • The poster

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Employers are busy putting together return-to-work plans and deciding whether they should mandate employee vaccination or simply encourage it. Before creating a uniform vaccination policy, it’s imperative to understand the legislative landscape in each jurisdiction where the employer operates, especially regarding the freedom to mandate vaccines, require proof of vaccination, etc.

While most employers will not be surprised to hear that mandatory vaccination is permitted under the ADA, except for employees with disabilities or sincerely-held religious beliefs, a recent surge in state legislation may call this general rule into question. This pending legislation varies from requiring employers to use government-approved vaccines to outright bans of any consideration of vaccination status, as summarized below. (This information is current as of March 24, 2021.)Continue Reading Efforts to Craft National Vaccination Policies Complicated by Patchwork Legislation