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DEPARTMENT OF LABOR & EEOC ISSUE UPDATES

On Friday, September 11, 2020, the Department of Labor (DOL) issued revised FFCRA regulations that will be formally published on September 16. When the FFCRA was signed into law on March 18, 2020 it required employers with fewer than 500 employees to provide up to 80 hours of leave at full pay to employees who… Continue Reading


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AB 5 AND INDEPENDENT CONTRACTOR LAW REVISED !!!

As we all know, AB5 was passed into law on January 1, 2020, which entirely changed the landscape relating to the classification of certain workers as independent contractors. Specifically it codified and expanded the “ABC” test, which had been adopted by the 2018 California Supreme Court decision in Dynamex Operations W. Inc. v. Superior Court. One… Continue Reading


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CALIFORNIA ISSUES BLUEPRINT FOR REOPENING

On Friday August 28, 2019 Governor Newsom issued a Blueprint for a Safer Economy which provides a risk-based criteria on tightening and loosening COVID-19 permitted activities. The Blueprint is based on a 4 tier structure setting forth different restrictions for different industries. Every county in California is assigned to a tier based on its rate of new cases… Continue Reading


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MANAGING EMPLOYEE SCHEDULES AND TIME OFF – NEW DEPT. OF LABOR FAQS ON SCHOOL CLOSURES

REMOTE LEARNING, CHILD CARE CLOSURES AND EMPLOYEE TIME OFF Managing work schedules of employees to accommodate their needs due to the closure of schools and/or child care facilities due to COVID-19 and/or for those employees whose children are home due to remote learning is a difficult issue. Employees may be entitled to paid time off under… Continue Reading


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U.S. DEPARTMENT OF LABOR PUBLISHES ADDITIONAL GUIDANCE

U.S. DEPARTMENT OF LABOR PUBLISHES ADDITIONAL GUIDANCE ON WAGE AND HOUR RULES,FAMILY AND MEDICAL LEAVE AS WORK PLACES REOPEN On July 24, 2020, the U.S. Department of Labor published additional guidance for workers and employers on how the protections and requirements of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA),… Continue Reading


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New California’s Employer Playbook for a Safe Re-Opening & FFCRA Resources

On July 24, 2020, the California Department of Public Health released its Employer Playbook For a Safe Reopening providing a summary of information, links and general guidance for California employers related to COVID-19 and safely re-opening business operations. The Playbook, which consists of 32 pages, contains links to state and local resources, provides checklists and… Continue Reading


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NEW DEPARTMENT OF LABOR FORMS AND INFORMATION

The U.S. Department of Labor (DOL) has been very busy recently. In the last COVID-19 update, we addressed the revised and updated FMLA forms published by the Wage and Hour Division (WHD) of the DOL. The DOL has provided additional guidance and forms on various issues employers should be aware. The following information is provided courtesy of my esteemed… Continue Reading


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DFEH Provides On-Line Non-Supervisory Training – U.S. Dept. of Labor Revises FMLA Forms

Non-Supervisory Training Programs Available On-Line While we are all currently overwhelmed addressing workplace concerns related to the COVID-19 pandemic, employers must continue to deal with non-COVID-19 workplace concerns including staying compliant with the obligations and requirements imposed upon California employers. One of the non-COVID-19 obligations is to provide sexual harassment prevention training to ALL employees.  As… Continue Reading


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PAID FAMILY LEAVE BENEFITS INCREASED

PFL BENEFITS INCREASED TO 8 WEEKS OF WAGE REPLACEMENT AS OF JULY 1 Employees in California have been able to apply Paid Family Leave (PFL) which provides the employee with partial wage replacement benefits from the EDD if the employee needs to take time off of work for the following reasons: to care for a… Continue Reading


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COVID-19-EDD GUIDANCE, WCAB & EEOC UPDATES

EDD GUIDANCE ON ELIGIBILITY FOR BENEFITS EMERGENCY WORKERS COMPENSATION INSURANCE ADJUSTMENTS EEOC POSITION ON ANTI-BODY TESTING IN THE WORKPLACE EMPLOYEES RISK LOSS OF EDD BENEFITS FOR REFUSING REINSTATEMENT The Employment Development Department (“EDD”) has issued a set of FAQ’s regarding unemployment insurance (UI) benefits during the COVID-19 pandemic and specifically stated that individuals may be… Continue Reading