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On September 30, employees of private employers in New York state will begin to accrue paid sick leave as a new law signed by Governor Cuomo on April 3, 2020, begins to take effect. The law requires most private employers in New York to provide at least 40 hours of paid sick leave each year to all their workers, including part-timers and casual employees. Employees may begin using the accrued leave effective January 1, 2021, or when they begin employment.
The DOL Publishes Additional Guidance Regarding the Use of FFRCA Leave for School-Related Purposes
September 3, 2020
As children head back to school amidst the pandemic, sitting in class and learning is very different. Some students are participating in remote learning, and others are permitted to attend classes in-person. Some students have a mixture of both remote learning and in-person classes—posing new challenges to parents who must balance both work and family life. On August 27, 2020, The Department of Labor (“DOL”) provided additional guidance regarding the use of the Family First Corona Virus Response Act (“FFCRA”) leave for school-related purposes.
On August 31, 2020, the California legislature passed Senate Bill 1383, which expands the California Family Rights Act (CFRA) to allow employees to use unpaid job-protected leave to care for a domestic partner, grandparent, grandchild, sibling, or parent-in-law with a serious health condition.
California Lawmakers Impose “Right of Recall” Provisions on Hotel Employers
September 1, 2020
Category: Legal Updates
Yesterday, California lawmakers passed Assembly Bill 3216, which establishes “Recall Rights” and a “Right of Retention” for laid-off employees. California employers must offer laid-off employees in writing by mail, email, and text message all job positions that become available after the bill’s effective date for which the laid-off employees are qualified. AB 3216 now heads to Governor Newsom’s desk for signature, where he has until September 30, 2020 to sign it.
California Appellate Court Issues Guidelines on “Unlimited” Vacation Policies in McPherson v. EF Intercultural Foundation, Inc.
August 19, 2020
Category: Legal Updates
Unlimited vacation policies have gained popularity in recent years, both with employees and employers. These policies allow employees can take as much time off as their responsibilities allow, and relieve employers of the administrative burden of tracking PTO accrual, use, and payout. Even more attractive to the employers is the proposition that an unlimited PTO policy avoids the requirement of paying out accrued but unused PTO at the end of employment. For traditional PTO accrual policies, earned vacation is considered wages, and Labor Code Section 227.3, requires an employer to payout earned but unused vacation time upon separation. In contrast, under unlimited PTO policies, employees do not accrue and “bank” vacation hours to use later; rather they are entrusted to take time off at their election, so long as they complete their work and perform as expected.
CDC Continues to Update Re-Opening Guidance
August 13, 2020 • Christina Tantoy
Category: Legal Updates
The Centers for Disease Control and Prevention (CDC) recently revised the guidance regarding when to return an employee to work following a positive COVID-19 test. These revisions shorten the period of time a person should self-isolate and adopt a symptom-based strategy rather than a test-based strategy.
New FMLA Forms from the US Department of Labor
August 4, 2020 • Anne-Marie Mizel
Category: Legal Updates
On July 17, 2020, the U.S. Department of Labor released new forms for Family and Medical Leave Act (“FMLA”) leave. Their stated purpose is to make the process easier, ensure the completeness of the necessary information, and allow for electronic signatures to reduce contact.
Abusive or Offensive Language is No Longer Protected Activity Says the NLRB In Its Recent Ruling
July 24, 2020 • Jordan A. Fishman
Category: Legal Updates
Under the National Labor Relations Act, workers engaging in a “concerted activity” with other employees, such as a union organizer or representative discussing conditions of employment with an employer, qualifies as a protected activity.
California Department of Public Health Issues Updated COVID Testing Guidance for Employers
July 21, 2020 • Christina Tantoy
Category: Legal Updates
On July 13, 2020, the California Department of Public Health issued Updated COVID-19 Testing Guidance urging employers not to require a negative COVID-19 test before allowing an employee to return to work after they have tested positive for COVID-19.
NLRB Greenlights Union Elections During Global Pandemic, Allows Furloughed Workers to Vote by Mail
July 3, 2020
On Tuesday, Jill H. Coffman, director of the National Labor Relations Board’s Region 20 office in San Francisco, issued an order allowing furloughed hotel workers to hold union elections by mail in the midst of the COVID-19 pandemic.
UNITE HERE Local 5 filed a petition with the Board to represent a bargaining unit of approximately 350 employees of the Prince Waikiki, a luxury hotel in Honolulu, Hawaii. Like many employers across the country, the Hotel temporarily suspended its operations due to government regulations implemented in response to COVID-19. As a result, all but 50 of its employees in the petitioned-for-unit were temporarily furloughed in late-March with no lapse in benefits. The employees were added back to the payroll in late-April. By mid-June the Hotel began paying employees for time actually worked and conducted ZOOM meetings with staff in preparation for hotel stays beginning on August 1, 2020.