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Last week, the U.S. Equal Employment Opportunity Commission (EEOC) updated its technical assistance publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws.” Expanded additional questions and answers provide information about the accommodation of employees with underlying medical conditions, particularly now as certain employers and jurisdictions eye some form of return to work for parts of their workforces.
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Continue Reading EEOC Provides Additional Guidance Regarding Americans With Disabilities Act (ADA) Compliance as Employees Begin to Return to Work

During a press briefing on May 6, 2020, California Governor Gavin Newsom announced an Executive Order that appears to create a time-limited rebuttable presumption related to the application of workers’ compensation benefits for employees who contracted COVID-19 while working outside of their homes during the period of March 19, 2020 (the date of California’s Stay-at-Home…

By Jon Daryanani, Javier Garcia, Jill Ripke, and Lindsay Holloman

Los Angeles County enacted an ordinance on April 29, 2020, effective immediately, that requires employers with 500 or more employees nationally to provide supplemental paid sick leave to qualifying employees for COVID-19-related reasons. These employers with employees working within the geographic boundaries …

We have updated and added to our frequently asked questions (FAQs) from U.S. employers relating to COVID-19 and developments in employment law. These updates include new sections on Employer Immigration Considerations and Returning to Work and Reasonable Accommodations. View the FAQs here.

These FAQs provide general guidance based on the current understanding of COVID-19…

By Matthew Goldberg and Heather Sager

On April 16, 2020, Governor Gavin Newsom signed an Executive Order that requires Hiring Entities to provide Food Sector Workers paid sick leave benefits mirroring those required under the Families First Coronavirus Response Act (FFCRA). The Executive Order defines “Food Sector Workers” to include workers in the retail food supply chain who perform pick-up, delivery, supply, packaging, retail, or preparation services. Eligible workers thus include grocery workers, restaurant and fast food workers, workers at warehouses where food is stored, and workers who pick up or deliver any food items. Key to this order is the definition of “Hiring Entity”—“any kind of private entity whatsoever… that has 500 employees or more in the United States.” Note that covered individuals need not be employed by the Hiring Entity. The Executive Order requires large entities to offer these benefits to any individual who provides services for or through the business, so “gig” workers who provide deliveries to large restaurant chains (but are employed by small local delivery services) would be entitled to paid leave via the larger restaurant conglomerate.

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Continue Reading California Mandates Paid Sick Leave for Food Service and Delivery Workers

By Matthew Goldberg and Heather Sager

On April 17, San Francisco Mayor London Breed signed into law the Emergency Public Health Emergency Leave Ordinance (PHELO), which requires large employers to provide paid sick leave benefits mirroring those required under the Families First Coronavirus Response Act (FFCRA). PHELO covers employers with more than 500 employees nationally. Importantly, employers must provide notice to employees by April 20, 2020 via a manner calculated to reach all employees: by posting in a conspicuous place at the workplace, via electronic communication, and/or by posting in a conspicuous place on an employer’s web-based or app-based platform.

Employees covered by PHELO include part-time and temporary hires and individuals employed through temporary services and/or staffing agencies who work  in the City or County of San Francisco. Although prior versions required a minimum number of hours worked within the last year, the final version of PHELO includes no such requirement.

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Continue Reading San Francisco Extended Sick Leave Ordinance Enacted

The City of San Jose, California has enacted a law expanding the reach of the Federal First Coronavirus Response Act (FFCRA) paid sick leave requirements.

San Jose Ordinance

The San Jose ordinance covers employers not otherwise covered by the FFCRA (i.e., small employers with fewer than 50 employees that qualify for an exemption and large…