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On April 7, 2020, the City Council of San Jose adopted the COVID-19 Paid Sick Leave Ordinance (the “Ordinance”), which became effective immediately and will remain in effect through December 31, 2020. San Francisco’s Board of Supervisors has also adopted an emergency paid sick leave ordinance that is awaiting signature by the Mayor. San Jose’s new ordinance…
Continue ReadingOn April 1, 2020, the U.S. Department of Labor enacted a new Temporary Rule that took effect immediately to implement the Emergency Paid Sick Leave Act and Emergency Family & Medical Leave Expansion Act. Some of the more important clarifications made by the Temporary Rule are: An Apparently Narrow Possibility for Entitlement to Emergency Sick Leave Due to…
Continue ReadingBy Order of the Health Officer of each Bay Area county (Alameda, Contra Costa, Marin, Santa Clara, San Francisco, and San Mateo), “Essential Businesses” (as defined in Section 13.f. of the Orders) that are maintaining operations now have additional limitations imposed on them. Most important, by 11:59 p.m. on April 2, 2020, Essential Businesses must prepare, post,…
Continue ReadingThe U.S. Department of Labor has continued to provide new guidance regarding the Emergency Paid Sick Leave Act and Emergency Family & Medical Leave Expansion Act, including additions to published Questions & Answers. Important updates include: Mandatory Employer Notice: The DOL has published the mandatory notice that employers must post (in a conspicuous place) by April 1, 2020 regarding…
Continue ReadingYou may request access to the recorded webinar here: Access Request Form Hixson Nagatani LLP hopes that you are safe and well during these challenging times. We are offering this complimentary on-demand webinar to help you stay current with quickly evolving employment law requirements related to the COVID-19 crisis, and to review existing laws and best…
Continue ReadingToday the U.S. Department of Labor published Questions & Answers regarding the recently enacted federal Emergency Paid Sick Leave Act, and Emergency Family & Medical Leave Expansion Act (see our firm’s alert summarizing those laws). We think these are the most important clarifications from the DOL publication: April 1, 2020 Effective Date: The DOL now takes the position that…
Continue ReadingThe COVID-19 crisis (and related shelter at home orders) are making it necessary for many employers to implement furloughs (temporary layoffs), especially for employees who cannot perform their jobs remotely. As discussed below, furloughs often trigger a variety of the same legal requirements that would apply to a termination of employment, and require attention to…
Continue ReadingOn March 18, 2020, President Trump signed the Federal Emergency Paid Sick Leave Act (“EPSLA”), and the Federal Emergency Family & Medical Leave Expansion Act (“Emergency FMLA”), requiring employers to provide paid and unpaid time off for COVID-19 crisis related uses. Both new laws apply to employers with fewer than 500 employees. Both new laws…
Continue ReadingComplimentary Webinar: Friday, March 27, 2020 (noon to 1:30 p.m. PDT)
Continue ReadingAs discussed in our November 8, 2019 Employment Law Alert, a new California law (Assembly Bill 51) prohibits employers from requiring workers to enter into mandatory arbitration agreements for claims under the California Fair Employment and Housing Act or the California Labor Code. After granting a temporary restraining order on December 30, 2019, as reported here, a federal…
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