Monthly Archives: June 2020

Applies to:           All Employers subject to Title VII Effective:             June 15, 2020 In Bostock v. Clayton County, the U.S. Supreme Court said that sex discrimination under Title VII of the Civil Rights Act of 1964 prohibits discrimination on the basis of sexual orientation and transgender status. The Court stated that “[a]n employer who fires an

Applies to:           All Employers Subject to the Americans with Disabilities Act Effective:             May 7, 2020 Businesses are starting to bring employees back to work; meanwhile, COVID-19 is still a reality and concern that employers are grappling with. Employers are trying to do their best to limit the spread of the disease in the workplace and

Applies to:           All Employers Effective:             May 1, 2020 The U.S. Citizenship and Immigration Services (USCIS) recently announced a temporary policy allowing employers to accept expired List B identity documents when completing Form I-9. Specifically, List B documents set to expire on or after March 1, 2020 may be treated the same as if the employee

Applies to:           All Employers Subject to OSHA Effective:             May 26, 2020 The Occupational Safety and Health Administration (OSHA) recently issued updated enforcement guidance for recording COVID-19 illnesses. “The guidance is intended to be time-limited to the current COVID-19 public health crisis.” Specifically, employers are responsible for recording cases of COVID-19, if: The case is a

Applies to:           All Employers subject to the FLSA Effective:             August 7, 2020 The U.S. Department of Labor (DOL) recently issued a final rule that allows employers to pay bonuses or other incentive-based pay to salaried, nonexempt employees whose hours vary from week to week. Specifically, employers can pay bonuses, premium payments, or other additional pay,

Applies to:           As Indicated Effective:             July 1, 2020, as indicated On July 1, 2020, minimum wage will increase in states and localities across the country. Although not a comprehensive list, the following are key areas to review. California Alameda: $15/hour. Berkeley: $16.07/hour. Emeryville: $16.84/hour; Fremont: $15/hour (26+ employees); $13.50/hour (1-25 employees). Los Angeles City and

Applies to:           All Employers with Employees in Trucking Industry Effective:             September 11, 2020 The U.S. Department of Transportation (DOT) published a final rule updating the hours of service rules for commercial vehicle drivers.  Originally adopted in 1937, the hours of service rules specify how long commercial drivers are permitted to operate a vehicle.  A proposed

Applies to:           All Employers subject to FLSA Effective:             May 19, 2020 Qualified employees in retail and service establishments may be exempt from overtime pay if they meet certain requirements under the Fair Labor Standards Act (FLSA). The U.S. Department of Labor (DOL) recently issued a final rule clarifying which employers are considered retail and service

Applies to:           All Employers with CA Employees Effective:             May 6, 2020 On May 6, 2020, Gov. Newsom issued an Executive Order stating that employees are presumed to have contracted COVID-19 in the workplace for purposes of receiving workers’ compensation benefits if certain criteria are met. A few weeks later, the California Department of Industrial Relations

Applies to:           All Employers with CA Employees Effective:             July 1, 2020 The California Fair Employment and Housing Council (FEHC) recently updated regulations under the Fair Employment and Housing Act (FEHA), which are set to take effect July 1st. Specifically, the regulations impact pre-employment practices and discrimination standards. Pre-employment inquiries regarding an applicant’s availability for work