Monthly Archives: October 2020

Applies to:          All Employers Effective:            September 30, 2020 OSHA recently issued an FAQ for employers to follow to determine reporting obligations when an employee becomes sick with COVID-19 in the workplace. OSHA previously stated that employers must report a workplace illness or injury that results in (1) an in-patient hospitalization within 24 hours of a

Applies to:          All Federal Contractors and Subcontractors Effective:            November 21, 2020 Issued on September 22, 2020, Executive Order 13950 prohibits federal contractors from providing any workplace training that “inculcates” in their employees “any form of race or sex stereotyping or race or sex scapegoating.” “The term “race or sex stereotyping” means ascribing character traits, values,

Applies to:          All Employers Effective:            As Indicated The Equal Employment Opportunity Commission (EEOC) and the U.S. Department of Labor (DOL) recently released opinion letters providing guidance on Title VII case enforcement and commissioned employee overtime exemptions. EEOC Opinion letter on Section 707.  In its second opinion letter of 2020, issued on September 3, 2020, the

Applies to:          All Employers with KY, MI, OH, and TN Employees Effective:            September 9, 2020 The federal Computer Fraud and Abuse Act (CFAA) prohibits individuals from intentionally accessing a computer without authorization or exceeding their authorized access in certain situations. On September 9, 2020, in Royal Truck & Trailer Sales & Serv., Inc. v. Kraft,

Applies to:          All Employers in IL, IN, WI with Ministerial Employees Effective:            August 31, 2020 In Demkovich v. St. Andrew the Apostle Parish, Calumet City, the Seventh Circuit Court of Appeal stated that the ministerial exception does not bar hostile work environment claims under federal employment discrimination laws. Religious organizations may claim exemption from anti-discrimination

Applies to:          As Indicated Effective:            As Indicated Governor Newsom signed into law AB 1867, which implements supplemental COVID-19 paid sick leave for certain employees who are not covered by the Families First Coronavirus Response Act (FFCRA), and for food sector workers, as follows. Eligibility: Private employers with 500 or more employees; healthcare providers and emergency

Applies to:          All Employers with 5+ CA Employees Effective:            January 1, 2021 The California Family Rights Act (CFRA) provides family and medical leave to employers that largely mirrors the federal Family and Medical Leave Act (FMLA), with a few differences. SB 1383 will make some significant changes in 2021, including the following. CFRA will be

Applies to:          All Employers with CA Employees Effective:            As Indicated On September 17, 2020, Governor Newsom signed AB 685 and SB 1159 into law.  Both pieces of legislation are COVID-19 related.  AB 685 imposes new rapid reporting requirements for COVID-19 cases in the workplace, and SB 1159 expands availability of workers’ compensation coverage for COVID

Applies to:          All Employers with CA Employees Effective:            September 4, 2020 AB 2257 amends and reconfigures AB 5 to expand exceptions to the definition of “independent contractor,” which uses the ABC rule set forth in Dynamex, and reverts instead to the Borello test for those exceptions. Some of the expanded exceptions include the following: Business-to-business

Applies to:          As Indicated Effective:            As Indicated  AB 979 | January 1, 2021 – Publicly traded companies whose principal executive offices are located in California must have at least one director from an “underrepresented community” on their corporate board by the end of 2021, which number increases by the end of 2022 depending on board