Monthly Archives: August 2022

CDC Updates Recommendations for Preventing the Spread of COVID-19

2022-08-16T08:15:57-07:00August 16th, 2022|

Applies to:          All Employers Effective:             August 11, 2022 The U.S. Centers for Disease Control (CDC) recently updated its guidance on how people should be managing COVID-19. The CDC is moving away from distancing and contact tracing, and focusing more on severe illness and community levels. The CDC noted that “[h]igh levels of population immunity due

EEOC Updates Guidelines for Employee COVID-19 Screening

2022-08-16T08:15:34-07:00August 16th, 2022|

Applies to:          All Employers Effective:             July 12, 2022 The Equal Employment Opportunity Commission (EEOC) recently updated its “What You Should Know” guidelines for employers conducting COVID-19 screening in the workplace in compliance with the Americans with Disabilities Act (ADA). There are six important areas employers should reevaluate and revise in their COVID-19 screening policies

Fifth Circuit: WARN Act’s Advance Notice Requirement for Layoffs is Not Exempted by COVID-19 Pandemic

2022-08-16T08:14:41-07:00August 16th, 2022|

Applies to:          All Employers with TX, MS, and LA Employees Effective:             June 15, 2022 Generally, the Worker Adjustment and Retraining Notification (WARN) Act requires employers to give employees advance notice of mass layoffs and plant closures, subject to limited exceptions. In Easom v. U.S. Well Services Inc., the Fifth Circuit Court of Appeals stated that

Seventh Circuit: Discouraging Use of FMLA Leave Can Be a FMLA Interference Violation

2022-08-16T08:14:10-07:00August 16th, 2022|

Applies to:          FMLA Employers with IL, IN, and WI Employees Effective:             June 1, 2022 In Ziccarelli v. Dart, the Seventh Circuit Court of Appeals stated that an employer discouraging an employee from taking FMLA leave without an actual denial of FMLA leave is sufficient to violate FMLA. FMLA states it is unlawful for a covered

Eleventh Circuit: HR Managers Covered by Title VII Anti-Retaliation Protections

2022-08-16T08:13:51-07:00August 16th, 2022|

Applies to:          All Employers with AL, FL, and GA Employees Effective:             June 28, 2022 In Patterson v. Georgia Pacific, LLC, the Eleventh Circuit Court of Appeals stated human resource managers are protected against retaliation under Title VII where the employee opposed a former employer’s unlawful practices. There, an HR manager accused the employer of retaliation

D.C. Circuit: “Objectively Tangible Harm” No Longer Required to Prove Title VII Discrimination

2022-08-16T08:13:27-07:00August 16th, 2022|

Applies to:          All Employers with Employees in the District of Columbia Effective:             June 3, 2022 In Chambers v. District of Columbia, the D.C. Circuit Court of Appeals stated it would no longer require obvious harm, like termination or a reduction in pay, for an employer to be liable for discrimination under Title VII. There, an

California: AB 5 Independent Contractor Rules Apply to Truck Drivers

2022-08-16T08:13:06-07:00August 16th, 2022|

Applies to:          All Employers with CA Employees Effective:             June 30, 2022 Motor carrier leased owner-operators who work in the state of California must now comply with AB 5 when determining whether they are employees or independent contractors. In California Trucking Association, Inc. v. Bonta, the Ninth Circuit Court of Appeals previously said that AB 5

California: CPRA Applies to Employees, Job Applicants, and Independent Contractors

2022-08-16T08:12:43-07:00August 16th, 2022|

Applies to:          All Employers with CA Employees Effective:             January 1, 2023 The California Privacy Protection Agency (CPPA) recently proposed draft regulations to implement the Consumer Privacy Rights Act of 2020 (CPRA). The CPRA itself amended and expanded the California Consumer Privacy Act (CCPA). While the CPPA has only begun its rulemaking process, employers should expect

San Francisco, CA: Caregiving Protections Expanded and New Permanent Emergency Leave

2022-08-16T08:12:05-07:00August 16th, 2022|

Applies to:          Certain Employers with San Francisco Employees Effective:             July 12, 2022 and October 1, 2022 The City of San Francisco and its voters passed two new ordinances aimed at helping employees and their families navigate ongoing issues due to the COVID-19 pandemic and working arrangements. The Family Friendly Workplace Ordinance was amended to expand

San Francisco, CA: Caregiving Protections Expanded and New Permanent Emergency Leave

2022-08-16T08:12:05-07:00August 16th, 2022|

Applies to:          Certain Employers with San Francisco Employees Effective:             July 12, 2022 and October 1, 2022 The City of San Francisco and its voters passed two new ordinances aimed at helping employees and their families navigate ongoing issues due to the COVID-19 pandemic and working arrangements. The Family Friendly Workplace Ordinance was amended to expand

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