This is one of the fastest evolving areas for employers. Legal update: 2020 refresher on Covid-related employment law issues According to the guidance, employers may ask employees if they have had the COVID-19 vaccine and require the vaccine pursuant to U.S. Centers for Disease Control (CDC) or other … The Equal Employment Opportunity Commission (EEOC) released updated guidance on Sept. 8 clarifying that employers can screen workers for … However, an employer should not require employees to report personal travel to any non-affected areas or other forms of travel. To supplement these documents, the EEOC posted a pre-recorded webinar addressing questions arising under any of the Federal Equal Employment Opportunity Laws and the COVID-19 pandemic. Other state and local governments are rapidly enacting COVID-19-specific legislation regarding employers and employees, and employers should stay alert to these changes to the extent possible. The Labor and Employment Law Update is provided for information purposes only, and should not be construed as legal advice on any subject matter, nor should it be construed as creating an attorney client relationship. Additionally, certain employers should inform employees of their right to the paid leave provided under the Families First Coronavirus Response Act (the Act) as well as recently enacted state and local laws expanding paid sick leave. .manual-search-block #edit-actions--2 {order:2;} .h1 {font-family:'Merriweather';font-weight:700;} Home Case Law update COVID-19 Employment Litigation Update. However, new federal legislation provides 10 days of paid leave for eligible employees of covered employers to take for certain COVID-19 related reasons, including for employees who have already exhausted previously-offered paid leave. Do not send confidential information or facts about a legal matter. Coronavirus / COVID Employment Law Updates for California Employers # 24 – EEOC On Mandatory Vaccinations and More. .homepage-news-block > .news-button {display:none;} COVID-19 Employment Litigation Update By Jeffrey M. Schlossberg on November 18, 2020. Employers should seek up to the minute guidance on this issue. As the situation continues to evolve, we will continue to update our guidance as appropriate. Generally no, this is not permissible under the Americans with Disabilities Act (ADA) absent a directive from CDC authorities that employers should take such measures. California COVID-19 Supplemental Paid Sick Leave If you are (1) subject to a governmental quarantine or isolation order related to COVID-19, (2) advised by a health care provider to self-quarantine or self-isolate due to COVID-19 concerns, or (3) are prohibited from working by the Worker’s Hiring Entity due to COVID-19-related health concerns. Whether employees will be able to use employer-provided leaves is generally determined by the specific policies of that employer. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} With any new form of information collection undertaken as part of COVID-19 response efforts, employers should consider legal compliance obligations related to providing employees appropriate notice of the information collection. #block-opa-theme-content > div > div.guidance-search > div.csv-feed.views-data-export-feed {display:none;} An official website of the United States government. Should an employer become aware that an employee has been exposed to COVID-19, as discussed above, the employer may need to take other steps, including sending the employee home and notifying those who were in close contact with the employee of potential exposures without disclosing the employee’s identity. The COVID-19 pandemic continues to present many challenges for the Michigan workplace. Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA), Federal Employee Rights: Paid Sick Leave and Expanded Family and Medical Leave under The Families First Coronavirus Response Act (FFCRA), https://www.opm.gov/policy-data-oversight/covid-19/opm-qa-which-agency-is-responsible-for-enforcing-compliance-with-the-provisions-of-the-emergency-paid-sick-leave-act-epsla-for-federal-employees/, Families First Coronavirus Response Act Notice – Frequently Asked Questions, Temporary enforcement position regarding exempt 13(a)(3) establishments running alternative programming in 2020 because of the COVID-19 pandemic, Employers’ obligation to exercise reasonable diligence in tracking teleworking employees’ hours of work, FFCRA leave based on the closure of summer camps, summer enrichment programs, or other summer programs, When schools that are physically closed are considered in session for purposes of Child Labor, Temporary Non-Enforcement Period Applicable to the Families First Coronavirus Response Act (FFCRA), Centers for Disease Control and Prevention, Severe Storm and Flood Recovery Assistance, Ley Familias Primero de Respuesta al Coronavirus: Derechos del Empleado Sobre Licencia Laboral Pagada (, Ley Familias Primero de Respuesta al Coronavirus: Derechos del Empleador Sobre Licencia Laboral Pagada (, Derechos del Empleado Licencia por Enfermedad Pagada y Expansion de Licencia Familiar y por Enfermedad Bajo Ley Familias Primero de Respuesta al Coronavirus, Derechos del Empleado Federal Licencia por Enfermedad Pagada y Expansion de Licencia Familiar y por Enfermedad Bajo Ley Familias Primero de Respuesta al Coronavirus. Statewide measures are coming as well: the State of California recently announced a “stay at home” order and identified 16 critical infrastructure sectors that will continue to operate during this crisis and the State of Pennsylvania has ordered the physical closure of all “non-life sustaining businesses.” The impact of orders to close a business or for citizens to shelter in place/stay at home will be unique to every business. Copyright © 2020 ALM Media Properties, LLC. Shaw Law Group provides ongoing COVID Employment Law Updates for California Employers. As the threat of COVID-19 grows, employees – particularly those at high risk of developing complications – are more likely to successfully assert their right to refuse to come into work. Media outlets report that some form of a “shelter in place” order may be under consideration for New York City and Chicago. When the … It was updated on March 19, 2020 to address examples and information regarding COVID-19; the new information appears in bold. Generally, employers can ask employees if they believe they have been exposed to COVID-19 as exposure is not a medical condition. Each April, HR professionals must ensure that their organisation complies with the latest round of amended employment laws and deadlines. Employers must continue to tell employees that if they are exhibiting symptoms of COVID-19, they must not come to work or go home (if at work already), and should self-quarantine and call a health care practitioner for additional guidance. Marketa also leads Sidley’s I-9 compliance practice. On September 11, 2020, the U.S. Department of Labor’s Wage and Hour Division (WHD) announced revisions to regulations that implement the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (FFCRA). New Employment Laws To Look Out For In 2021. The Equal Employment Opportunity Commission (EEOC) has represented that the ADA does not prohibit employers from following CDC guidance. Amanda Carrozza. .usa-footer .grid-container {padding-left: 30px!important;} Employers may also want to consider allowing employees to go into the negative in their sick leave bank. As well as dealing with the ongoing impact of coronavirus (Covid-19), important issues for HR in April 2020 include changes to written statements of terms and conditions, the introduction of parental bereavement leave and pay, […] .cd-main-content p, blockquote {margin-bottom:1em;} Over the past few days, cities and counties, such as San Francisco, have issued “Shelter in Place” orders with specific requirements for businesses and with varying degrees of restriction. Where COVID-19-related rumors directed at ethnicities arise, employers should consult their company anti-discrimination and anti-harassment policies and address conduct that violates such policies. The CDC is regularly updating its website, so employers should check periodically for updates. Employees who perform any work — whether in the office or from a remote site or home — are entitled to pay. COVID-19: Employment law update Stevens & Bolton LLP United Kingdom September 1 2020 CJRS – changes from 1 September 2020. Exclusive discounts on BenefitsPRO.com and ALM events. .manual-search ul.usa-list li {max-width:100%;} We note that there are legislative developments in states and municipalities which impact each of these questions. Amanda Carrozza is a freelance writer and editor in New Jersey. We use cookies on our website. On July 28, 2020. If employers obtain any confidential medical information, they will need to keep it confidential. 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