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A Guide for Employers Considering A Mandatory Flu Vaccination Policy (US)

As if 2020 hasn’t already presented more than its fair share of challenges, flu season is now rapidly approaching. Combined with the still ongoing COVID-19 pandemic, employers are more concerned than ever before with ensuring that their employees stay healthy and productive. As a result, many employers are weighing the pros and cons of encouraging, … Continue Reading

California’s COVID-19 Sick Leave: Expanded and Articulated (US)

AB 1867 was signed into law by Governor Newsom on September 9, 2020. The purpose of the bill is to eliminate gaps in coverage so that many more employee have access to paid sick days if they are exposed to or test positive for COVID-19 in 2020. This means that the new law applies to … Continue Reading

Dealing with health and safety fears of returning to the workplace (UK)

So now that the slow movement back to workplaces has started, the next hot question will be this: “If I don’t want to go back in because I fear infection if I do, can my employer make me?” The short and absolutely definitively answer to this is no.  And yes. It cannot compel you to … Continue Reading

California Governor’s Order Creates Workers’ Compensation Presumption For COVID-19 Diagnosis (US)

As California employers prepare for the gradual re-opening of business, they must now take into consideration Governor Gavin Newsom’s Executive Order N-62-20 executed on May 6, 2020, making any COVID-19 infection diagnosed within two weeks of an individual working outside of their home presumptively work-related. This has the effect for employers of reversing the burden … Continue Reading

EEOC Offers Employers Post-COVID-19 Return-to-Work Pointers (US)

Since early in the pandemic, the EEOC has been maintaining a Technical Assistance Questions and Answers page, which it updates from time to time. As employers’ attention turns to life after COVID-19 and planning for our return to the workplace, on April 17, the EEOC updated its COVID-19 pandemic informal guidance to address the challenges … Continue Reading

Coronavirus Disease 2019 (COVID-19) – Legal Issues in the US

Although the coronavirus disease 2019 (COVID-19), commonly referred to as the “coronavirus,” remains a developing situation, it has begun affecting the US in major ways.  With cases now reported throughout the US, every organization should have a plan of action in place concerning the coronavirus.  Although every business faces unique considerations, a cross-disciplinary team of … Continue Reading

Pandemic or Pandemonium? Employers Brace for the Coronavirus (US)

You can’t escape the panic spreading through mass and social media regarding the 2020 Wuhan Novel Coronavirus, a virus that has resulted in fatalities in China and infected thousands worldwide. Symptoms mimic that of influenza (fever, cough), but can include difficulty breathing, pneumonia, kidney failure, and death in severe cases. Despite the panic, there are … Continue Reading

Are Employers Going to be Required to Accommodate Medical Marijuana Use?

State-registered medical cannabis patients may now sue a private employer for discrimination under Massachusetts’ law if they are fired for their off-the-job marijuana use, according to landmark ruling issued July 17, 2017, by the Massachusetts Supreme Judicial Court. Citing the Massachusetts Medical Marijuana Act, the court states that patients shall not be denied “any right … Continue Reading

New Acas guidance on holiday pay and accrual during sickness

The Acas National Newsletter for June, out earlier this week, contains some slightly updated advice on the eternal question of how you calculate holiday pay, plus an existential poser on the relationship between sickness and holiday accrual. On the holiday pay front, there remains no steer as to how commission or overtime earnings should be … Continue Reading

Dismissing for long-term sickness – when is enough enough?

Legally-speaking O’Brien – v – Bolton St Catherine’s Academy as reported last week is mostly about how much overlap there is between fairness for unfair dismissal purposes and justification in disability discrimination terms (in brief, very substantial).  It is also a fine illustration of how hard it is to overturn an Employment Tribunal judgement on … Continue Reading

Arizona Voters Approve Paid Sick Leave for Employees and Minimum Wage Increase

The election results are in, and President-elect Donald Trump’s victory over Secretary Hillary Clinton has the nation abuzz and undoubtedly will for the foreseeable future.  However, the Presidential race was not the only notable race or measure on the ballot.  Although the dust hasn’t quite settled from last night’s historic vote, there a number of … Continue Reading

State Law Roundup: Illinois’ New Leave Laws and Non-compete Warning; Sick Leave Comes to Berkeley and St. Paul

Illinois passes two new leave laws; bars non-compete agreements for low wage workers. First, the Child Bereavement Leave Act, which became effective July 29, 2016, requires Illinois employers with 50 or more employees to grant up to two weeks (10 days) of unpaid leave to eligible employees who have lost a child (and 6 weeks … Continue Reading

Recent redundancy exercises – learning points for HR, part 5

Dealing with employee absences and grievances in redundancy consultation You’ve delivered the at risk letter and sent the employee home on pay pending the formal consultation meeting. As an HR professional it is possible that your faith in human nature has become a little corroded over time, so you are not completely surprised when what … Continue Reading

Time Off as an ADA Accommodation? You Better Be-Leave It!

Many employers maintain policies that restrict the amount of time an employee can take off from work, or that prohibit employees who are ineligible for leave under the Family and Medical Leave Act to take time off from work at all even when ill or injured.  But a new resource document issued by the EEOC … Continue Reading

Sick Leave and Minimum Wage Update: Oregon, Vermont, Santa Monica

Yesterday, Oregon Governor Kate Brown signed into law legislation that increases that state’s minimum wage from $9.25 to up to $14.75 by 2022, the highest of any state.  The first increases go into effect on July 1, 2016.  Under SB 1532 [PDF], minimum wage rates vary based upon the employer’s location, as set forth in … Continue Reading

DOL Issues Proposed Rule Implementing Executive Order on Paid Sick Leave For Federal Contractors

The Department of Labor (DOL) has announced a Proposed Rule [pdf] to implement Executive Order 13706, Establishing Paid Sick Leave for federal contractors.  As we previously reported, under that Order, beginning January 1, 2017 federal contractors and subcontractors must grant each employee working under covered contracts (or covered subcontracts) one hour of paid sick leave … Continue Reading

New York State and City Employment Law Update

The beginning of 2016 is a busy year for New York employers.  Both the state and New York City have enacted a variety of laws expanding protections for employees.  Employers need to review their policies to ensure they are in compliance. NEW YORK STATE Effective January 19, 2016, the New York State Human Rights Law … Continue Reading

Year-end State Law Roundup: Minimum Wage Increases and the latest on Sick Leave Laws

As 2015 draws to a close, our final state law round-up will provide information about minimum wage increases taking effect in 2016, some recent developments on the local sick leave law front, and other issues to take note of heading into 2016. 2016 State and Local Minimum Wage Rates With the federal minimum wage still … Continue Reading

Breaking News: Executive Order Establishing Paid Sick Leave For Federal Contractors

Yesterday (September 7, 2015), while most workers were celebrating Labor Day, President Obama signed an Executive Order mandating that private employers doing business with the federal government provide paid sick leave to those employees working under federal contracts.  Under the Order, beginning January 1, 2017, all federal contractors and subcontractors must agree to grant each … Continue Reading

California Alert: Governor signs amendments to new paid sick leave law – changes effective immediately

California employers, take note.  Emergency legislation amending and clarifying certain provisions of the recently-effective Healthy Workplaces, Healthy Families Act was signed into law Monday (July 13) by Governor Brown, and went into effect immediately.  Among other changes, AB 304 amends the Act as follows: Regarding accrual of sick leave: Provides that an employer may use … Continue Reading
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