The laws protecting employers with immunity from liability apply … On Wednesday, December 16, 2020, the Equal Employment Opportunity Commission started to answer some of the emerging questions with an update to its “What You Should Know…” about COVID-19 website. Quick Tip: How much paid leave can employees take? Join our online community; Stay in touch and follow us on Twitter, Facebook and Instagram. With people at the heart of the crisis read our guide for employers on the key issues here. If employers obtain any confidential medical information, they will need to keep it confidential. The CDC has released a risk-assessment for individuals who have been exposed to or are experiencing symptoms of COVID-19 which can be shared with impacted employees and could aid the employer in determining which employees should be sent home. Employers can and should continue to tell employees that if they have a cough, fever, runny nose or other cold or flu-like symptoms, they should stay at home and not risk exposing others to illness. Employers should exercise care in doing so, as employers will want to avoid claims that any employee was subject to discrimination or retaliation based on an employer’s knowledge of such exposure and other laws may require steps in advance to ensure appropriate notice to employees. This is a FREE!!! A wrap of some of the main workplace responsibilities for HR arising out of the pandemic and a look forward to the issues that may shape Hong Kong employment law in 2021. This program will provide an overview regarding the major legal issues confronting employers due to COVID-19. ol{list-style-type: decimal;} For example, for some counties, the CDC has recommended daily health screenings. Dealing with COVID-19's massive impact on employers, employee benefits, 401(k) and pension plans, health insurance, and more. Check the CDC website before taking any such action. It remains unseen how this will play out in the context of Shelter in Place orders, or if additional states will follow California’s lead (see this Sidley Update) and announce that COVID-19 related layoffs will not trigger full state WARN protections. Read the revised rule, which will take effect on September 16, 2020. "Under the law, an employer can force an employee to get vaccinated, and if … We appreciate that individual employers communicate differently with their employees. At a minimum, it is important to be transparent with employees about plans for addressing COVID-19 risks. Amanda Carrozza. The legislation will ensure that workers are not forced to choose between their paychecks and the public health measures needed to combat the virus, while at the same time reimbursing businesses. Please see our Sidley Update on the Northern California Shelter in Place orders, and contact a member of the Sidley team for additional guidance. Kate Roberts is the co-chair of Sidley’s Labor, Employment and Immigration group and a partner in Sidley’s Los Angeles office. Interesting claims have started to emerge nearly 10 months into the COVID-19 pandemic as the number of COVID-19-related employment complaints filed approaches 1,000. For more information, see www.dol.gov/agencies/whd/ffcra. Because of these frequent developments, and the need to adapt the general guidance below to specific circumstances, employers should consult counsel regarding specific circumstances. If they have not already, employers should inform their employees about the symptoms of COVID-19, based on guidance from public health officials, and tell employees that they should not come to work if they have any of these symptoms (at least that are not explained by some other condition, such as a runny nose due to seasonal allergies). Compiled for business owners and employers by top attorneys. 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. Shaw Law Group provides ongoing COVID Employment Law Updates for California Employers. Kate Heinzelman is a member of Sidley’s Privacy and Cybersecurity, Healthcare and Commercial Litigation groups. 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. In follow-up to our previous blog regarding mandating the COVID-19 vaccine in the workplace, the U.S. 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. Employers should be especially careful with exempt employees, who must be paid their salary for the entire workweek if they do any work during the workweek. In addition, HB 6031 amends the Michigan Occupational Safety and Health Act and affords liability protection to employers for an employee’s exposure to COVID-19, as long as the employer operated in compliance all federal, state and local statutes, rules, regulations, executive orders, and agency orders related to COVID-19. New Employment Laws To Look Out For In 2021. We keep track of the latest employment law changes so you don't have to. div#block-eoguidanceviewheader .dol-alerts p {padding: 0;margin: 0;} At this time, U.S. In cities such as Chicago, employees have a public health mandate to refuse to come to work if they display any symptoms of COVID-19. This option is only available to employers that have instituted remote work arrangements. 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. An official website of the United States government. Coronavirus / COVID Employment Law Updates for California Employers # 21 – AB 1867 Update. It is important to keep informed. [CDATA[/* >*/. In all states and the District of Columbia, an employer may inquire if an employee has traveled to any locations identified by the CDC as a Level 3 risk area. Chat to COVA, our COVID-19 Virtual Assistant, using the purple icon in the bottom right corner of this page. Employment Law Update: Do’s And Don’ts For Employers On Mandating COVID-19 Vaccinations Jemi Goulian Lucey , Maja Obradovic Greenbaum, Rowe, Smith & Davis LLP Paid Sick Leave #views-exposed-form-manual-cloud-search-manual-cloud-search-results .form-actions{display:block;flex:1;} #tfa-entry-form .form-actions {justify-content:flex-start;} #node-agency-pages-layout-builder-form .form-actions {display:block;} #tfa-entry-form input {height:55px;} This section includes articles on how to handle the emergency from the employment law perspective and regular updates on new related legal provisions (contents are in Italian). Yes. Under California law, employers cannot require quarantined employees to use paid sick leave, but employees may choose to do so. The COVID-19 pandemic continues to present many challenges for the Michigan workplace. On April 1, 2020, the U.S. Department of Labor announced new action regarding how American workers and employers will benefit from the protections and relief offered by the Emergency Paid Sick Leave Act and Emergency Family and Medical Leave Expansion Act, both part of the Families First Coronavirus Response Act (FFCRA). The U.S. These options may or may not be feasible for employers depending on the nature of their business. Practically speaking, even if certification is allowed, doctors and other healthcare practitioners may be too busy to provide it, and public health officials in some states and the CDC have asked employers to relax their policies on this issue. Equal Opportunity Employment Commission (EEOC) issued guidance for employers on handling requests for accommodations related to the novel coronavirus, such as in cases where employees are reluctant to return to work because they are at higher risk for severe illness caused by COVID … Marketa also leads Sidley’s I-9 compliance practice. In some states, wage and hour laws may be implicated where employees who report to work are sent home. In localities such as Chicago, employees are required by public health order to remain home if they display any symptoms of COVID-19. COVID-19 Employment Law Updates. Employers must exercise care with respect to any such temperature readings because those are considered medical records and there are legal restrictions that go along with such records. Employees who perform any work — whether in the office or from a remote site or home — are entitled to pay. By D. Gregory Valenza | | by D. 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