With new laws being passed mandating employees to receive the COVID-19 vaccine, many employees and employers have been wondering about exemptions. As previously posted, the Equal Employment Opportunity Commission (EEOC) has only recognized two exemptions: medical and religious. The medical exemption is straightforward and can be determined by documentation from…
Articles Posted in Posts for Employees
COVID-19: Families First Coronavirus Response Act FAQ
The Families First Coronavirus Response Act (FFCRA), which includes the Emergency Paid Sick Leave Act and the Emergency Family and Medical Leave Expansion Act, is a new law passed by the federal government in response to COVID-19 (Coronavirus). The law provides paid sick leave and expanded family and medical leave…
New COVID-19 Employment Laws
The Federal Government has passed urgent legislation in response to COVID-19 (Coronavirus) in order to ease the financial impact on families impacted by the disease. The following are important laws that every employee should know about should they become infected by COVID-19. Paid Sick Time Laws California has been at…
COVID-19 in the Workplace
COVID-19 (Cornoavirus) has shaken the U.S. and World economies. Many businesses are shutting down to stop the spread. This has raised important some important employment law issues. Here are a few frequently asked questions. What is the best practice for employers regarding COVID-19? The Department of Industrial Relations has made…
The Battle for Independence: California and Independent Contractors
As expected, the legal battles over AB5 (California’s Independent Contractor Law) have begun. The American Society of Journalists and Authors and the National Press Photographers Association have filed a lawsuit challenging AB-5 on constitutional grounds (First and Fourteenth Amendment), as the law only allows 35 submissions per year for the…
Employment Law Updates for 2020
Employment law is constantly evolving. Every year, the state of California passes new labor laws that impact the employment relationship. The following are some of the most prominent changes that will take effect on January 1, 2020. AB 5: Independent Contractors AB 5 codifies California Supreme Court’s 2018 decision in…
“Hire a man to do nothing” – California On-Call Pay
In the 1940’s, a soap company in Chicago hired a small crew of firefighters to live on the premises and be available for emergencies. The crew officially worked a nine-hour shift but were also required to sleep in a designated location and respond alarms, if necessary. A legal dispute arose…
Invasion of Privacy in the Workplace
In 1973, the NCAA enacted a rule prohibiting student athlete drug use. Unfortunately, there was no standardized drug test to enforce the rule. At the 1983 Pan American Games in Caracas, Venezuela, several college student athletes tested positive for prohibited drugs, causing great embarrassment for the NCAA and raising questions…
Breaking News: The ABC Test is Retroactive
In April 30, 2018, the world of employment law was shaken by the decision of the California Supreme Court to apply a stricter standard for determining whether a worker was an employee or independent contractor. The new standard, set forth in Dynamex Operations West, Inc. v. Superior Court of Los…
“Ban the Box” – Where Criminal and Employment Law Meet
In the classic novel The Scarlet Letter, author Nathanial Hawthorne depicts the story of a woman who was forced to wear a scarlet letter ‘A’ on her dress so the townspeople could publicly shame her for adultery. The major theme of The Scarlet Letter is the suffering of individuals from…