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Tuesday, September 22, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss how employers should prepare for the newly signed family and medical leave law (SB 1383) that expands the California Family Rights Act (CFRA) and takes effect on Jan. 1, 2021. Burden on Employers Many employers may be accustomed to leave laws, such as CFRA and the federal Family and Medical Leave Act (FMLA), that apply to employers who meet a threshold of 50 or more employees. Fifty employees has been considered a magic number because larger employers can b...

When to Record, Report COVID-19 Occurrence in Workplace

Monday, August 24, 2020

(CalChamber) What are the California Department of Occupational Safety and Health (Cal/OSHA) requirements for reporting occurrences of COVID-19 in the workplace? Cal/OSHA has provided guidelines in a question-and-answer format in its Frequently Asked Questions. The reporting requirements are predicated on the same requirements as any other occupational illness: Death Days away from work Restricted work or transfer to another job Medical treatment beyond first aid Loss of consciousness A significant injury or illness diagnosed by a physician or other licensed health care provider Recording Occurrence If the COVID-19 incident results in any of the above conditions, then it is to be recorded on the forms 300, 300A and 301. Federal guidelines stat...

Answering More of Employers' COVID-19-Related FAQs

Thursday, August 13, 2020

(CalChamber) California had begun easing into a phased reopening plan when COVID-19 cases started surging, which caused the state to pause or even roll back its reopening. Employers, who had started reopening and recalling their workforces, have started asking new questions about how to protect their workers while still doing business. The CalChamber Labor Law Helpline continues to receive lots of calls from members related to COVID-19. Here are some of the most frequently asked questions they receive and their answers. Can I require an employee who previously tested positive for COVID-19 to submit a negative COVID-19 test result before returning to work? A...

The Workplace Podcast: COVID-19 Litigation Trends, Takeaways

Monday, August 10, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank talks with employment litigation expert Kristen Nesbit, partner at Fisher Phillips, Los Angeles, about the types of COVID-19-related litigation employers are seeing and what employers can do to protect their business. Types of Claims Filed We are still in the early stages of the pandemic, but employers already are seeing claims being filed against them, Nesbit says. In fact, last month the law firm saw COVID-19-related litigation claims increase 43% from the previous month. The lawsuits, she says, are a hybrid mix of issues, but the to...

California DFEH Updates COVID-19 FAQs

Thursday, July 30, 2020

(CalChamber) On July 24, the California Department of Fair Employment and Housing (DFEH) has updated its COVID-19 guidance. This updated FAQ replaces the previous guidance issued on March 20. Since March, when the pandemic began impacting California, both employers and employees have adjusted and continue to readjust to the evolving rules, guidelines and practices. It’s no surprise that government agencies continue to fine-tune guidance documents as the pandemic evolves, raising unprecedented questions as more employers open their doors and infection rates increase. The newly updated DFEH guidance adds new questions and answers as well as more detailed answers to previously asked questions. Questions addresse...

Tips for Fostering Workplace Diversity

Wednesday, July 01, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber President and CEO Allan Zaremberg and Albertsons Companies Senior Vice President of External Affairs and Chief Diversity Officer Jonathan Mayes discuss the importance of diversity and inclusion in the workplace, and provide best practices to help foster a diverse workforce, which will help the company succeed. Mayes, who also is a member of the CalChamber Board of Directors, tells Zaremberg there are many benefits of employing a diverse and inclusive workforce, and one benefit is that diversity helps businesses be more successful. Research consistently shows that companies which embrace diversity and inclusion outperform thos...

Vacation Policy Factors to Consider During COVID-19 Pandemic

Monday, June 29, 2020

(CalChamber) A consequence of the prolonged shelter-in-place and stay-at-home orders issued as a result of the COVID-19 pandemic is dramatically reduced travel. As a result, during this time many employees are not taking earned vacation time and may not do so for months resulting in the following question from employers: Can we change our vacation policies as a result of the employees not using their time? This is a tricky question. Generally, however, employers do have control over their vacation policies subject to certain rules. Below are some common ways in which an employer may address its vacation policies while staying withi...

Employers Can’t Require COVID-19 Antibody Testing

Wednesday, June 24, 2020

(CalChamber) As California’s economy continues to reopen, and workplaces start allowing employees to re-enter, the U.S. Equal Employment Opportunity Commission (EEOC) recently updated its COVID-19 guidance, stating that employers may not require employees to take COVID-19 antibody testing to return to the workplace. The COVID-19 antibody test (also known as a serology test) screens a person’s blood for antibodies, which the body would have made if it fought the COVID-19 infection. The antibody test doesn’t check for the virus itself — it’s only looking to see if a person’s immune system has responded to the infection. In a newly-added question, the EEOC explain...

Tips for Creating a Return to Work Plan

Wednesday, June 24, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank is joined by employment law experts Bianca Saad and Matthew Roberts to discuss what employers should consider when drafting return to work guidelines. A free CalChamber checklist designed to help employers develop a COVID-19 return-to-work plan is available at https://hrcalifornia.calchamber.com/forms-tools/forms/return-to-work-checklist. Reliable Sources Crafting a return to work checklist can be hard because there is a lot of information and guidance out there, Frank tells listeners. That is why the first sources a business turns to for information should be government websites, such as the U.S. Centers for Disease Control an...

Caveats to Using Virus Monitoring Apps

Monday, June 22, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss the use of COVID-19 symptom monitoring apps, and whether they are effective tools for maintaining a healthy workplace. Numerous phone apps have come on the market that help employers keep track of their employees’ symptoms. Some ask only a few basic questions—such as, “Are you experiencing a cough?”—while others keep track of employees’ temperatures. Given that some counties are asking employers to report the symptoms of their employees, such monitoring apps may provide a streamlined way to provide th...

COVID-19: Monitoring Off-Duty Workers

Wednesday, June 17, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank and employment law expert Jennifer Shaw discuss the obligations employers have if they decide to monitor off-duty employees as a means of reducing the spread of COVID-19 in the workplace. The question of whether employers should monitor the activities of their workers when they are off the clock is a very popular question at the CalChamber Labor Law Helpline at the moment, Frank tells listeners. Employers are under a lot of pressure to reduce the risk of COVID-19 spread and provide a safe workplace fo...

The Workplace Podcast: Remote Harassment Investigation Tips

Tuesday, June 09, 2020

(CalChamber) In this episode of The Workplace podcast, CalChamber Executive Vice President and General Counsel Erika Frank, and employment law expert Jennifer Shaw discuss important takeaways when conducting workplace harassment investigations while employees are working remotely. Even when employees are working remotely, instances of sexual harassment may still arise. Whether it’s displaying explicit content in the background of a video conference call, or accidental displays of nudity or inappropriate attire, the relaxed atmosphere of being at home is pushing the boundaries of what constitutes being “at work.” “…People are forgetting that it’s still the workplace,” Shaw tells Frank. Investigations When instances of harassment arise, some employer...

Required FFCRA Documentation, Recordkeeping for New Federal Paid Leave (COVID-19)

Tuesday, April 07, 2020

The new Families First Coronavirus Response Act (FFCRA) has dominated employers’ attention with its provisions for emergency paid sick leave and expanded family and medical leave for reasons related to COVID-19, also known as coronavirus. The U.S. Department of Labor (DOL) has been trying to answer employers’ questions leading up to April 1, but one issue that remained unclear was the documentation employers should obtain from employees taking leave under the new law. On April 1, 2020, the same day the FFCRA took effect, the DOL issued regulations that specifically addressed the issue. The new FFCRA regulations require employees to provid...

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