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HR WEEKLY TIP

Updated EEOC COVID-19 Guidance Confirms Employee Vaccine Incentives   On May 28, 2021, the Equal Employment Opportunity Commission (EEOC) updated its COVID-19 guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” to address several vaccine-related topics, such as vaccine incentives, vaccine mandates, the Americans with Disabilities Act …

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IRS Answers Questions About ARPA’s COBRA Subsidy

Several weeks after the American Rescue Plan Act (ARPA) provided temporary Consolidated Omnibus Budget Reconciliation Act (COBRA) subsidies to eligible individuals, the IRS has issued a lengthy 40-page FAQ answering many employers’ lingering questions on how the subsidy works. As previously reported, the ARPA provides for 100 percent premium subsidies for health insurance continuation under …

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Retroactive COVID Paid Sick Leave Due When Employee Requests It

I have a business with approximately 40 employees, and I just read something that said California passed a law making COVID sick leave retroactive to January 1 of this year. Is that true? Do I need to go through all my employees’ absence records and pay out this sick leave to employees who were absent …

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What to Do When an Employee Complains About ‘Discrimination’

An employee complained to me that a coworker frequently yells at the employee for parking in the wrong spot and says that the coworker is “discriminating” against him by yelling at him. What, if anything, do I need to do to address this complaint? Employee workplace complaints are not a new phenomenon and very frequently …

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AB 5 Injunction Overturned

Once upon a (pre-pandemic) time, one of employers’ most pressing concerns was the independent contractor law (also known as AB 5) that took effect in 2020, codifying the California Supreme Court’s strict “ABC” test for classifying workers as either employees or independent contractors. Though the COVID-19 pandemic largely overshadowed AB 5 (and everything else), worker …

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Court Ruling on CalSavers Means Employers of 50> Face Deadline

What is the status of the legal challenge to the CalSavers program? Do employers still need to register? The Howard Jarvis Taxpayers Association (HJTA) and two of its employees filed an action against the CalSavers Retirement Savings Program (CalSavers) (HJTA v. Cal. Secure Choice (9th Cir. 20-15591)), alleging that the federal Employee Retirement Income Security …

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Employers Must Still Follow Cal/OSHA COVID-19 Standards Despite Vaccinations

As California marches towards its June 15 reopening date, nearly half of its population has received a COVID-19 vaccination at this point. Many employers see the increased vaccine eligibility and supply as providing the opportunity to return employees to the workplace in some capacity. Complicating the issue is continually revised government guidelines from agencies such …

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Spread the Word About the Dangers of Distracted Driving

As employees begin returning to the office, many will start commuting again — and as employees spend more time in the car, they may try to save time by also eating, applying makeup, drinking coffee and more. Distracted Driving Awareness Month is a chance for employers to spread the word about the dangers of multi-tasking …

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American Rescue Plan Act COBRA Subsidy Model Notices, Guidance

Among the American Rescue Plan Act’s many provisions, it provides for 100 percent premium subsidies for health insurance continuation under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) for certain individuals who elect COBRA continuation coverage between April 1, 2021, and September 30, 2021. The U.S. Department of Labor (DOL) recently issued implementing guidance for …

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