P•A•S Associates

DFEH Announces Sexual Harassment Prevention Training Course

As you are aware, Governor Newsom approved Senate Bill 1343, requiring California employers with five (5) or more employees to provide California Harassment Prevention training to all employees. Effective January 1, 2020, each covered employer is required to provide the training and education to each employee once every two years. As part of the statute, …

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As California Starts to Open Up, Many Employers Are Faced with a “New Normal”

Earlier this month, the U.S. Department of Labor (DOL) and the U.S. Department of the Treasury extended several employer-sponsored health plan-related deadlines, including those related to the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) and the Health Insurance Portability and Accountability Act (HIPAA), based on the length of the COVID-19 national emergency. The “Outbreak …

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As Temps Rise, Protect Your Outdoor Workers from Heat Illness

As the first major heat wave of the season sends temperatures across California into the 100s, Cal/OSHA reminds all employers to review high temperature advisories and warnings in effect throughout the week — and to protect their outdoor workers from heat illness while also taking steps to prevent the spread of COVID-19. Heat illness occurs …

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As California Starts to Open Up, Many Employers Are Faced with a “New Normal”

The pandemic has affected all aspects of our life in pretty short order. Now that some restrictions are being eased and Companies are looking to open up again or recall employees back to their work location, they are faced with many decisions that need to be made, new requirements to meet, and possibly an anxious …

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New California FEHA Regulations for Pre-Employment Practices Start July 1

New Fair Employment and Housing Act (FEHA) regulations clarify what pre-employment practices (like job applications, advertisements and pre-employment inquiries) constitute age and religious creed based employment discrimination. The new regulations don’t go into effect until July 1, 2020, but employers should review their pre-employment practices ahead of time, especially as employers may be increasing recruiting …

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Limits to Conducting Background Checks on Job Applicants

My company uses a background check company to conduct background checks on our applicants. Recently, I received a report that included a felony conviction from 1995. I thought there was a limit on how far back we could look for criminal convictions. Can I consider this conviction in making my hiring decision? There are both …

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Workers’ Compensation Benefits Extended for COVID-19

Yesterday, Governor Gavin Newsom signed Executive Order N-62-20, extending workers’ compensation benefits to employees who contract COVID-19 while working outside of their homes during California’s stay-at-home order. The order is retroactive to March 19, 2020, and extends through July 5, 2020. As California’s gradual reopening begins to enter Phase 2, the executive order extends workers’ …

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Telework During Pandemic Could Affect Future Remote Work Requests

If an employer allows employees to telework during the COVID-19 pandemic, will the employer have to allow them to continue teleworking after the California shelter-in-place order is lifted? For disabled employees, would an employer have to automatically grant telework as a reasonable accommodation if the employees wish to continue the arrangement after the pandemic is …

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Updated Form I-9 Handbook for Employers

The U.S. Citizenship and Immigration Services (USCIS) has updated its guidance manual, Handbook for Employers, Guidance for Completing the Form I-9 (M-274). This useful manual provides employers with detailed instructions on completing the Form I-9. The revised handbook version is dated 4/27/2020. The updated manual reflects revisions to the Form I-9. As previously reported, the …

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Reasonable Accommodations During the COVID-19 Pandemic

How have the interactive process and reasonable accommodations for disabilities changed due to COVID-19? As COVID-19 changes the employment law landscape, government agencies continue to provide guidance on many commonplace compliance issues that are now causing confusion for employers. Recently, the U.S. Equal Employment Opportunity Commission (EEOC) revised its COVID-19 guidance for employers responding to …

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