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Allergy Claim Triggers Need for Interactive Evaluation of Options

We have an employee who is claiming she’s allergic to various things in the office, but quite honestly, she has been trying to work from home for months, so we’re a little dubious (she’s claiming she’s allergic to some strange things). What should we do? When an employee comes to an employer claiming allergies to …

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How Part-Time Return to Work Affects Employee’s UI Benefits

My employee has been on furlough and collecting unemployment insurance (UI). If I bring her back to work part time, what is the maximum number of hours she can work before she loses her UI benefits? Rather than looking at the number of hours worked, California adjusts UI benefits based on what the employee’s earnings …

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Employer Tips for Remote Workers Moving Away

The COVID-19 pandemic has upended the way employers do business, including remote working arrangements that were forced upon many employers and employees in an effort to limit the spread of the disease. Initially viewed as temporary with a limited duration, remote working is still going strong after six months for many office-based employees with no …

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When to Record, Report COVID-19 Occurrence in Workplace

What are the California Division 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 (FAQ). The reporting requirements are predicated on the same requirements as any other occupational illness: Death Days away from work. Restricted work …

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Workers’ Comp Coverage Immediately Expanded for COVID-19 Infections

On September 17, 2020, Governor Newsom signed SB 1159, which goes into effect immediately, expanding workers’ compensation coverage for employees who contract COVID-19 through the year 2022. As previously reported, in May, Governor Newsom issued a workers’ compensation executive order that created a rebuttable presumption that workers who contracted COVID-19 while working outside of their …

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California Governor Immediately Expands Supplemental COVID-19 Paid Sick Leave

On September 9, 2020, Governor Newsom signed AB 1867, a bill that immediately expands supplemental paid sick leave for COVID-19-related reasons for certain employers not already covered by existing leaves. Early in the pandemic, there was talk of creating more COVID-19-related paid leave requirements to fill the “gaps” left by the Families First Coronavirus Response …

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FFCRA Back-To-School Questions Answered

Last week, the U.S. Department of Labor (DOL) clarified how the Families First Coronavirus Response Act’s (FFCRA) leave provisions apply to certain school closure scenarios. To briefly recap, the FFCRA provides both emergency paid sick leave and expanded family and medical leave for employees who are unable to work or telework because they need to …

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California Consumer Privacy Act (CCPA) Regulations In Effect

Passed in 2018 — and effective on January 1, 2020 — the California Consumer Privacy Act (CCPA) alters the way many for-profit businesses must operate. Generally, the CCPA provides California consumers rights over how and whether the personal data they provide to businesses is collected, retained and sold. Employers can now refer to recently approved …

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Opioid Use in the Workplace Guidance Released

In non-COVID-19-related news, last week, the Equal Employment Opportunity Commission (EEOC) released technical guidance on managing opioid addiction in the workplace. As opioid use and abuse increases nationally, the unique challenges these issues present in the workplace prompted this guidance. The guidance, which includes a Q&A on employee opioid use, fills in some gaps about …

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Safe Reopening for Workers, Employers’ FAQs Answered

On July 28, 2020, the California Department of Industrial Relations (DIR) issued guidance, “Safe Reopening FAQs for Workers and Employers,” addressing a number of workplace-related issues as employers and employees continue to navigate through the COVID-19 pandemic. The guidance comes in the form of 16 frequently asked questions and is broken down into several topics. …

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