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Addressing Age Discrimination in Employment

Ageism in employment — a bias against workers 40 years of age and older — is experienced more during the job search process than in the workplace, according to a recent survey of U.S. professionals over 40. The Experience Matters: Ageism & Work report by WerkLabs, a division of job marketplace The Mom Project, also revealed that …

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Employers Not Required to Provide Holiday Pay for Federal Holidays

Now that Juneteenth (June 19) has become a federal holiday, are we required to provide holiday pay to our employees for that day? When President Joe Biden signed the Juneteenth National Independence Day Act on June 17, 2021, creating the Juneteenth National Independence Day to be celebrated on June 19 every year, it created the …

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EEOC’s Resources on Sexual Orientation, Gender Identity Workplace Rights

It’s been slightly over one year since the U.S. Supreme Court issued a long-awaited ruling that any employment decision based, at least in part, on a person’s sexual orientation or gender identity constitutes unlawful discrimination under Title VII of the Civil Rights Act of 1964 (Bostock v. Clayton County, Georgia, 140 S. Ct. 1731 (June 15, 2020)). …

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Don’t Deny Vacation Due to Recent Use of COVID Sick Leave

My employee used most of her COVID-19 Supplemental Paid Sick Leave over the last couple of weeks. Now she wants to take a week’s vacation. Can I deny the vacation request since several other employees in that department, who have been working lots of extra hours to cover her missed shifts, also want to take …

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Employees Are Ready for Summer Vacations

During the pandemic, employees have been working extra hours, not only during normal workdays but also on holidays, and they now may be suffering from burnout — a state of emotional, physical and mental exhaustion caused by excessive and prolonged stress. Good  news, though! As workplaces and businesses are reopening, employees are ready to use …

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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 (ADA) reasonable accommodations for vaccine exemptions and more. Here’s …

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Once More, With Feeling: Cal/OSHA Withdraws Changes to COVID-19 Emergency Standard, Will Try Again

During an emergency meeting of the Occupational Safety and Health Standards Board (OSHSB) on June 9, 2021, the OSHSB withdrew their proposed revisions to California’s COVID-19 Emergency Temporary Standard and will consider another round of revisions in the very near future. This means that, while the state moves “Beyond the Blueprint” on June 15, California …

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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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