On May 28, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) revised its online publication, What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws, clarifying and building on its prior vaccination guidance (see our prior reporting on that guidance here). Although the EEOC didn’t…
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Understand how CDC’s relaxed mask guidance applies in your state On May 13, 2021, the Centers for Disease Control (CDC) announced that people who are fully vaccinated against COVID-19 (coronavirus) generally don’t need to wear masks or physically distance with a few exceptions, setting off a flurry of compliance questions for employers. Depending…
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Several important developments have recently occurred in Washington state. We're addressing the following topics in this post - find the full articles below. New law creates more pandemic worker protections. On May 11, 2021, Governor Jay Inslee signed ESSB 5115, the Health Emergency Labor Standards Act (HELSA), creating labor standards that automatically take…
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Question: We’re offering workers a bonus if they voluntarily get a COVID-19 vaccination, but some workers say they don’t want to get it because of religious beliefs or disabilities. If we don’t pay those workers the bonus, are we liable for discrimination? Answer: Yes, but by adjusting your incentive plan, you can encourage…
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We recently expanded our model data privacy notice under the California Consumer Privacy Act (CCPA) of 2018 to include vaccination records and disclosures to third parties who have a business need to know the information. See our newly revised Model Form, Notice of Data Privacy for Employees and Applicants, for…
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The American Rescue Plan Act of 2021 (ARPA), the latest COVID-19 relief bill, offers a 100 percent COBRA subsidy and expands eligibility for paid leave tax credits, among other provisions. The bill was signed by President Biden on March 11, 2021. COBRA subsidy: Employees who lose employer-sponsored group health insurance coverage…
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The California Department of Fair Employment and Housing (DFEH) released updated employment guidance related to COVID-19 (coronavirus) on March 4, 2021, including mandatory vaccination policies. DFEH Employment Information on COVID-19 replaces previous guidance issued March 20, 2020 and July 24, 2020. The DFEH says you may implement mandatory COVID-19 vaccination policies…
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Question: Some of our employees have expressed concern about the possibility of a mandatory vaccine policy. What could we do to incentivize our employees to get vaccinated against COVID-19? What legal issues should we worry about? Answer: The Centers for Disease Control and Prevention (CDC) has released a Vaccination Toolkit for…
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The U.S. Equal Employment Opportunity Commission (EEOC) has added a new section to its FAQs on COVID-19 (coronavirus) to address the degree to which employers can require workers to be vaccinated. The publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws,” addresses considerations under the…
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2020 was historic in ways no one expected. As the year ends and COVID-19 fatigue sets in (along with a healthy dose of economic uncertainty, political fights, and social unrest), mental health is becoming one of the biggest challenges facing employees and their employers. Unlike physical injuries, mental illness can…
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