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Jun 04 2020
COVID-19CaliforniaSafety and Health

CALIFORNIA: CCPA notice should include medical information

If you’re conducting pre-shift health screenings as part of your COVID-19 (coronavirus) prevention efforts, be sure you understand how gathering medical information could implicate the California Consumer Protection Act (CCPA). As we previously reported, the CCPA took effect on January 1, 2020, and requires certain employers to provide disclosures to applicants, employees, and contractors who…

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Jun 04 2020
COVID-19Washington

WASHINGTON: Wage garnishments for consumer debt back in force

The temporary moratorium on garnishment of wages for consumer debts imposed by Washington Governor Jay Inslee's Proclamation 20-49 ended on May 27, 2020, at 11:59 p.m. Employers should again withhold under writs of garnishment for consumer debt beginning with wages earned on May 28, 2020. As we previously reported, the governor issued the temporary moratorium…

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Jun 04 2020
COVID-19DisabilitySafety and Health

WASHINGTON: Rules change on reopening and face coverings

On May 31, 2020, Washington Governor Jay Inslee issued Proclamation 20-25.4, Safe Start – Stay Healthy, which moves the state forward in reopening recreational, social, and business activities. The proclamation transitions the state from the original Stay Home – Stay Healthy order to a county-by-county phased reopening plan. The plan isn’t entirely new—phased reopening was…

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Jun 04 2020
COVID-19CaliforniaLeave Laws

CALIFORNIA: Oakland and Long Beach expand paid sick leave

Following the trend in cities across California, Oakland and Long Beach are the latest to adopt supplemental emergency paid sick leave (EPSL) ordinances related to COVID-19 (coronavirus), with both laws effective immediately. We previously reported that San Francisco, San Jose, Los Angeles, and Los Angeles County recently passed ordinances providing similar EPSL and that California…

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May 21 2020
COVID-19Safety and HealthWashington

WASHINGTON: Governor issues Phase 2 construction requirements

On May 15, 2020, Governor Jay Inslee’s office issued guidance for construction activity in counties that have entered Phase 2 of Washington’s reopening. The memo permits all construction to resume in Phase 2 counties, as long as employers and workers can meet all the criteria listed in the Phase 2 Construction COVID-19 Job Site Requirements….

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May 21 2020
Immigration

New Form I-9 Handbook for Employers released

The U.S. Citizenship and Immigration Services (USCIS) has released a new version of its Handbook for Employers: Guidance for Completing Form I-9 (publication M-274, revised 4/27/2020). The new Handbook for Employers highlights several updates based on the recently revised Form I-9. It also contains revised guidance, new content, clarifications, and stylistic changes. See the Table of…

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May 21 2020
COVID-19

Work with experts to comply with evolving CMV requirements

As employers with commercial motor vehicle (CMV) operations face a web of federal and state actions related to COVID-19 (coronavirus), working with subject matter experts is key. At the federal level, the Federal Motor Carrier Safety Administration (FMCSA), an agency within the U.S. Department of Transportation (DOT), continues to stay busy issuing orders and waivers…

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May 21 2020
COVID-19Leave Laws

Q&A: Decide how to handle holiday pay during FFCRA leave

Question: We have a full-time employee who’s currently on paid leave under the Families First Coronavirus Response Act (FFCRA) because his young child’s school has been closed due to COVID-19. Our policy says that in order to receive holiday pay, you must work the day before and the day after the holiday. Do we owe…

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May 21 2020
COVID-19Leave Laws

Q&A: Dropping below 50 employees impacts FMLA calculations

Question: Due to the recent economic downturn related to COVID-19 (coronavirus), we temporarily laid off a number of employees. Do we count them for purposes of determining if we’re a covered employer (with at least 50 employees) under the federal Family and Medical Leave Act (FMLA)? If we drop below 50 employees, does this mean…

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May 21 2020
COVID-19Oregon

OREGON: State supreme court keeps governor’s orders intact for now

Late on May 18, 2020, the Oregon Supreme Court issued an order that upholds Governor Kate Brown’s executive orders related to COVID-19 (coronavirus) until the court hears a legal challenge to their validity. Earlier that day, a state circuit court judge in Baker County temporarily invalidated the governor’s statewide orders. Oregon was in its first…

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May 21 2020
COVID-19Wage and HourWashington

WASHINGTON: Garnishment moratorium extended

On May 15, 2020, Governor Jay Inslee announced that the Washington Legislature agreed to extend the temporary moratorium on garnishment for consumer debts that was imposed by the governor’s Proclamation 20-49. The original proclamation expired on May 14, 2020, but the revised version (Proclamation 20-49.1) extends the moratorium until 11:59 p.m. on May 21, 2020….

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May 21 2020
COVID-19Safety and HealthWashington

WASHINGTON: Use Vigilant policy for COVID-19 manufacturer safety

Vigilant has developed a model policy to help comply with Washington’s Phase 2 requirements for manufacturing employers to continue or reopen operations, which we reported on in our last newsletter. Under Washington’s Phase 2 manufacturing requirements, each manufacturing facility is required to create a written exposure control plan for COVID-19 (coronavirus) that addresses those requirements….

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