FRIDAY FLURRY: UPDATES ON NEWS FROM THIS WEEK

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HEALTH CHECKS AND COMPENSABLE TIME: TIME IS MONEY By: P. Elizabeth Helms The Equal Employment Opportunity Commission (“EEOC”) has issued guidance on performing employee health checks specifically in response to the COVID-19 pandemic.  You may read that guidance here.  This guidance provides recommendations as to how and when an employer may opt to take an […]

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SBA Provides Safe Harbor Guidance for Some PPP Loan Recipients

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The application for any Paycheck Protection Program (PPP) loan includes a certification by the borrower that “the current economic uncertainty makes this loan request necessary to support the ongoing operations of the Applicant.” Most borrowers make this certification without a second thought. Afterall, the COVID-19 virus and governmental responses have increased the uncertainty of managing […]

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A Perfect Storm of Liability: One Employee’s Discrimination and Retaliation Claim Costs T-Mobile $2.5 Million in Damages

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On April 29, 2020, the California Court of Appeal issued a sobering decision in Stephen Colucci v. T-Mobile USA, Inc., demonstrating once again how important it is to properly respond to employee harassment and discrimination claims and to take steps to avoid potential retaliation claims.  A jury in San Bernardino County awarded the plaintiff, a […]

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Favorable Opinion for Employer Under Fire!

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In an ongoing battle in the courts to define whether or not a compensation system for agricultural workers is a piece-rate system or an hourly plus bonus system, the California Supreme Court today has now been called on to review the previous decision of the Court of Appeal which had been favorable to employers. See […]

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ALERT: Gov. Newsom issues Executive Order Extending Deadlines Impacted by

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On Friday, Governor Gavin Newsom issued Executive Order N-63-20, which extends certain procedural deadlines affecting employers due to the impact of the COVID-19 pandemic. Any of the following deadlines that normally would have fallen within 60 days of the date of the Order (i.e., between May 8, 2020 and July 7, 2020) are extended by […]

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ALERT: Executive Order Creates Presumption for Covid-19 Workers’ Compensation Claims

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On Wednesday, May 6, 2020, Governor Gavin Newsom signed Executive Order N-62-20, which will make it easier for employees who contract COVID-19 during a specific time period to obtain workers’ compensation benefits. The Order establishes that employees working outside the home who test positive for COVID-19, are presumed, for purposes of workers’ compensation, to have […]

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Sloppy Contract Language Can Lead to Costly Litigation with Unions

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The Ninth Circuit issued a decision last week that demonstrates just how important it is to have clear contract language in all agreements entered into with a union. Sloppy drafting can lead, at best, to years of costly litigation just to determine what a contract says and, at worst, the opposite result of what an […]

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EEOC Partially Pulls Accommodation Guidance Issued 5/5

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The EEOC pulled some of its guidance on accommodating workers with medical conditions published 5/5 (cited in our e-blast from yesterday). The remaining published sections of the guidance are available here. This shift again highlights how difficult this process is to navigate for employers, and how critical it is to consult legal counsel. By: Rebecca Hause-Schultz

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EEOC Updates “What You Should Know About COVID-19 and the ADA”

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On May 5, 2020, the EEOC published updates to its “What You Should Know” article about COVID-19, including important guidance for employers regarding employees with medical conditions placing them at higher risk for severe illness if they get COVID-19. The Updates are available here.  Employers are advised that knowing an employee has a medical condition […]

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