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What is a “reasonable” leave period under the Americans with Disabilities Act (ADA) and/or the Fair Employment and Housing Act (FEHA)? That is a question public employers face all too often, to their detriment. As an example, let’s review two cases which are the opposite faces of the same disability leave coin. In an ADA case, the employer paid out a...
On February 8, 2022, Governor Gavin Newsom signed Senate Bill 114 which once again authorizes supplemental paid sick leave for employees who work for organizations with more than 25 employees. Retroactive to January 1, 2022, a covered employee is now entitled to supplemental paid sick leave if the covered employee is unable to work or telework due to any of...
On January 13, 2022, in a 6-3 decision, the Supreme Court of the United States (“SCOTUS”), stayed the implementation of the Occupation Health and Safety Administration’s (“OSHA”) Emergency Temporary Standard (“ETS”) regarding COVID-19.As of January 10, 2022, employers with 100 or more employees are required to promulgate COVID-19 policies in the workplace, including requiring an employee to provide proof of...
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On September 30, 2021, Governor Newsom signed “Senate Bill No. 2 Peace officers: certification: civil rights”. Senate Bill No. 2 creates a professional licensing agency for law enforcement personnel similar to other professional licensing boards, in addition to creating new requirements for the hiring process and record keeping. Mandatory POST Certification now operates as a professional license for peace officers....
On December 16, the Occupational Safety and Health Standards Board readopted the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”) for the second time. These updated ETS’s comply with the latest recommendations from the California Department of Public Health, are more in line with the federal OSHA, and take effect on January 14, 2022. What Changed?Definitions Key updates to definitions include amendments to...
On September 27, 2021, Governor Newsom signed SB 278, which adds Government Code section 20164.5 to the statutes. SB 278 requires public employers to reimburse CalPERS and pay substantial penalties when CalPERS deems part of a pension benefit to be unlawful after a member has retired, even if CalPERS had previously approved of the benefit during an audit or MOU...
