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Articles by Andrea R. Calem
California’s COVID Right-to-Recall Law Unites Patchwork of Local Ordinances
Monday, May 3, 2021 On April 16, 2021, Governor Newsom approved S.B. 93, a statewide COVID right-to-recall law that faltered on its first attempt last October. In the interim, a number of counties and cities (including the Cities of Los Angeles, Oakland, San Francisco, San Diego, and Pasadena, and Los Angeles County) passed almost identical measures, which will remain in effect to the extent they are more generous than the state law.
California Bill Proposes To Require Employer-Subsidized Backup Childcare Benefits
February 26, 2021 McDermottPlus Check-Up: February 26, 2021 by: McDermott Will & Emery Reducing the Flood of Changes—EPA Issues a More Tempered Final 2021... by: Richard S. Davis and Karen M. Hansen New Jersey Adult-Use Recreational Cannabis Laws Provide Business... by: Jason K. Gross Trade Dress Claims Involving Food Design and Packaging by: David H. Siegel Wisconsin Passes COVID-19 Civil Liability Exemption for Employers by: Brian J. Christensen Hydro Newsletter - Volume 8, Issue 3 by: Tyson C.
EEOC’s Proposed New Procedures May Enhance Value of Conciliation
October 13, 2020 NSET Subcommittee Seeks Input on 2021 NNI Strategic Plan by: Lynn L. Bergeson and Carla N. Hutton SEC Joint Statement on Form CRS and New FAQs & Upcoming Roundtable by: James G. Lundy and Sandra Dawn Grannum The Carrot and the Stick: California Becomes First State in the... by: Jonathan S. Sack SBA Fast-tracks Forgiveness for the Smallest PPP Borrowers by: James P. Greifzu CFTC Record Enforcement Year and Director Departure by: Nicholas A.J. Wendland and Sophie H.
EEOC’s Proposed New Procedures May Enhance Value of Conciliation
A proposed rule published by the Equal Employment Opportunity Commission (“EEOC”) on October 9, 2020 (the “Proposed Rule”) offers the possibility of expanded information-sharing with respondents/employers in connection with the agency’s conciliation efforts. The proposed expanded disclosures may enhance the value of conciliation to those parties.
California Legislature Tackles COVID Workers Compensation Presumptions
August 19, 2020 Interactive Brokers LLC Submits to SEC, FINRA, and CFTC Penalties... by: Pete S. Michaels and Michael E. Pastore Federal District Court Expands Employee Paid Leave Rights Under FFCRA by: Labor, Employment, Benefits + Immigration PTAB’s Motion to Amend Pilot Program: Review of Initial Results by: Stephen B. Maebius and Jason N. Mock Driving the Deal: Public Hospital M&A and Stakeholder Buy-In [... by: Megan R. Rooney Second Circuit Limits Scope of Injunction on Public Charge Rule to...
California Legislature Tackles COVID Workers Compensation Presumptions
Three bills currently pending in the California legislature aim to codify presumptions for workers compensation purposes about the work-relatedness of COVID-19. Governor Newsom first addressed this issue in his May 6, 2020 Executive Order No. N-62-20 (“EO 62-20”), which expired on July 5, 2020.
Department of Labor Clarifies Entitlement to Additional $600 in Partial Unemployment Context
May 15, 2020 Part One: To Pay, or Not to Pay (Rent) – California Landlord-Tenant... by: Antony Nash and Gabriel Schnitzler What GHG Emissions Must FERC Analyze When Approving Oil and Gas... by: Alexander J. Bandza Department of Labor Clarifies Entitlement to Additional $600 in... by: Andrea R. Calem and C. Randolph Sullivan EPA Releases Final Rule Amending Small Manufacturer Definition for... by: Thomas C.
Department of Labor Clarifies Entitlement to Additional $600 in Partial Unemployment Context
The U.S. Department of Labor (“DOL”) issued supplemental CARES Act guidance on May 8, 2020, that addresses the interplay between the Federal Pandemic Unemployment Compensation (FPUC) program and partial unemployment benefits at the state level. The FPUC program is the portion of the CARES Act that enhances state unemployment insurance benefits by $600 each week a claimant is eligible for state benefits.
DOL Amplifies Guidance on Pandemic Unemployment Assistance Program
Monday, May 4, 2020 As states have worked to process the millions of unemployment claims arising out of the pandemic, many questions have arisen about who is eligible for the federal Pandemic Unemployment Assistance (PUA) benefit under the CARES Act. The Department of Labor’s most recent guidance attempts to answer many of these questions posed by the states and may be helpful to employers considering furloughs or layoffs.
DOL Amplifies Guidance on Pandemic Unemployment Assistance Program
As states have worked to process the millions of unemployment claims arising out of the pandemic, many questions have arisen about who is eligible for the federal Pandemic Unemployment Assistance (PUA) benefit under the CARES Act. The Department of Labor’s most recent guidance attempts to answer many of these questions posed by the states and may be helpful to employers considering furloughs or layoffs.
EEOC Updates Guidance Regarding COVID-19 Workplace Inquiries
EEOC guidance on COVID-19 continues to evolve as the medical community learns more about the virus. On April 9, 2020, the EEOC expanded the list of symptoms about which employers may ask when screening employees entering the workplace, without running afoul of the Americans with Disabilities Act (ADA). Previously, employers were permitted to ask individuals if they were experiencing fever, chills, cough, sore throat, or shortness of breath.
States Follow Department of Labor Guidance for COVID-Related Unemployment Claims
Unemployment insurance is a joint federal-state program, administered separately by each state following guidelines established by federal law. On March 12, 2020, the Department of Labor (“DOL”) issued advisory guidance for state workforce agencies, suggesting ways in which the states might relax program requirements and expand benefit eligibility in light of the COVID-19 pandemic.
COVID-19 and the “Unforeseen Business Circumstances” Exception to WARN Notification
Employers in the difficult position of making workplace reductions because of COVID-19-related business losses should spare a moment for consideration of layoff notice obligations under the federal Worker Adjustment Retraining Notification Act of 1988, 29 U.S.C. § 2100 et seq. (“WARN”) and its state counterparts (so-called “mini-WARN” laws).
Chicago and Denver Increase Minimum Wage
The competing interests of the business community and tipped workers continue to inform public policy decisions about the minimum wage. We have previously written about increases in the minimum wage on the state, county and municipal level. Most recently, the cities of Chicago and Denver tackled this issue and joined the many jurisdictions across the country to approve increases to their minimum wage.
Safety Footwear: Reimbursement Obligation for Restaurants in California?
California Labor Code §2802 requires employers to reimburse employees for all “necessary expenditures” incurred by an employee in the discharge of his or her duties. Business travel expenses fall into this category, as do uniforms, and even the portion of personal cell phone costs that can be attributed to business use.
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