Much has been written about employers requiring their employees to receive the COVID-19 vaccination. The EEOC’s December 16, 2020 Guidance gives employers a green light from an ADA perspective to implement such a program so long as the employer fulfills its accommodation obligations under Title VII (religion) and the ADA (disability). The EEOC’s Guidance does
In 2019, Connecticut passed a paid leave law and amended its family and medical leave act. The law created the Paid Family and Medical Leave Authority, a quasi-government entity, to administer the funding and processing of claims. (Full disclosure: I am a member of the Board of Directors of this Authority). The benefit is funded
Until last week, there were a host of leave management issues concerning employees who had tested positive for COVID-19 or were isolating at home. As noted in my blog yesterday, the recently-enacted Families First Coronavirus Response Act has paid leave and sick day provisions that resolve most of those issues, at least on the federal
President Trump signed The Families First Coronavirus Response Act (FFCRA) last Wednesday, March 18, 2020. The FFCRA has eight “Divisions,” lettered A to G. Division C is the “Emergency Family and Medical Leave Expansion Act” (EFMLA). Division E is the “Emergency Paid Sick Leave Act” (EPSLA). The EFMLA, in general, provides paid time off during
Challenges to the Michigan PSL law and Alabama preemption law were resolved during the last quarter. The PSL turbulence in Texas continues as we await a decision from the Texas Supreme Court on whether it will wade into the PSL controversy. This quarterly summary includes:
With two concurring opinions, three dissents, 74 footnotes and a combined 48 pages of opinions, the Michigan Supreme Court yesterday said no, it would not issue an advisory opinion on the legality of the recently enacted state PSL law. In the one-paragraph opinion of the Court, the Court said that “we are not persuaded that
The Eleventh Circuit Court of Appeals on Friday, in an en banc decision, rejected the challenge to Alabama’s minimum wage and employment benefits preemption law. The seven-judge majority held that the federal court does not have jurisdiction to hear the case because the plaintiffs did not have standing to bring it. Because of this
The PSL turbulence in Texas continues. A Bexar County judge today temporarily enjoined implementation of San Antonio’s Paid Sick and Safe Leave Ordinance. The Ordinance was to be effective on December 1, 2019.
The petitioners seeking the injunction were the State of Texas and a cadre of business interests. Judge Peter Sakai heard oral argument
The PSL turbulence in Texas garnered most of the PSL headlines in the third quarter. How that turbulence ends will determine the fate of PSL ordinances in Austin, Dallas and San Antonio. This quarterly summary includes:
I have posted often about union-represented employees being shortchanged by paid leave laws. See here, here and here. This has always baffled me since unions have been staunch advocates of such laws. For my most recent On the Labor Front article, I analyzed the extent to which some paid leave laws shortchange union-represented employees
