For much of the ongoing COVID-19 pandemic, many California employees have utilized leave entitlements through federal, state, and local paid sick leave statutes and ordinances.  As of December 31, 2020, however, the federal Families First Coronavirus Response Act (“FFCRA”), California’s COVID-19 supplemental paid sick leave (“CSPSL”) — and many local supplemental paid sick leaves (“LSPSL”) — have expired.  With coronavirus cases still surging nationwide and no additional guidance on the new exclusion pay requirements…

The New York State Paid Sick Leave law (“NYSPSL”) and the amendments to the New York City Paid Safe and Sick Leave law (“ESSTA”) expanding employees’ paid sick leave entitlements will go into full effect on January 1, 2021. As we previously reported, NYSPSL went into effect on September 30, 2020 for accrual purposes, but employees are not able to access their accrued sick leave until January 1, 2021. As a reminder, under both…

On December 22, 2020, the U.S. Department of Labor (DOL) issued its final rule modifying federal regulations concerning compensation for “tipped employees.”  The new final rule follows 2018 federal legislation, which amended the Fair Labor Standards Act (FLSA) to, among other things, prohibit employers from keeping their employees’ tips “for any purposes, including allowing managers or supervisors to keep any portion of employees’ tips” even if they do not claim a tip credit.…

The Equal Employment Opportunity Commission (EEOC) released its long-awaited COVID-19 vaccine guidance for employers on December 16, 2020, providing answers related to workplace requirements about COVID-19 vaccines. With COVID-19 vaccinations underway in the U.S., the deployment poses complex questions for employers determining whether to mandate vaccines for all employees and how to manage such mandates. Although the EEOC acknowledges that federal employment laws do not prevent employers from following guidelines from public health authorities, the…

Employers operating, even on a limited basis, in Colorado should be aware of Colorado’s recent wage disparity and discrimination bill, which takes effect in 2021 and imposes widespread requirements related to record-keeping, disclosure, and transparency. In May of 2019, Colorado Governor Jared Polis signed the Equal Pay for Equal Work Act into law.  The Act will go into effect on January 1, 2021.  The Act was enacted to address pay disparities affecting women and…

On November 16, 2020, California implemented an accelerated application of its Blueprint for a Safer Economy metrics. Under the Blueprint Framework, every county in California is assigned to a tier based on its test positivity and adjusted case rate. Each tier has its own set of restrictions. Three days later, on November 19, 2020, the state issued a limited Stay at Home Order.…