Coronavirus (COVID-19) and State Updates

December 21, 2020

Happy Holidays!

In the spirit of the holidays, we are giving more than enough updates below. We hope everyone has a wonderful holiday season.

*Coronavirus (COVID-19) Note: we are monitoring the myriad COVID-19-related laws and ordinances as many expire at the end of the month. As you will find below, there have been only three recent extensions (San Mateo County and cities of Sacramento and San Jose, California). We will continue to monitor and will let you know as soon as possible if any further extensions, updates or new laws are released.

Federal Updates

Department of Labor (DOL) – Office of Disability Employment Policy (ODEP)

The Employer Assistance and Resource Network on Disability Inclusion (EARN), which is funded by ODEP, has released a policy brief to assist employers with COVID-19-related issues as they relate to disability and the Americans with Disabilities Act (ADA). The brief is centered on the impact of COVID-19 on job applicants and employees with disabilities. It provides best practices, protocols and helpful guidance.

Equal Employment Opportunity Commission (EEOC)

The EEOC has published three revised documents that address the employment of veterans with disabilities. The documents discuss how the Americans with Disabilities Act (ADA) and the Uniformed Services Employment and Reemployment Rights Act (USERRA) apply to veteran employees and those who employ them.

EEOC Efforts for Veterans with Disabilities

Understanding Your Employment Rights Under the Americans with Disabilities Act: A Guide for Veterans

Veterans and the Americans with Disabilities Act: A Guide for Employers

Earlier this week, the EEOC updated its COVID-19 Technical Assistance Publication, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”. The publication now includes information regarding the interaction of COVID-19 vaccination with legal requirements of the Americans with Disabilities Act (ADA), Title VII of the Civil Rights Act of 1964 and the Genetic Information Nondiscrimination Act (GINA). The additional information can be found in Section K. More pandemic-related resources for employers may be found here.

State Updates

California

City of Sacramento

The Sacramento County Board of Supervisors passed an extension of the Worker Protection, Health and Safety Act of 2020. The ordinance is now effective through March 31, 2021. For details regarding the ordinance, please refer to our July 10, 2020 newsletter.

City of San Jose

The San Jose City Council passed an emergency measure that extends the city’s COVID-19 Emergency Paid Leave Ordinance. The measure will take effect on January 1, 2021 and will expire on June 30, 2021. For details regarding the ordinance originally passed in April, please refer to our April 14, 2020 newsletter.

County of San Mateo

The Board of Supervisors of the County of San Mateo has extended its Emergency COVID-19 Paid Sick Leave Ordinance through June 30, 2021. For more details regarding the ordinance, please see our July 11, 2020 newsletter.

Colorado

The Division of Labor Standards & Statistics has released an updated Paid Leave, Whistleblowing, & Protective Equipment poster that is effective January 1, 2021. The poster must be displayed where it is easily accessible and shared with remote workers.

Hawaii

2021 changes to Temporary Disability Insurance (TDI) in the Aloha State were announced earlier this month:

  • Maximum Weekly Benefit will be $640
  • Weekly Taxable Wage Ceiling will be $1,102.90
  • Weekly Cap for Employee Contribution will be $5.51

More details can be found here.

Massachusetts

Last month, the Department of Family and Medical Leave released a revised and updated workplace poster. Employers are required to display the poster at their place of work in accordance with their own practices.

Rhode Island

The Ocean State’s Department of Labor and Training has announced changes to the Temporary Disability Insurance program for 2021:

  • Employee Contribution Rate will remain at 1.3%
  • Annual Taxable Wage Ceiling will be $74,000
  • Annual Maximum Contribution Amount will be $962

More details can be found here.

If you have any questions, please reach out to compliance_services@thelarkincompany.com.

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