On July 21, 2021, the California Court of Appeal, Fourth Appellate District, held in Johnson v. Maxim Healthcare Services, Inc. that a claim under the Private Attorney General Act (PAGA) could continue even though the statute of limitations for the underlying lawsuit passed. Aggrieved employees in California can file a PAGA claim against the employer to... Read more »

The post Employees Can Still Pursue PAGA Remedies Despite Time-Barred Individual Claims appeared first on Employers Council Blog.

The US Department of Health and Department of Justice came out with Guidance on “Long COVID” as a Disability Under the ADA, Section 504, and Section 1557, on July 26, 2021. The Guidance describes the symptoms of Long COVID, including fatigue, chest pain, cough, joint or muscle pain, and a list of other symptoms. The... Read more »

The post Long COVID Sufferers Have Coverage Under the ADA appeared first on Employers Council Blog.

Most Arizona employers know that the state has a robust and effective sick leave law, which allows employees to earn either 24 or 40 hours of paid sick leave annually, based on the employer’s size.  This paid time off can be used immediately upon hire or if the employer wishes to impose a waiting period within 90 days... Read more »

The post Hidden Danger for Employers in Arizona’s Paid Sick Leave appeared first on Employers Council Blog.

Last week, a U.S. District Judge Andrew Hanen ruled that the Deferred Action for Childhood Arrivals (DACA) program was implemented unconstitutionally as the U.S. Department of Homeland Security (DHS) did not follow proper federal procedures when it implemented the program. DACA is a federal government program that the Obama administration created in 2012 to provide work... Read more »

The post Are You Unsure About Hiring a Dreamer? appeared first on Employers Council Blog.

As the Delta variant spreads, local, state, and federal guidance on vaccines and masking is rapidly changing. On July 27, 2021, the Centers for Disease Control and Prevention (CDC) revised its mask recommendations saying that everyone, including fully vaccinated individuals, should wear a mask indoors in public places in areas of substantial or high transmission.... Read more »

The post Masks and Vaccines: What Employers Need to Know appeared first on Employers Council Blog.

As more employees return to the workplace, employers want to know whether they can require new hires to receive the COVID-19 vaccine before their first day of employment. The answer is yes. The Equal Employment Opportunity Commission has instructed that “federal EEO laws do not prevent an employer from requiring all employees entering the workplace... Read more »

The post Can Employers Require Vaccination Before Hiring New Employees? appeared first on Employers Council Blog.