The third readopted version of Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards (ETS) has been approved by the Office of Administrative Law and is scheduled to remain in effect through December 31, 2022.
For information about revisions effective May 6, 2022, click here: What Employers Need to Know.
The American Rescue Plan Act (Act) was signed into law on March 11th. Employers should be aware of significant provisions contained in the Act that relate to workplace policies and practices. A summary of some key points is provided below.
Extension and Expansion of Paid Leave Availability and Payroll Tax Credits
The American Rescue Plan Act allows employers to continue to offer the paid leave provisions created by the Family First Coronavirus Response Act (“FFCRA”) through September 30, 2021.
The FFCRA, enacted into law on March 18, 2020, required covered employers (e.g., most private employers of less than 500 employees and public employers) to provide employees with paid leave for qualifying COVID-19 related absences through December 31, 2020. The FFCRA also made tax credits available to employers that provided paid leave pursuant to the requirements of the FFCRA.
The Consolidated Appropriations Act, 2021, enacted in December 2020, permits employers to voluntarily continue to offer the FFCRA paid leave provisions to employees who had not exhausted their leave entitlements before December 31, 2020 through March 31, 2021. Employers that chose to continue the paid leave provisions can also claim tax credits up to the amounts permitted for corresponding payments made through March 31, 2021.
New Allotment of Paid Sick Leave – Pursuant to the American Rescue Plan Act, employers can voluntarily offer employees a new allotment of up to 80 hours (10 days) of qualifying paid sick leave and claim corresponding tax credits.
Eliminates Requirement that First 10 Days of Expanded Family and Medical Leave be Unpaid – The American Rescue Plan Act eliminates the requirement that the first 10 days of paid expanded family and medical leave be unpaid. The first two weeks of paid expanded family and medical leave (which were unpaid under the FFCRA) can now be paid at 2/3 of the employee’s regular rate of pay, increasing the maximum amount and tax credit limit for paid expanded family and medical leave from $10,000 to $12,000 per employee.
Additional Reasons for Paid Leave Available – The American Rescue Plan Act also creates additional bases for paid sick leave. An employee can be eligible for paid leave if the employee is:
1. absent from work to receive a COVID-19 vaccine;
2. recovering from complications related to receiving a COVID-19 vaccine; or
3. awaiting the results of a test or potential diagnosis for COVID-19.
Disqualification from Receipt of Payroll Tax Credits for Discrimination or Retaliation – Under the American Rescue Plan Act, employers are not eligible to receive payroll tax credits if they discriminate in providing leave or fail to comply with the anti-retaliation provisions and requirements of the FFCRA.
Employee Retention Credit – The American Rescue Plan Act extends and expands availability of the employee retention credit established by the Coronavirus Aid, Relief, and Economic Security Act and extended by the Consolidated Appropriations Act of 2021 for qualifying wages paid to employees through the end of 2021.
What Employers Should Do
The American Rescue Plan Act contains a number of other provisions aimed at helping employers, displaced employees and individuals struggling to meet the challenges created by the pandemic.
Employers should contact legal counsel for assistance in understanding legal requirements and strategies to meet compliance obligations.
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If you have an employee handbook, our California employment law attorneys can review your current handbook – all policies will be updated to reflect current laws, outdated and inapplicable policies will be deleted and new, required policies will be added.
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Contact us at info@lmrcenter.com or (858) 376-7737.
Your End of 2020 Checklist:
▪ Employers of 5 or more employees must ensure all employees and supervisors complete the required amount of harassment prevention training by January 1, 2021.
▪ Learn what new and updated laws require now and what is required beginning on January 1, 2021.
▪ Create 2021 employee handbook.
▪ Update/create forms and prepare for new required processes and procedures.
▪ Have legal counsel review policies, procedures and forms to ensure compliance.
▪ Post required notices and posters.
▪ Much more!
We can help!
The Law and Management Resource Center has been helping employers comply with federal, state and local requirements, protect their businesses and employees and save money for nearly 15 years!
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Contact us at info@lmrcenter.com or (858) 376-7737.
For Many Businesses with 5 or More Employees, All Employees and Supervisors Must Complete Training by January 1, 2021
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It’s Never Been More Important to Ensure Employee Handbook Policies are Up-to-Date and Properly Written
Employers with five or more employees are required to provide harassment prevention training to all employees – not just supervisors.
Employers should provide a copy of their harassment prevention policy to employees in conjunction with this training – and it’s important that the policy be correctly written and up-to-date. Issuing an improperly drafted or outdated policy can lead to problems.
An employee handbook can be one of your best tools when properly written!
Was your handbook updated in 2019? How about 2018?
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If You Have a Handbook…
If you have an employee handbook, our California employment law attorneys can review your current handbook – all policies will be updated to reflect current laws, out-dated policies will be deleted and new, required policies will be added.
If You Don’t Have a Handbook…
If you don’t have an employee handbook, our California employment law attorneys can draft one for you.
How it Works – It’s as Easy as 1, 2, 3!
If you have a handbook, you send it to us. If you don’t have a handbook, we contact you to get information about your business. This will take only minutes of your time.
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For complete details or a quote for your business, click here: Contact or, call us at (858) 376-7737.
Businesses with 5 or More Employees Must Now Provide Training to ALL EMPLOYEES and ALL SUPERVISORS
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Harassment Prevention Training Policy Update Included for FREE!
When your staff members commence harassment prevention training, they should receive your company’s policy prohibiting harassment in the workplace. Of course, it is important that this policy be up-to-date, properly written and include certain information:
As with all of our employment law and human resource services, our policy drafting and handbook services are completed by our in-house California attorneys.
Get Effective Training from Qualified Trainers Aimed at Preventing Claims
For years, our attorneys have been respected “go-to” trainers for California employers seeking to prevent harassment.
The Right Approach to Training is Important
Wondering if We Are the Right Choice for Your Training?
For complete details or a quote for your business, click here: Contact or, call us toll-free at (833) 753-1775 by April 30, 2019.
Businesses with 5 or More Employees Must Now Provide Training to ALL EMPLOYEES and ALL SUPERVISORS
Our Training Programs are Accessible on SmartPhones, Tablets and Computers – Complete Training at Your Own Pace, When and Where You Want
Completion is automatically tracked for ease in meeting compliance requirements.
When You Purchase Training with Special Discount Today . . . You Save and Employees Can Complete Training Throughout the Year
Employee (non-supervisor) 1-Hour Training – 3 = only $14.67 per person
Supervisor 2-Hour Training – 3 = only $28 per person
Harassment Prevention Training Policy Update Included for FREE!
When your staff members commence harassment prevention training, they should receive your company’s policy prohibiting harassment in the workplace. Of course, it is important that this policy be up-to-date, properly written and include certain information:
As with all of our employment law and human resource services, our policy drafting and handbook services are completed by our in-house California attorneys.
Get Effective Training from Qualified Trainers Aimed at Preventing Claims
For years, our attorneys have been respected “go-to” trainers for California employers seeking to prevent harassment.
The Right Approach to Training is Important
Wondering if We Are the Right Choice for Your Training?
For complete details or a quote for your business, click here: Contact or, call us toll-free at (833) 753-1775 by April 30, 2019.
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