As infections during the worldwide COVID pandemic have waxed and waned, and as vaccinations and new treatments for COVID infection have been introduced, employers have begun to see a substantial increase in the number of employees that have returned to work. That, in turn, has caused many employers to re-evaluate their COVID testing protocols to determine who may return to the office and when. Earlier in the pandemic, the EEOC permitted such testing of on-site…

Religious Exemptions to Mandatory Vaccine Policy Employees who refuse to take the COVID-19 vaccine for religious reasons are protected by Title VII. Therefore, religious accommodations for the COVID-19 vaccine should be treated like any other religion-based accommodation request. Employers should continue to provide employees with a clear and accessible process for requesting an accommodation and should continue to analyze requested accommodations on a case-by-case basis and offer accommodations when required pursuant to the law and…

Telecommuting is not a new phenomenon. Whether on a full-time, part-time or sporadic basis, telecommuting has been voluntarily offered by employers, and in some cases, required as an accommodation for an employee with a disability for many years. And of course, for many employers telecommuting became a necessity during the pandemic. As employers are returning to more traditional work arrangements, however, many are faced with employees who wish to continue working from home. The push to…

Many employees are being asked to return to the office this Summer due to perceptions, true or untrue, about waning COVID infections. As a result, a number of employees are asking to remain remote or telework because they have found a better work-life balance during the pandemic. Before denying these requests due to the “team building” experience of all working in one location, employers should be aware of potential Americans with Disabilities Act (“ADA”) pitfalls.…

In the past two years, California lawmakers have focused their efforts on resolving the negative effects of COVID-19 and its variants, placing primary responsibility on employers. Several laws were recently enacted that impact employers in the context of workers’ compensation, workplace safety, and particularly, paid sick leave. California’s paid sick leave laws are daunting. The laws have become increasingly complex with unclear requirements. The following is a summary of the major paid sick leave laws…