California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Blog Authors

AB C DEF G H I J K L MNO PQR S T U V WXYZ

Brett A. Overby

Latest from California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Supporting a Mentally Healthy Workplace

By Savana Manglona

October 19, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-10-mental-health-in-the-workplace-300x200-jpg

It is no secret that the COVID-19 pandemic has had some type of impact on many people’s mental health. On October 10, 2021, the World Health Organization (WHO) recognized World Mental Health Day, and this year’s theme is “Mental health care for all: let’s make it a reality.” The past 18 months have brought forth a number of challenges for almost everyone, and particularly for many frontline workers – including health care workers, teachers, police…

California Public Agency Labor & Employment Blog

CDPH Reduces Required Quarantine Period for Certain Unvaccinated Employees Following a Close Contact to COVID-19 Exposure

By Peter J. Brown, Alexander Volberding & Savana Manglona

October 8, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2020-12-erik-mclean-vaikxzs4pa-unsplash-300x200-jpg

Under updated guidance issued by the California Department of Public Health (“CDPH”),[1] certain asymptomatic unvaccinated employees who have had a close contact exposure[2] to someone with COVID-19 may end their quarantine and return to work seven (7) days after the exposure as opposed to ten (10) days. The CDPH guidance provides that unvaccinated individuals who have a close contact exposure may discontinue the required quarantine after seven (7) days, so long as…

California Public Agency Labor & Employment Blog

Religious Exemption Requests Are Stealing the Show from COVID-19 Vaccination Requirements

By Alexander Volberding

September 30, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-09-vaccine-card-300x200-jpg

Over the last several months, mandatory vaccination requirements took center stage in the public response to COVID-19, but with the play getting underway and vaccination requirements becoming operative, it is the request for religious accommodation (i.e., exemption from vaccination requirements) that may be stealing the show. Title VII and FEHA Set the Stage for Religious Exemption Requests While equal employment opportunity laws permit vaccination requirements as a condition of employment, Title VII of the Civil…

California Public Agency Labor & Employment Blog

Five Common Pitfalls in the Reasonable Accommodation Process

By Melanie Chaney

August 31, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-08-reasonable-accomodations-300x150-jpg

This article was originally published in February 2014. The information has been reviewed and is up-to-date as of August 2021. Under the federal Americans with Disabilities Act (ADA) and California Fair Employment and Housing Act (FEHA), the employer has the duty to identify and implement a reasonable accommodation to allow a disabled employee to perform the essential functions of the job. Common pitfalls for employers in determining appropriate accommodations are: Over-reliance on the written job…

California Public Agency Labor & Employment Blog

Masks Off? What Employers Need to Know About Changes to California’s Mask Mandates

By Savana Manglona

June 30, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-06-person-holding-mask-300x225-jpg

On June 15, 2021, the State of California took a step towards returning to some normalcy when it officially reopened for business after over a year of restrictions and closures due to the COVID-19 pandemic. In doing so, the state announced it would be easing, for vaccinated individuals, some of the restrictions set in place regarding capacity limits, social distancing, and mask wearing. One of the significant changes in the restrictions is that fully vaccinated…

California Public Agency Labor & Employment Blog

Prevention, Prevention, Prevention! It’s Time to Audit Your Agency’s Personnel Rules

By Oliver Yee

June 15, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-06-policy_and_procedure_signs_small_0-300x181-jpg

This article was reviewed in June 2021 and is up-to-date. Prevention of liability starts with auditing your agency’s personnel rules. Indeed, in an employment-related lawsuit, the applicable personnel rule is often “Exhibit A.” Each year, public agencies face changes to employment laws and regulations, best management practices, and internal changes to procedures. Thus, the outcome of a lawsuit may just depend on whether the agency has audited and updated their personnel rules to reflect…

California Public Agency Labor & Employment Blog

CalPERS Requirements Public Agencies Should Know Heading into the New Fiscal Year

By Stephanie Lowe

May 26, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-05-retirement-300x106-png

As public agencies head into the end of the 2020-2021 fiscal year and prepare for the 2021-2022 fiscal year, it is the perfect time of year for agencies that contract with the California Public Employees’ Retirement System (“CalPERS”) to refresh their knowledge about upcoming deadlines and requirements. Below are the key CalPERS deadlines and requirements agencies should know. End of Year Payroll Reporting Deadlines Public agencies must ensure that they meet CalPERS’ closing deadlines for…

California Public Agency Labor & Employment Blog

Treasury Issues Interim Final Rule on Coronavirus Local Fiscal Recovery Fund and Opens Process for Eligible Governments to Request Funding from the Fund

By Peter J. Brown & Alexander Volberding

May 13, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-05-covid19-funding-300x300-jpg

On Monday, May 10, the Treasury Department issued the Interim Final Rule (Rule) concerning the operation of the Coronavirus Local Fiscal Recovery (CLFR) Fund[1] and opened the portal through which qualified governmental entities, including metropolitan cities[2] and counties[3], may to apply to Treasury for the direct payment of such funds. Note: In our April 16 Special Bulletin, we discussed pre-award requirements that governmental entities must complete before applying to the Treasury Department for payments…

California Public Agency Labor & Employment Blog

The Top 9 Ways COVID-19 Can Affect Your Public Agency’s Health Benefits

By Stephanie Lowe

March 23, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-03-health-benefits-2-300x200-jpg

The COVID-19 pandemic has changed the work environment in many ways, including a significant impact on employer-sponsored health benefits. The past year has resulted in changes to how frequently individuals visit the doctor (or do not visit the doctor), purchase eligible medical expenses, and need dependent care. In response to the pandemic, the IRS, Congress, the Department of Labor (“DOL”), and the Department of Treasury have provided options for employers to adopt flexible changes and…

California Public Agency Labor & Employment Blog

What To Do When Employees Decline COVID-19 Vaccinations?

By Alison Kalinski

March 16, 2021

https-www-calpublicagencylaboremploymentblog-com-wp-content-uploads-sites-855-2021-03-refuse-covid-shot-300x204-jpg

One year after the public health emergency caused by COVID-19 began, hope is on the horizon as vaccine production and distribution increases and eligibility criteria for vaccinations expands. With many employees teleworking during the pandemic, employers are starting to consider post-pandemic working arrangements, including the return of employees to the workplace. As employers think about this critical issue, there are a number of questions employers must consider: How do employers respond to employees that are…