Families First Coronavirus Response Act: Updates

Effective Date of FFCRA: The Families First Coronavirus Response Act (FFCRA) states that the law is effective no later than 15 days after enactment, which would be April 2, 2020. However, the Department of Labor (DOL) has apparently declared the law effective a day earlier, on April 1, 2020. (Click here.) Posting Notice of FFCRA to Employees: The FFCRA requires that employers post a notice prepared by, or approved by, the DOL. The DOL has just released a set of posters. (Click here.) I am not aware of what the process is to get a poster "approved" by the DOL.…

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New Paid Sick Leave: Is It In Addition to Existing Accruals?

Here is the biggest question in my mind about the newly enacted Families First Coronavirus Response Act. Can the required 2 weeks of paid sick leave be met with the employee's existing accruals or is the 2 weeks in addition to existing accruals? The House version of H.R. 6201 (Click here) contained Section 5102(d) which stated: (d) EMPLOYERS WITH EXISTING POLICIES.—With respect to an employer that provides paid leave on the day before the date of enactment of this Act— (1) the paid sick time under this Act shall be made available to employees of the employer in addition to…

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Governor Signs AB 355: Adds OCTA to PERB Jurisdiction

The Governor has signed AB 355 which adds the Orange County Transportation Authority (OCTA) to PERB's jurisdiction. Last year Governor Brown vetoed AB 2886 which would have added the OCTA and the San Joaquin Regional Transit District to PERB's jurisdiction. In his veto message, Governor Brown noted that PERB's jurisdiction has steadily increased over the years while its funding has not. According to Governor Brown, until PERB is able to handle its workload its jurisdiction should not be further expanded. Now that Governor Newsom has signed AB 355 it will be interesting to see whether other transit agencies will also…

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PERB Gains Jurisdiction Over Some Child Care Workers

Governor Newsom has signed AB 378, the California Child Day Care Facilities Act, which allows child care workers who care for families that receive child care subsidies from the state to unionize. In a Sacramento Bee article, supporters of AB 378 claim that over 40,000 child care workers will be covered by this new law. AB 378 represents the first expansion of PERB's jurisdiction beyond public employees. Many "perbs" in other states already cover both public employees and some private sector employees excluded by the National Labor Relations Act. PERB now joins these other states. Notably, AB 378 appears designed…

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AB 1066: Striking Employees Eligible for Unemployment Benefits

AB 1066 was introduced by Assembly Member Gonzalez on February 21, 2019. This bill amends the Unemployment Insurance Code to allow striking employees to be eligible for unemployment insurance benefits after four weeks.  Specifically, AB 1066 currently provides that: (b) The ineligibility of an individual to receive benefits pursuant to subdivision (a) shall expire after the first two four weeks of the trade dispute and shall, thereafter, be eligible.The one-week waiting period required by Section 1253 shall not be required in addition to the waiting period established in this subdivision. This bill passed the Assembly on May 22, 2019, and is now in the…

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