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Legal Update HeaderOn Sept. 11, 2020, the Federal Motor Carrier Safety Administration (FMCSA) extended yet again the emergency declaration that provides truck drivers an exemption from Parts 390 to 399 of the federal motor carrier regulations (including hours of service, vehicle inspection and driver qualification rules).

COVID-19 trucking exemptions were originally issued on March 13, 2020, but have been repeatedly expanded to remain in force throughout the current pandemic. This latest extension is set to expire on Dec. 31, 2020, or until the national state of emergency ends, whichever comes sooner.

Legal Update HeaderOn Sept. 4, 2020, California amended the list of occupations exempted from using the state’s employee classification test, also known as “the ABC test” (AB 5). When the ABC test is not required, including when an exemption applies, employers may need to revert to previous methods to determine whether a worker is an employee or an independent contractor.

Modified List of Exempt Occupations

The amendments modified the business-to-business, referral agency and freelance writer exemptions. The amendments also added the following new exemptions (see full text for details):

Since the onset of the COVID-19 pandemic, public health officials have cautioned the public about the potential negative mental health effects caused by these uncertain times.

Even though staying at home, self-quarantining or isolating when necessary, and social distancing are necessary for preventing the spread of COVID-19, these actions can increase mental health stress and conditions. Other pandemic-related stressors, such as financial strain, job loss and caregiving responsibilities, can also lead to poor mental health. For those with substance abuse disorders or mental health conditions, these uncertain times can exacerbate a condition or cause a relapse.

On Sept. 8, 2020, the Equal Employment Opportunity Commission (EEOC) issued additional answers to frequently asked questions (FAQs) about how employers should comply with the Americans with Disabilities Act (ADA) while also observing all applicable emergency workplace safety guidelines during the coronavirus pandemic. The new FAQs, which address various issues related to employees returning to work during the pandemic, were added to guidance that the EEOC first issued on March 18, 2020, and then updated in April, May and June of 2020. The FAQs draw from the EEOC’s existing pandemic publication, Pandemic Preparedness in the Workplace and the ADA, to help employers navigate workplace issues related to the coronavirus (COVID-19). In particular, the EEOC’s FAQs include information from a section of the publication that answers employer questions about what to do after a pandemic has been declared. This HR Compliance Bulletin contains the EEOC’s updated FAQs.

Fear, worry, and stress are normal responses to perceived or real threats, or when faced with uncertainty. Understandably so, it is normal that people are experiencing worry or stress during the coronavirus pandemic.

The coronavirus pandemic has affected nearly every aspect of daily life. Americans are increasingly suffering from behavioral health issues during the pandemic, including mental health issues and substance abuse. This can have a disastrous impact on workplace productivity. This article provides tips and considerations to help employers support their employees during this challenging time.

Live Well, Work Well - September 2020

 

Choosing an Effective Hand Sanitizer

Hand hygiene is an important response to the COVID-19 pandemic. The Centers for Disease Control and Prevention (CDC) recommends washing hands with soap and water. If those aren’t available, using a hand sanitizer can help you avoid getting sick and spreading germs. Americans are having a hard time tracking hand sanitizer down; however, the CDC doesn’t recommend that people make their own product, as there’s a chance it could be ineffective or cause skin burns.

 

OSHA Safety Cornerstone - Third Quarter 2020

OSHA Reveals Increase in Whistleblower Complaints in the Midst of COVID-19

As the COVID-19 pandemic continues on, employee health and safety remains a top priority. Specifically, a key topic of concern has been whether workers who reported potential violations (e.g., a lack of social distancing or inadequate personal protective equipment) are being properly protected from employer retaliation. Read More Button    

FDA Urges Consumers to check that their hand sanitizer is safe image

The FDA Is Warning Consumers To Refrain From Using More Than 150 Sanitizers.