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ON-DEMAND INSIGHTS

OCR Right of Access Initiative Bares Its Teeth

OCR Right of Access Initiative Bares Its Teeth

October 26, 2020 at 3:03 PM - Business Associates,

Last year, the Office of Civil Rights (“OCR”) announced a new initiative – the HIPAA Right of Access Initiative – as an enforcement priority in support of the right of individuals to timely access of their health records under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) Privacy Rule. As of this October, OCR has settled 9 enforcement actions against healthcare organizations for failure to comply.

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Can Employers Mandate Vaccinations for Employees?

Can Employers Mandate Vaccinations for Employees?

October 19, 2020 at 2:12 PM - employee policies,

Protecting the health and safety of employees is a high priority for most employers. Every year, as flu season approaches, many consider adopting a mandatory vaccine policy to help prevent the spread of the flu in the workplace. And now more than ever, in the midst of the COVID-19 pandemic, this issue is top of mind for both employers and employees as the world awaits news of an approved vaccine for the SARS-CoV-2 virus. While employers may view that future vaccine as the linchpin in their plans to resume pre-COVID workplace protocols, simply mandating it for employees may not be feasible.

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California Employers Take on Greater COVID-19 Liability

California Employers Take on Greater COVID-19 Liability

October 2, 2020 at 2:57 PM - COVID-19,

The California legislature recently passed SB 1159, significantly expanding the governor’s executive order (N-62-20) of May 6 (“Executive Order”) regarding workers’ compensation and employer liability for COVID-19.

The Executive Order created a rebuttable presumption[1] that any employee diagnosed with COVID-19 from March 19 to July 5, who had visited the workplace at the direction of their employer and received positive results within 14 days of such visit, was presumed to have contracted the disease on the job, and therefore, could file a workers’ compensation claim.

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Department of Labor Clarifies Guidance on Use of FFCRA Leave for Various Types of School Re-Openings

Department of Labor Clarifies Guidance on Use of FFCRA Leave for Various Types of School Re-Openings

October 1, 2020 at 11:45 AM - paid leave,

As we previously summarized, the FFCRA allows parents to take up to 12 weeks of subsidized leave if their child’s school or place of childcare is closed due to the COVID-19 pandemic.

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California Expands Job-Protected Leave under its Family Rights Act

California Expands Job-Protected Leave under its Family Rights Act

September 25, 2020 at 8:35 AM - employee policies,

Beginning January 1, 2021, the California Family Rights Act (CFRA) will require businesses with five or more employees to provide up to 12 weeks of unpaid, job-protected family care and medical leave annually to eligible employees.

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Updates to California's COVID-19 Safe Reopening Playbook + New FAQS

Updates to California's COVID-19 Safe Reopening Playbook + New FAQS

August 10, 2020 at 4:01 PM - Employment Law,

Since our original post, the State of California has released a revised version of the COVID-19 employer playbook, which is now called the “COVID-19 Employer Playbook: Supporting a Safer Environment for Workers and Customers.” According to this updated guidance:

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ADA Website Compliance Requirements

ADA Website Compliance Requirements

July 30, 2020 at 2:39 PM - ADA,

Amid the COVID-19 pandemic, we’ve seen a hasty shift to doing business online by many companies and organizations, including schools, colleges and universities who were thrust into online learning this past Spring. It is critical that these organizations closely examine the accessibility of their websites, podcasts and online tools for people with disabilities in order to avoid potential claims being made against them under the Americans with Disabilities Act (ADA).

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For California Employers: COVID-19 Safe Reopening Playbook Now Available

For California Employers: COVID-19 Safe Reopening Playbook Now Available

July 29, 2020 at 1:50 PM - Employment Law,

The California Department of Public Health recently released detailed guidance for employers who are trying to understand their obligations during the coronavirus pandemic. The COVID-19 Employer Playbook for a Safe Reopening is intended to help businesses plan and prepare to reopen safely and mitigate the risks for workers and customers.

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Outside GC is an innovative approach to legal services for growing and mature businesses. Companies who engage Outside GC fall into two main categories: (1) those without in-house counsel who need regular, on-going legal support but do not wish to hire a full-time in-house lawyer, and (2) those with in-house counsel who do not wish to add more full-time resources to their existing in-house staff. Contact us to speak to one of our on-demand attorneys.