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The California Department of Industrial Relations (DIR) recently updated its “Guide to COVID-19 Related Frequently Asked Questions [FAQs]” to include wage and hour issues and vaccinations.
If an employer requires employees to obtain a COVID-19 test or vaccination, the employer must pay for the employee’s time, including travel time. The California Department of Fair Employment and Housing recently confirmed that an employer can mandate that employees obtain a COVID-19 vaccination, subject to reasonable accommodation for disability-related reasons and sincerely-held religious beliefs or practices.
According to the FAQs, “the employer must pay for the time it takes for testing or vaccination because such time would constitute ‘hours worked.’” The DIR explained that this time is “hours worked” because “the employer exercised control over the worker by requiring the worker to perform [the] task” of bein