Agriculture
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January 8, 2021
A previous employee at Sanderson Farms filed a complaint on Thursday in the Western District of Texas purporting that the company erred when firing him after he received a workplace injury. He purported that he was fired from Sanderson Farms for not disclosing a previous injury, which is unrelated to his workplace injury and should not have been a factor.
The plaintiff claimed that the defendant breached the Family Medical Leave Act (FMLA) and the Employee Income Retirement Security Act (ERISA). He explained in the complaint that he “suffered an on-the-job injury” of a torn meniscus in his right knee on October 9, 2020, and requested leave to receive knee surgery in late November, which would lead to a four to six week period where he should avoid “bending, squatting, or climbing.” The plaintiff explained that these are essential to his work as a mechanic at a Texas Sanderson Farms feed mill.
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Governor Gavin Newsom recently signed a number of bills that will affect California employers in 2021. Most significantly, the new laws greatly expand the California Family Rights Act (CFRA), create stringent workplace reporting requirements related to COVID-19, and clarify California’s year-old independent contractor law, Assembly Bill 5 (AB 5).
Supplemental COVID-19 Paid Sick Leave
Assembly Bill (AB) 1867 expanded supplemental paid sick leave for COVID-19-related reasons for certain employers not already covered by the federal Families First Coronavirus Response Act (FFCRA). Specifically, it required private employers that employ 500 or more U.S. employees to provide California employees with paid sick time for COVID-19-related absences.
Education labor unions eye COVID-19 bargaining kodiakdailymirror.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from kodiakdailymirror.com Daily Mail and Mail on Sunday newspapers.
Congress Makes Additional Paid Family Leave and Paid Sick Leave
Optional
The dust has now settled on the new stimulus bill signed by
President Trump on December 27, 2020. The changes to the Family
First Coronavirus Recovery Act (“FFCRA”) was buried in
over 5000 pages of text and provides a choice for employers to
continue paid leave benefits to their employees as follows:
Congress extended the tax credits for employers who provide
both paid sick leave and paid family leave through March 31, 2021.
Those credits will continue to be processed as they have been under
the FFCRA.
Congress did not extend the mandatory requirement to provide