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California s supplemental paid COVID-19 sick leave (covered
here) expired on December 31, 2020. The
Families First Coronavirus Response Act (FFCRA) also expired on
December 31, 2020. Nevertheless, many local jurisdictions have
extended emergency paid sick leave to employees affected by the
COVID-19 pandemic. An employee may be entitled to use the leave for
a variety of reasons-from being subject to quarantine to
experiencing symptoms to caring for another. The local emergency
paid sick leave ordinances generally have a pay limitation similar
to the FFCRA, capping paid supplemental sick leave at $511 per day
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On March 15, 2021, Governor Cuomo signed into law a bill that
guarantees virtually all New York State employees public
and private paid leave to receive a COVID-19 vaccination
(the full text of the bill is available here).
The law allows employees to take paid leave for a sufficient
period of time, not to exceed four hours
per vaccine
injection, and mandates that this leave be provided to
employees without charge against any other leave bank to which they
are otherwise entitled, including paid leave provided under the New
Q: What Does the $1.9 Trillion American Rescue Plan Mean for
Employers?
A: On March 11, nearly a year after the enactment of the Families First Coronavirus Response Act
(FFCRA) and CARES Act, and three months after the
enactment of the Consolidated Appropriations Act of 2021,
President Biden signed a sweeping $1.9 trillion stimulus package
called the American Rescue Plan. The headline-grabbing
elements of the American Rescue Plan include $1,400 direct payments
to individuals earning below a certain income threshold, $160
billion for COVID-19 vaccine and testing programs, and $360 billion
for aid to state, local, and territorial governments. Critical to
employers, the American Rescue Plan once again extends federal
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In what is likely the final predicate for issuing a COVID-19
emergency temporary standard (ETS), on March 12, 2021, the U.S.
Occupational Safety and Health Administration (OSHA) issued a new
National Emphasis Program (NEP) targeting specific high-hazard industries or activities
in which there is a hazard of contracting SARS-CoV-2 (severe
acute respiratory syndrome coronavirus 2), the cause of
COVID-19. The NEP also includes an added focus to
ensure that workers are protected from retaliation. The NEP
is effective immediately and will remain in force no longer than a
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On March 1, 2021, the City Council of Pomona, California, passed an ordinance that establishes premium
pay for retail food workers during the COVID-19 pandemic. Pomona is
an incorporated city located in Los Angeles County and is not
subject to the county s hero pay ordinance. The new Pomona
ordinance requires large retail establishments to provide their
workers with premium pay of $4.00 for each hour worked. The city
also published a Hero Pay Ordinance Fact Sheet. The
ordinance took effect immediately and will remain in effect at