Southern California Employment Law Blog

One of the most difficult things about being laid off is the loss of medical benefits. Unemployment covers wages, but the cost to continue medical benefits can be thousands of dollars a month.

Under the recently passed American Rescue Plan Act (ARPA), 100% of premiums for COBRA or state continuation coverage must be paid by the employer beginning April 1, 2021. The benefit will last for six months maximum and has a retroactive back to before the COVID-19 outbreak began. Depending upon the employer location, if it is state continuation vs. COBRA then the retroactive period may be greater. However, at a minimum, it is an 18-month look-back, i.e. November 2019.

This new law also applies to employees who lose medical benefits when hours are reduced from full-time to part-time. Employees who did not initially elect COBRA or health continuation also get a “second bite at the apple” and can claim this new benefit.

Different political views are routinely communicated in news outlets. Our country is extremely polarized. Not only do strangers openly proclaim their differing views, but families, friends, and co-workers often vocalize vastly different political ideologies and opinions. What happens when an employee expresses political views that are not consistent with the employer’s views?

In California, an employer may not terminate an employee for political activity that does not affect the employee’s job performance. California Labor Code § 1101 prevents employers from restricting an employee’s ability to participate in the political process or become a candidate for public office. In addition, this law prevents employers from directing the employees’ political activities. Consequently, an employer may not prevent employees from activity such as distributing campaign literature, attending a rally, or running for a political office. Similarly, an employer may not require employees to promote a particular candidate or platform. If the political activity at issue does not present a conflict with the business, then the activity should be acceptable. However, employees should not automatically conclude they are protected in all political activities.

Unfortunately, an employee may not always anticipate the outcome of a planned political event. An employee may set out to attend a political rally or march on the individual’s day off. Much to the person’s surprise, the rally attracts dissenters, and the event spirals out-of-control. Tempers flare and the political rally rapidly grows highly contentious. Protesters become violent. Before the event concludes, the employee is photographed breaking the windows of a car. The individual is tagged on social media, and the employee has public settings on the account making the picture visible to all. Is this activity protected?

California has begun distribution of COVID-19 vaccines in accordance with a phased administration plan. The next to be vaccinated will be individuals who are high-risk, unable to work at home, live or work in geographic areas that have been highly impacted or are most likely to spread disease to other workers or to the public.

The state has estimated that COVID-19 vaccines will be available to the general public in Spring 2021. Therefore, the time is quickly approaching for employers to make important decisions regarding the administration of the vaccine to employees.

Can employers require the COVID-19 vaccine?

This week, the Southern California Employment Law Blog interviewed Todd Martin, a Senior Human Resources Generalist for Amazon, who also has experience working for small businesses as a human resource (“HR”) specialist. He is an expert in his field and a ​SHRM Certified Professional (SHRM-CP). Mr. Martin was willing to provide insights on his strategies for managing the human element of business.

Why did you to decide to pursue a career in human resources?

I fell into HR. I graduated college with a business degree in 2008, at the height of the recession.  I couldn’t get a job and took a temp position as a recruiter for a sales company.  From there I started learning more about the HR role and, after 5 years of recruiting and onboarding, decided I wanted to do more with HR. I love the feeling of helping people and finding solutions to problems, which is a lot of what HR is and does. There is a joy in being a support for both the company I work for and its employees.

There have been many recent news stories about people losing their jobs due to taking a political stance or being involved in protests. A former employee of Taco Bell claims he was terminated for wearing a Black Lives Matter mask at work. On the other side, a journalist was terminated by the Washington Examiner after a video went viral showing that she faked helping a local business board up windows.

This has raised the question – Can an employee be terminated for political speech or lawful activity outside of work?

Free Speech