Just when California employers thought things could not get any worse… In See’s Candies, Inc. v. Superior Court, the California Court of Appeal addressed the question of whether a family member of an employee who contracted COVID while at work can sue their family member’s employer for damages. The Court’s answer? A resounding “Yes.” The… Read More
Federal Court Reinstates Ban on Employment Arbitration Agreements in California – For Now
In 2019, AB 51 is Passed As readers of this blog know, in 2019 the California legislature passed AB 51, a new law that added Section 432.6 to the California Labor Code. This new statute made it illegal for an employer to require an applicant or employee, as a condition of employment, to sign an… Read More
California Superior Court Judge Declares Prop 22 Unconstitutional
In a stunning ruling late on Friday evening, California Superior Court Judge Frank Groesch ruled that Prop 22 – the most expensive ballot proposition in California history, which last year passed with 59% of the vote and allowed Uber and Lyft to classify their drivers as “independent contractors” rather than employees – was unconstitutional. According… Read More
Meal and Rest Period Violations Just Got More Expensive for Employers
Under existing California law, if an employee who is eligible for a meal period is denied that meal period or gets interrupted during that meal period, then that employee is entitled to one hour of premium pay at the employee’s then-existing “regular rate of pay.” The same is true for rest periods. If an employee… Read More
How the New “American Rescue Plan Act” Impacts Employers and Employees
Now that President Biden has signed the American Rescue Plan Act (“ARPA”) into law, we’ve had the chance to review the massive legislation. And we’ve discovered some little-known provisions in the law that directly impact employers and employees. Here’s a quick summary of those provisions: Incentives for Employers to Offer Paid Sick Leave As we… Read More
California Supreme Court Rules That Dynamex Applies Retroactively
California employers face even more liability now for misclassifying workers as “independent contractors.” That’s because the California Supreme Court recently ruled in Vasquez v. Jan-Pro Franchising, Inc. that the test for determining whether a worker qualifies as an employee or independent contractor – known as the “ABC Test” and announced in the Court’s 2018 decision… Read More
Can employers mandate the vaccine? Yes. Should they? That is a different question.
Employers have had to navigate the ever-changing regulations and laws regarding employment during the COVID-19 pandemic. From ensuring safe workplaces, to complying with reporting regulations, to dealing with leaves of absence, employers have had to stay on top of COVID-19 regulations while continuing to run their businesses. Now, employers are facing yet another challenge –… Read More
California Approves Emergency COVID-19 Regulations
On December 1, 2020, the six-member board overseeing California’s Division of Occupational Safety and Health (“Cal-OSHA”) approved emergency COVID-19 safety regulations governing most employers and places of employment in California, with three exceptions: (1) places of employment with one employee who does not have contact with other persons; (2) employees working from home; and (3)… Read More
California’s New Bankruptcy Law (AB 1885) Impacts Employers and Employees
PAGA + COVID = More Business Closures and Bankruptcies As readers of this blog know, California’s unique and complex employment laws can, if violated, trigger an avalanche of back-due wages, penalties, liquidated damages, attorneys’ fees, and interest. As a result, well-counseled California employers – and particularly California small business employers – who get hit with… Read More
Under AB 685, Employers Have New COVID-19 Reporting Requirements
We recently blogged about SB 1159 here, which expanded protections for employees potentially exposed to COVID-19 in the workplace. On September 17, 2020, Governor Newsom also signed into law AB 685, which provides additional requirements for employers to report cases of COVID-19. AB 685 will not take effect until January 1, 2021; therefore, employers have… Read More
