In response to COVID-19, Governor Newsom issued Executive Order N-62-20 on May 6, 2020. That order created a “rebuttable presumption” that certain employees who suffer a COVID-19 related illness or injury would be presumed to have contracted the virus in the course and scope of employment for purposes of applying for and receiving workers’ compensation… Read More
Governor Signs SB 1383 and Extends CFRA Leave to Employees at Small Businesses
On September 17, 2020, Governor Newsom signed into law SB 1383, radically altering the business and employment law landscape for small California employers. SB 1383 – which goes into effect on January 1, 2021 – significantly expands the reach of California’s Family Rights Act (CFRA), now mandating that employers with 5 or more employees must… Read More
Governor Newsom Expands COVID-19 Leave Entitlements for Many California Workers
On September 9, 2020, Governor Newsom signed AB 1867 into law, which, in part, supplements the federal Families First Coronavirus Response Act (“FFCRA”) enacted earlier this year. (For background on the FFCRA, see our previous blog posts here, here, and here). Specifically, AB 1867 creates Supplemental Paid Sick Leave (“SPSL”) rights for millions of California… Read More
Governor Newsom Signs AB 2257 Granting New and Expanded Exemptions to California’s Independent Contractor Law (AB 5)
As readers of this blog know, one year ago California’s Governor signed AB 5 into law, which mandated the “ABC Test” for determining whether a worker was an employee or an independent contractor. The signing of AB 5 into law was a watershed moment for California businesses and workers because the new “ABC Test” was… Read More
U.S. Supreme Court: No Separation of Church and Employer
In July, the U.S. Supreme Court ruled on two important cases relating to religion and employment. In both decisions, the Court came down squarely on the side of religious freedom, ruling in favor of employers. In Our Lady of Guadalupe School, two teachers brought employment discrimination claims against their former employers, both of which were Catholic… Read More
Quit When You’re Ahead – An Expensive Lesson for One California Employer
In case there was any doubt, the California Court of Appeal recently delivered an expensive reminder of its pro-employee stance. Timothy King, a former Regional President for U.S. Bank, was recently awarded $15.6 million in damages based on a jury’s finding that U.S. Bank defamed and wrongfully terminated him in order to avoid paying him… Read More
Reopening Safely: The California “COVID-19 Playbook” for Employers
On July 28, the State of California published a helpful resource for employers – the “COVID-19 Employer Playbook: Supporting a Safer Environment for Workers and Customers.” Many of our clients have confessed to feeling some measure of “COVID Weariness” – the feeling of being overwhelmed and exhausted by the nonstop onslaught of information that is… Read More
Note to Employers: Craft Your Arbitration Agreements Carefully
A recent Court of Appeal decision underscores the importance of reviewing severability provisions in arbitration agreements. In Kec V. Superior Court, Plaintiff Nichole Kec brought individual, class, and Private Attorneys General Act (“PAGA”) claims against her former employer, defendants R.J. Reynolds Tobacco Company and Reynolds American, Inc. (“Reynolds”), as well as three individual employees at… Read More
The Skies Just Got Friendlier for Employers
On June 29, 2020, the California Supreme Court ruled in favor of employers in a trio of cases involving flight attendants and pilots who brought various wage and hour claims (both individual and PAGA) against their respective airline employers for non-compliant wage statements and other violations of California’s Labor Code. Each of the cases was… Read More
Litigating From Home: The New Normal Thanks to COVID-19
The 2020 global pandemic has brought many rapid changes to the world – and that includes changes to courtrooms and trial across California. COVID-19 has wrought havoc on our court system here in California, forcing many cases (other than the most urgent and life-threatening) to grind to a halt, for months. Now, both state and… Read More
