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,…

Employees Who Are Victims of Crime or Abuse Get Additional Leave Rights

On September 28, 2020, Governor Gavin Newsom signed Assembly Bill (AB) 2992, which significantly expands the circumstances under which protected leave is available to California employees who are victims of crime or abuse.  California law already requires all employers to grant protected leave (meaning the employer cannot discharge,…

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;…

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…

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…

Court of Appeals Confirms That Arbitration Agreements Won’t Protect Employers from PAGA Litigation

California’s Private Attorneys General Act (“PAGA”) authorizes aggrieved employees to file lawsuits to recover civil penalties on behalf of themselves, other employees, and the State of California for violations of the California Labor Code.  Lawsuits brought under PAGA have resulted in employers paying millions of dollars in penalties that…

Governor Newsom Signs SB 1159 Extending Workers’ Compensation Benefits for Employees Who Contract COVID-19

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…

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…

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…

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…