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;…
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…
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…
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…
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…
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…
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…
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…
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…
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…