On March 24, 2020, the San Francisco Office of Labor Standards Enforcement (“OLSE”) issued guidance regarding how employees can use paid sick leave they have accrued pursuant to San Francisco’s local ordinance during the local health emergency San Francisco is experiencing due to the COVID-19 pandemic. San Francisco’s Paid Sick Leave Ordinance Under the San… Read More
The Federal “Coronavirus Response Act” Creates Two New Kinds of Paid Leave
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“Coronavirus Response Act”) into law. This post is focused on two provisions that will be of particular importance to employers. EMERGENCY EXPANSION OF THE FAMILY AND MEDICAL LEAVE ACT Under a portion of the Coronavirus Response Act called The Emergency Family and… Read More
The Coronavirus Pandemic — What Employers Need to Know
The novel coronavirus (also known as COVID-19) is impacting nearly every facet of daily life in most California communities, and employers are struggling to balance the competing interests of protecting their employees and their businesses while also doing their part to halt the spread of this highly contagious virus. On top of that difficult balancing,… Read More
Pay Your Arbitration Fees Late? Risk Losing Your Right to Arbitrate
Senate Bill (“SB”) 707, which became effective on January 1, 2020, creates substantial consequences for employers that fail to pay the costs and fees associated with the arbitration on time. Specifically, after January 1, 2020, an employer that fails to pay arbitration fees within 30 days after such fees are due will be held to… Read More
Employees Can Now Seek Civil Penalties For Late Wages
Starting January 1, 2020, California employees will be able to seek penalties from their employers directly for late payment of wages. If you are wondering thinking employees were already able to do that, you are partially right. On October 10, 2019, Governor Newsom signed Assembly Bill 673 (“AB 673”), which amends California Labor Code § 210… Read More
California Expands Employers’ Lactation Accommodation Requirements
On October 10, 2019, Governor Gavin Newsom signed SB 142 into law, which expands California employers’ obligations to accommodate employees who need to express breastmilk during the workday, most notably by adding a number of new requirements for the lactation space itself. The bill also establishes significant penalties for employers that fail to comply with… Read More
AB 9 Now Gives Employees 3 Years to Bring Harassment and Discrimination Claims
On October 10, 2019, Governor Gavin Newsom signed AB 9 into law. AB 9 extends the deadline for employees to file a charge of employment discrimination, harassment, or retaliation with the Department of Fair Employment and Housing (“DFEH”) from 1 year to 3 years. The new deadline is 3x longer than the current state requirement… Read More
New Employer Notification Obligations for FSA Accounts
Governor Gavin Newsom recently signed AB 1554 into law, which requires California employers who offer their employees Flexible Spending Accounts (“FSAs”) to provide their workers with two separate notices reminding them that they must use the funds in their FSAs before the end of the plan year or the funds will expire. Currently, federal law… Read More
Three New Cases on the Enforceability of Arbitration Agreements
In the employment context, an arbitration agreement is a contract between an employer and an employee in which the parties agree to resolve disputes in front of an arbitrator rather than in civil court. These agreements are often standard in new hire paperwork. Employers like arbitration because it is considered to be more efficient and… Read More
Recent FEHA Amendment on Fee-Shifting is Retroactive
As a direct response to the “Me Too” movement, California enacted a number of new laws in 2018 regarding workplace sexual harassment. This wave of legislation included an amendment to the section of the Fair Employment and Housing Act (“FEHA”) governing fee and cost awards, which was intended to make it more difficult for prevailing… Read More
