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
HR & Employment Law Blog
COVID-19 Provides A Chance to Hit the Reset Button on Everything, Including HR
The ongoing global pandemic has invaded nearly every aspect of our lives. Perhaps most notable is the way in which COVID-19 has reshaped the working world. No matter what your industry, chances are it looks starkly different now as compared to the pre-COVID era. Forbes contributor Susan Galer of SAP frames the transformation of the… 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
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 the state almost certainly would not have… Read More
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 of applying for and receiving workers’ compensation… Read More
Transitioning To A Permanent Remote Workforce? Here Are A Few Things To Consider
The COVID-19 pandemic has changed many aspects of everyone’s lives. Many of the major changes have taken place at the workplace. Employers were forced to scramble to create systems to allow employees to work remotely. Initially, this was a huge challenge for many employers, particularly those that had never allowed employees to work remotely prior… 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
How to Prevent WFH (Work from Home) from Becoming BFH (Burnout from Home)
When you’re working from the comfort of your own home (and perhaps – no judgment here! – your pajamas), and sparing yourself the hectic mornings of the past (think alarm snoozes and jam-packed highways), one would assume that you’re doing your mental health a favor, right? Wrong. A Huffington Post article published in July explains… 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