California is preparing to reopen, and employers are readying to welcome their workforce back to offices. One of the biggest questions on the minds of many business owners is how to bring their workforce back together in “real time” while still maintaining the safety of all employees, as they are fundamentally obligated under Cal-OSHA to… Read More
Posts Categorized In: Employment Law Advice & Counsel
Supplemental Paid Sick Leave is Back in California – What Employers Need to Know
In September 2020, Governor Newsom signed AB 1867 into law, which created Supplemental Paid Sick Leave (“SPSL”) rights for millions of California employees who were not eligible for such leave under the federal Families First Coronavirus Response Act (“FFCRA”). We blogged about AB 1867 here. Since AB 1867 expired on December 31, 2020, as did… Read More
Close Only Counts in Horseshoes and Hand Grenades – Not Meal Periods
In the most significant meal periods decision in almost ten years, the California Supreme Court on February 25, 2021 decided Donohue v. AMN Services, LLC. While the Court in Donohue made clear that as long as meal periods are provided, employers do not have to “police” employees and force them to take meal periods, the… Read More
How the New “American Rescue Plan Act” Impacts Employers and Employees
Now that President Biden has signed the American Rescue Plan Act (“ARPA”) into law, we’ve had the chance to review the massive legislation. And we’ve discovered some little-known provisions in the law that directly impact employers and employees. Here’s a quick summary of those provisions: Incentives for Employers to Offer Paid Sick Leave As we… Read More
Cal-OSHA Provides Additional Guidance for Employers Regarding COVID-19 Emergency Temporary Standards
On November 30, 2020, California’s Division of Occupational Safety and Health (Cal-OSHA) adopted a set of COVID-19 Emergency Temporary Standards (“ETS”), which became effective immediately. The ETS require employers to take various actions to protect their workplaces from COVID-19. You can read our previous blog post about the ETS here. On December 1, 2020, Cal-OSHA… Read More
California Supreme Court Rules That Dynamex Applies Retroactively
California employers face even more liability now for misclassifying workers as “independent contractors.” That’s because the California Supreme Court recently ruled in Vasquez v. Jan-Pro Franchising, Inc. that the test for determining whether a worker qualifies as an employee or independent contractor – known as the “ABC Test” and announced in the Court’s 2018 decision… Read More
New Year, New Laws: Coming Soon to a Workplace Near You
The new year is right around the corner, and with it comes a host of new and amended laws for California employers. As we blogged about previously, numerous California employment laws changed in 2020 – COVID-19-related AB 685, AB 1867 and SB 1159, expansions to California’s Family Rights Act in SB 1383, new exemptions relating… Read More
Silent but Deadly? AB 1947 Packs a Punch for Retaliation Claims
With little public recognition in light of the ongoing pandemic-related legislation, Governor Newsom recently approved AB 1947 – legislation that will have significant impact on employers. AB 1947 amends two specific provisions of the Labor Code relating to employee retaliation claims – Section 98.7, which enables workers to file retaliation claims with the Labor Commissioner,… Read More
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, employers are facing yet another challenge –… Read More
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, discriminate against, or retaliate against an employee… Read More
