On April 20, 2020, the U.S. Department of Labor (“DOL”) announced that it was ending its temporary period of non-enforcement of the paid leave protections established by the Families First Coronavirus Response Act (“FFCRA”) and issued additional guidance regarding the operation of the paid leave provisions of the new law. The End of Non-Enforcement The… Read More
Posts Categorized In: Compensation and Benefits
San Francisco Enacts Paid Leave Law for Employees at Large Companies
On April 17, 2020, Mayor London Breed signed the San Francisco Public Health Emergency Leave Ordinance (“PHELO”), which was previously passed by San Francisco’s Board of Supervisors on April 14, 2020. The PHELO became effective immediately, and San Francisco’s Office of Labor Standards Enforcement (“OLSE”) issued guidelines regarding its provisions the very next day. The… Read More
uWait, uWork, iPay
The California Supreme Court recently clarified that California law requires that Apple Inc. pay its workers for all time they spend waiting to be searched before leaving Apple retail stores. In Frlekin v. Apple, Inc., workers at Apple’s retail stores filed a class action lawsuit against Apple Inc. in federal court asserting that they had… Read More
U.S. Department of Labor Issues Guidance on the FFCRA
As we discussed in a previous blog post which you can find here, the federal Families First Coronavirus Response Act (“FFCRA”) created two new paid leave entitlements employees working in companies with fewer than 500 employees. We are referring to these new entitlements as Emergency FMLA Leave and Emergency Paid Sick Leave, respectively. Since the… Read More
When “Shelter At Home” Includes “Work From Home” – Legal and Practical Issues
Many businesses have some experience with employees working remotely whether from allowing certain employees to telecommute, employees traveling for business, or otherwise. Until recently, though, very few California employers had 100% of their workforce working remotely. The COVID-19 pandemic has abruptly changed that. Today—and for the indefinite future—all California employers in “non-essential” businesses who are… Read More
New Guidance On Paid Sick Leave for San Francisco Employees
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 “Families First Coronavirus Response Act” Creates Two New Kinds of Paid Leave
On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (“FFCRA”) 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 FFCRA called The Emergency Family and Medical Leave Expansion Act… Read More
McDonald’s Settles Class Action Wage/Hour Case for $26 Million
McDonald’s recently agreed to pay $26 million to settle allegations that it had violated California’s wage and hour laws. The case was pending for 7 years and involved a class of 38,000 cooks and cashiers working at corporate-owned locations throughout California. McDonald’s always denied any violations of the California Labor Code, but McDonald’s nonetheless finally… Read More
California Passes SB 78, a Statewide Version of Obamacare
Effective January 1, 2020, and as a result of the passage of Senate Bill (“SB”) 78, California now has a statewide healthcare mandate that is similar to the federal Affordable Care Act (“ACA”). Like the federal ACA, California’s new mandate requires most California residents to purchase and maintain “minimum essential coverage” for healthcare. Also like… 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
