A California jury just punished a private school that expelled two students for off-campus activity with a $1 million dollar verdict – an outcome that should compel schools around the country to ensure they are applying due...more
The recent collapse of Silicon Valley Bank highlights many of the concerns that employers might face should they find themselves in the midst of a liquidity crisis. Making payroll, arriving at decisions related to wage...more
3/14/2023
/ Business Operations ,
Corporate Counsel ,
Employee Benefits ,
Employer Liability Issues ,
Furloughs ,
Hiring & Firing ,
Involuntary Reduction in Force ,
Labor Relations ,
Layoffs ,
Liquidity ,
Notice Requirements ,
Unemployment Benefits ,
Wage and Hour
It’s never easy to make accurate predictions about what we might expect to see in the workplace in the coming year. After all:
- At the start of 2020, no one could have predicted COVID-19.
- None of us had heard the phrase...more
11/1/2022
/ Affirmative Action ,
Background Checks ,
Blockchain ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Corporate Governance ,
Cryptocurrency ,
Cybersecurity ,
Data Security ,
Employee Benefits ,
Employee Privacy Rights ,
Employee Retention ,
Employer Liability Issues ,
Employment Policies ,
Fair Credit Reporting Act (FCRA) ,
Federal Contractors ,
Gig Economy ,
Hiring & Firing ,
Immigration Procedures ,
Labor Relations ,
Leave of Absence ,
Pay Equity Laws ,
Reasonable Accommodation ,
Trade Secrets ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
When San Francisco’s new Public Health Emergency Leave Ordinance (PHELO) went into effect on October 1, employers were required to begin offering paid leave to employees working in San Francisco during “public health...more
The California Supreme Court just made things a bit more difficult for employers by lowering the bar and making it easier for disgruntled employees and ex-employees to bring state whistleblower claims against businesses. The...more
2/2/2022
/ Adverse Employment Action ,
Burden of Proof ,
CA Supreme Court ,
Clear and Convincing Evidence ,
Employer Liability Issues ,
Employment Litigation ,
Hiring & Firing ,
McDonnell Douglas Formula ,
Preponderance of the Evidence ,
Retaliation ,
Whistleblower Protection Policies ,
Whistleblowers
Educational institutions across the country are facing an upcoming compliance deadline as the mandate-or-test workplace vaccine emergency rule will soon take effect (pending the outcome of ongoing litigation). The rule will...more
11/10/2021
/ Colleges ,
Coronavirus/COVID-19 ,
Covered Employer ,
Educational Institutions ,
Employer Mandates ,
Employment Policies ,
OSHA ,
Professors ,
Reasonable Accommodation ,
Religious Accommodation ,
Remote Working ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Universities ,
Vaccinations ,
Virus Testing ,
Workplace Safety
California Governor Gavin Newsom announced a new emergency order on October 1 requiring all students in both public and private schools to get the COVID-19 vaccine once fully authorized by the Federal Drug Administration...more
San Francisco Mayor London Breed just announced enhancements to the city’s Department of Public Health Order setting forth new vaccination requirements for high-contact indoor business such as gyms, restaurants, bars, and...more
8/13/2021
/ Coronavirus/COVID-19 ,
Covered Employer ,
Employer Liability Issues ,
Employment Policies ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Public Health ,
Reporting Requirements ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The California Department of Public Health just issued a Public Health Order requiring all public and private school teachers and school staff serving students in kindergarten through 12th grade to either show proof of full...more
Thanks to new guidance just issued by state health officials, students and staff at California’s K-12 schools will be required to wear masks at the beginning of the upcoming school year regardless of vaccination status. The...more
The Centers for Disease Control and Prevention (CDC) just substantially relaxed its pandemic guidance for K-12 schools. While certain restrictions remain and the guidance may continue to evolve in the coming months,...more
7/13/2021
/ Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Health and Safety ,
Masks ,
New Guidance ,
Re-Opening Guidelines ,
School Districts ,
School Policies ,
Students ,
Teachers ,
Vaccinations
With less than a month left in the school year, yesterday’s guidance from the Centers for Disease Control and Prevention (CDC) stating that fully vaccinated people no longer need to wear a mask or physically distance, was met...more
5/14/2021
/ Centers for Disease Control and Prevention (CDC) ,
Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Masks ,
School Districts ,
Students ,
Universities ,
Vaccinations ,
Workplace Safety
In a win for employers, the U.S. Court of Appeal for the 9th Circuit just ruled that heightened penalties for subsequent violations under California’s Private Attorney General Act (PAGA) cannot be imposed until the employer...more
New York Senator Kristen Gillibrand and Connecticut Representative Rose DeLauro recently introduced the Family and Medical Insurance Leave (FAMILY) Act in Congress, a proposed law that would mandate partially paid leave for...more
The Oakland City Council approved this week a Hazard Pay Ordinance requiring certain grocery store employers to pay an additional $5.00 per hour in hazard pay for all part-time and full-time employees, and comply with other...more
2/5/2021
/ Anti-Retaliation Provisions ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Essential Workers ,
Exemptions ,
Grocery Store Workers ,
Grocery Stores ,
Hazard Pay ,
Infectious Diseases ,
Local Ordinance ,
Notice Requirements ,
Operators of Essential Services ,
Wage and Hour
The San Francisco Board of Supervisors has just unanimously approved a proposed ordinance prohibiting retaliation against San Francisco employees who missed work after contracting or being suspected of contracting COVID-19....more
California Governor Gavin Newsom just announced a Regional Stay Home Order on December 3 that could soon have a dramatic impact on businesses in the state. Unlike previous orders, the Regional Stay Home Order focuses on...more
12/4/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Furloughs ,
Governor Newsom ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Public Health ,
Quarantine ,
Shelter-In-Place ,
Workplace Safety
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
The California Legislature is expected to pass legislation yesterday that would provide up to 80 hours of supplemental paid sick leave to millions of California workers for reasons related to COVID-19. Mirror Senate and...more
9/1/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Paid Leave ,
Paid Time Off (PTO) ,
Pending Legislation ,
Quarantine ,
Sick Employees ,
Sick Leave ,
State Labor Laws ,
Supplemental Benefits ,
Wage and Hour
The San Francisco Board of Supervisors just passed the Back-to-Work Emergency Ordinance aimed at guaranteeing reemployment to certain workers who were laid off by covered employers due to the COVID-19 pandemic. This Ordinance...more
Given the uncertainty surrounding the spread of COVID-19, efforts to contain it, and ever-changing health and safety guidelines, schools need to act quickly to address not only the current situation but also the new...more
6/3/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Employer Liability Issues ,
Hiring & Firing ,
NLRA ,
Protected Activity ,
Return-to-Work Agreements ,
Risk Mitigation ,
School Districts ,
Universities
As the country begins to re-emerge amid the COVID-19 pandemic, whether and when any particular school will be ready to return for the upcoming school year and at what level will depend on the individual school, its location,...more
5/22/2020
/ Colleges ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Employer Responsibilities ,
Health and Safety ,
Personal Protective Equipment ,
Professors ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
School Districts ,
School Policies ,
Social Distancing ,
Students ,
Teachers ,
Tuition ,
Universities ,
Virus Testing ,
Workplace Safety
Following his announcement that the state could begin gradually reopening, California Governor Gavin Newsom recently released the first stages of the plan. Notably, the California Department of Public Health and Cal/OSHA...more
Six Bay Area counties and the city of Berkeley officially announced an extension of the regional COVID-19 Shelter-in-Place Orders through May 31, 2020. The new Orders ease operating restrictions, allowing construction...more
5/1/2020
/ Construction Industry ,
Construction Project ,
Coronavirus/COVID-19 ,
Employer Responsibilities ,
Health and Safety ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
State and Local Government ,
Workplace Safety
Mayor Breed just announced a plan to allow employees in San Francisco to now use funds their employers have contributed in compliance with San Francisco’s Health Care Security Ordinance for necessary expenses such as food,...more