The allure of doing business in California is undeniable. It is the world’s fifth largest economy (moving toward fourth) and a market of more than 39 million people. For employers, however, California presents unique...more
1/20/2023
/ Age Discrimination ,
Anti-Harassment Policies ,
Bereavement Leave ,
California ,
California Family Rights Act (CFRA) ,
Disability Discrimination ,
Employment Discrimination ,
Fair Chance Act ,
Fair Pay Act ,
Fair Workweek ,
FEHA ,
Lactation Accommodation ,
Minimum Wage ,
Over-Time ,
Paid Leave ,
Reasonable Accommodation ,
Rest and Meal Break ,
Rounding ,
State Labor Laws ,
Wage and Hour ,
Wage Theft ,
Work Schedules ,
Workplace Safety
The short answer to the big question of whether an employer can require employees to get vaccinated is: Yes. But that is only the beginning of the analysis.
The U.S. Equal Employment Opportunity Commission (EEOC) issued...more
Effective July 1, 2021, San Francisco’s minimum wage increases to $16.32. This is an increase of 25 cents from the prior minimum wage ($16.07). The increases are tied to increases in the Consumer Price Index...more
The U.S. Occupational Safety and Health Administration issued its interim final rule on June 10, 2021, addressing occupational exposure to COVID-19 in health care settings (“the rule”).
The rule, which exceeds 900 pages...more
6/14/2021
/ Anti-Retaliation Provisions ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Healthcare Workers ,
Masks ,
New Guidance ,
OSHA ,
Recordkeeping Requirements ,
Risk Management ,
Vaccinations ,
Ventilation Systems ,
Workplace Safety
On April 1, 2020, the U.S. Department of Labor (DOL) published temporary regulations under the Families First Coronavirus Response Act (FFCRA) that are intended to clarify the scope and application of leaves under the FFCRA...more
1/13/2021
/ Caregivers ,
Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Intermittent Leave ,
Paid Leave ,
Sick Leave ,
Sick Pay
On December 16, 2020, the U.S. Equal Employer Opportunity Commission (EEOC) issued a much-anticipated guidance to employers considering mandatory vaccinations for COVID-19. While it will be months before vaccines are...more
12/28/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Good Faith ,
Reasonable Accommodation ,
Religious Exemption ,
Required Documentation ,
Title VII ,
Vaccinations ,
Wage and Hour
On April 1, 2020, the U.S. Department of Labor (DOL) published temporary regulations under the Families First Coronavirus Response Act (FFCRA) that are intended to clarify the scope and application of leaves under the FFCRA...more
9/15/2020
/ Caregivers ,
Child Care ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EFMLA ,
Enforcement ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health Care Providers ,
Intermittent Leave ,
Paid Leave ,
Sick Leave ,
Sick Pay
As fires rage across the Western United States, I find myself spending more time monitoring air quality. In the good old days, that used to mean looking outside to see if the sky was clear or hazy. Now it involves checking...more
As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that it’s a complicated issue. So starting about...more
8/31/2020
/ Arbitration ,
Arbitration Agreements ,
Attorney's Fees ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Epic Systems Corp v Lewis ,
Hiring & Firing ,
Jury Trial ,
Policies and Procedures ,
Wage and Hour
Compare restrictive covenant laws and regulations across the United States with Fox Rothschild's interactive 50-state National Survey on Restrictive Covenants, produced by the attorneys of our Securities Industry Group and...more
On April 1, 2020, the U.S. Department of Labor (DOL) published temporary regulations under the Families First Coronavirus Response Act (FFCRA) that are intended to clarify the scope and application of leaves under the FFCRA...more
Thanks to Rosa Hernandez, a summer associate and soon-to-be 3rd-year student at UC Berkeley Law School for this post.
Be honest, you’re getting sick of quarantine with your kids right? It’s okay, we won’t tell anyone....more
Governor Gavin Newsom announced on Twitter today that the state is rolling back its reopening plans. As a result, restaurants, wineries, movie theaters, family entertainment centers (e.g., bowling alleys, miniature golf,...more
So many aspects of daily life and doing business have changed during this global pandemic. If you have employees in California, it's time for your Injury and Illness Prevention Plan (IIPP) to change, too.
By way of...more
Governor Gavin Newsom issued an executive order on May 6, 2020 that creates a rebuttable presumption that employees working outside the home who contract COVID-19 became infected at work. They would therefore be entitled to...more
San Francisco and San José are the latest California cities, as of April 7, 2020, to pass ordinances mandating that employers provide emergency paid sick leave to their employees. Both ordinances aim to protect the local...more
On April 1, 2020, the U.S. Department of Labor (DOL) published temporary regulations under the Families First Coronavirus Response Act (FFCRA) that are intended to clarify the scope and application of leaves under the FFCRA...more
AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from...more
AB 51, which restricts workplace arbitration, was scheduled to take effect on January 1, 2020. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary restraining order to prevent the legislation from...more
We’ve noted before that AB 51 – the California legislature’s latest attempt to attack workplace arbitration – has significant legal flaws. On December 30, 2019, US District Judge Kimberly Mueller granted a temporary...more
The allure of doing business in California is undeniable. It is the world’s sixth largest economy and a market of more than 36 million people. For employers, however, California presents unique challenges because its laws...more
12/20/2019
/ Exempt-Employees ,
Lactation Accommodation ,
Minimum Wage ,
Over-Time ,
Paid Family Leave Law ,
Parental Leave ,
Pregnancy ,
Rest and Meal Break ,
State Labor Laws ,
Vacation Leave ,
Wage and Hour ,
Wage Deductions ,
Wage Statements
We’ve been blogging about attacks on workplace arbitration for over ten years now. AB 51 represents the latest attempts by plaintiffs’ attorneys to ensure that their clients have continued access to employee-friendly juries,...more
As of January 1, 2020, licensed cannabis companies in California with 20 or more employees will have 60 days to certify that they’ve entered into a “labor peace agreement” with a “bona fide labor organization.” Otherwise,...more
We’ve been talking a lot about employment arbitration since the passage of AB 51. We’ve discussed the bill itself, and we’ve reassessed the pros and cons of workplace arbitration since its passage. But what’s all the fuss...more
With the passage of AB 51, which we discussed in yesterday’s post, it’s understandable for employers and HR professionals to be asking if mandatory workplace arbitration still makes sense. After all, according to the new bill...more