This is the final of a three-part series addressing the changes to California’s Private Attorneys General Act. In this part we discuss the Early Evaluation Conference....more
Earlier this month, Governor Gavin Newsom signed Senate Bill 92 and Assembly Bill 2288 which amended the California Private Attorneys General Act (PAGA). The new legislation is effective immediately....more
On January 9, 2024, the Wage and Hour Division of the United States Department of Labor announced a new rule pertaining to classifying a worker as either an employee or independent contractor under the Fair Labor Standards...more
Download PDF On December 15, 2022, the California Occupational Safety and Health Standards Board voted to adopt non-emergency COVID-19 prevention regulations (“New Regulations.”) The New Regulations, which went into effect...more
2/10/2023
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Regulatory Requirements ,
Workplace Safety
As many employers already know, California imposes several restrictions concerning pay disclosures. Labor Code Section 432.3 prohibits employers from inquiring into and relying on an applicant’s salary history and further...more
1/4/2023
/ Employees ,
Employer Liability Issues ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Job Applicants ,
Labor Code ,
Labor Commissioners ,
Labor Reform ,
New Legislation ,
Pay Equity Laws ,
Pay Gap ,
Pay Rates ,
Pay Transparency ,
State Labor Laws ,
Wage and Hour
Following the summer recess, the California Legislature enacted numerous state Senate and Assembly bills taking effect immediately, or in 2023. Here are some with a direct impact on California employers. (Info re other new...more
For the California Legislature, the summer recess is over, which means a host of new state Assembly and Senate bills for 2023....more
Given the current state of inflation, minimum wage increases in many California municipalities will be going into effect as of July 1, 2022....more
On April 21, 2022, the California Occupation Safety and Health Standards Board (Cal/OSHA) voted to re-adopt a revised version of the COVID-19 Emergency Temporary Standards (“ETS”). Once approved the revised ETS will go into...more
On December 16, 2021, California’s Division of Occupational Safety & Health (Cal/OSHA) approved revised and more restrictive COVID-19 Emergency Temporary Standards (ETS). The revised standards will go into effect January 14,...more
After a period of uncertainty and public backlash, the California Division of Occupational Safety and Health’s (Cal/OSHA’s) Board finally adopted revisions to the COVID-19 regulations on June 17, 2021....more
In November 2020, the California Division of Occupational Safety and Health (Cal/OSHA) issued COVID-19 regulations that required employers to follow certain procedures and safety precautions to protect employees from COVID-19...more
Following the one-year mark after the start of the pandemic, California’s Department of Fair Employment and Housing (DFEH) updated its COVID-19 Frequently Asked Questions to include long-awaited guidance regarding mandatory...more
On January 14, 2021, the California Supreme Court held that the ABC Test, as articulated in Dynamex, applies retroactively to claims under California’s Industrial Welfare Commission Wage Orders....more
In this ever-changing COVID-19 landscape, the prospect of employee vaccinations creates many questions and compliance concerns for employers. These concerns include whether, and to what extent, employers can and should...more
12/24/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Undue Hardship ,
Vaccinations
Welcome to the holiday season! Usually, this is the time we advise employers about holiday celebrations, provide warnings about serving alcohol during company parties, and field questions regarding employee time off requests....more
With COVID-19 infections increasing at alarming rates, employers are wondering how state and local restrictions will impact business operations. Below is a list of steps to help mitigate the spread of the virus, as we enter...more
On November 30, 2020, California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency regulations to protect workers from COVID-19. The regulations require employers to develop an investigation,...more
On January 1, 2020, the State of California increased the minimum wage to $13 per hour for employers with 26 or more employees and to $12 per hour for employers with 25 or fewer employees....more
In a 6-3 landmark decision by the United States Supreme Court, the Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964....more
6/22/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
We are now on the road to recovery – and the reopening of our businesses. Although most of us wish it were as easy as turning on a light switch, it will not be an overnight fix or a quick return to normal. Rather, it will be...more
Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
1. Can I ask employees to leave the workplace and stay home if I suspect they have COVID-19?
If an employee is exhibiting symptoms related to COVID-19 (i.e., cough, shortness of breath, fever) you may ask the employee to...more
With the number of Coronavirus cases increasing daily, many employers wonder what steps can and should be taken to protect their employees and customers, while still complying with California and Federal labor laws. Based on...more
3/10/2020
/ Adverse Employment Action ,
Anti-Discrimination Policies ,
Best Practices ,
Business Continuity Plans ,
Centers for Disease Control and Prevention (CDC) ,
China ,
Coronavirus/COVID-19 ,
Crisis Management ,
Emergency Management Plans ,
Employer Liability Issues ,
Flexible Work Arrangements ,
Health and Safety ,
Infectious Diseases ,
OSHA ,
Personal Protective Equipment ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Sick Leave ,
Telecommuting ,
Wage and Hour ,
Workplace Safety
California Governor Gavin Newsom signed groundbreaking legislation largely impacting mandatory arbitration agreements (Assembly Bill 51) and extending the deadline to file a harassment complaint from one to three years...more
10/16/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
DFEH ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Harassment ,
Labor Regulations ,
New Legislation ,
Preemption ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Statute of Limitations