After repeatedly denying requests to decide the same issue, the U.S. Supreme Court has finally agreed to review the rule prohibiting California Private Attorneys General Act (PAGA) waivers in individual arbitration...more
Just in time to frighten hospitality employers, the U.S. Department of Labor just issued its final rule regarding tipped wages, reinstituting a worker-friendly rule that will cause challenges for most businesses utilizing the...more
California Governor Gavin Newsom signed into law on Friday a statewide right of recall for employees in certain industries who were laid off due to effects of the COVID-19 pandemic. SB 93, which enacts Labor Code Section...more
The restrictions placed on indoor occupancy in response to the COVID-19 pandemic have forced businesses to think creatively in order to stay open. Businesses across all sectors have turned to technology in adapting to their...more
Imagine this: COVID-19 restrictions on indoor dining have lifted, you walk in to your favorite restaurant, and instead of seeing bussers patrolling tables, you see a three-foot tall robot scooting around the floor. No, you...more
The pandemic and government shutdowns/restrictions continue to have a devastating effect on hospitality employers after a catastrophic 2020. As the industry works to recover in 2021, it looks increasingly likely that...more
1/5/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Family Medical Leave ,
Hospitality Industry ,
Hotels ,
Joint Employers ,
Labor Regulations ,
Labor Relations ,
OSHA ,
Paid Leave ,
Pay Equity Laws ,
Restaurant Industry ,
Unions ,
Wage and Hour ,
Workplace Investigations ,
Workplace Safety
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
A class action lawsuit filed in Los Angeles County alleges that a seafood company exposed seasonal employees to COVID-19 and then forced them, with the help of a hotel, to quarantine in hotel rooms against their will – and...more
The restaurant industry has been severely impacted by state shutdown orders. As states start reopening businesses, it is vital to know the applicable rules that apply to your location or locations. Whether you operate a...more
7/1/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Food Service Workers ,
Health and Safety ,
Masks ,
Paid Leave ,
Re-Opening Guidelines ,
Restaurant Industry ,
Sick Leave ,
State Labor Laws ,
Virus Testing ,
Workplace Safety
The Centers for Disease Control and Prevention (CDC) recently released a flowchart-style decision tool to assist employers in the food service industry reopen during the pandemic. The flowchart addresses what steps...more
Claiming that her employer prohibited her from wearing a face covering at work despite federal recommendations and local orders that such coverings should be worn by employees, a Texas cook just sued the restaurant that she...more
Following his announcement that the state could gradually begin reopening during the first stages of the plan, Governor Newsom issued updated guidance yesterday that includes allowing certain businesses, such as dine-in...more
5/13/2020
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Governor Newsom ,
Guidance Update ,
Health and Safety ,
Infectious Diseases ,
Public Health ,
Re-Opening Guidelines ,
Restaurant Industry ,
Social Distancing ,
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
It took less than a month for the plaintiffs’ bar to seize upon what is likely to be the first of many COVID-19-related class action lawsuits alleging violations of the Worker Adjustment and Retraining Notification Act, also...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) just provided safety tips and best practices for restaurants and other food and beverage businesses, limited by government orders to curbside...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
San Francisco and San Jose have joined the growing list of local California jurisdictions to adopt COVID-19-specific paid sick leave measures impacting employer and employees who operate in the local areas. In general, these...more
The California Department of Industrial Relations Division of Occupational Safety & Health (DOSH), or Cal/OSHA, just issued guidance for employers on COVID-19 infection prevention for agricultural workers. While the U.S. Food...more
The L.A. City Council just took two steps that will impact many grocery and retail food operations in the city. First, it passed the Grocery, Drug Retail and Food Delivery Worker Protection ordinance, offering workplace...more
Restaurants and hospitality businesses are on the front lines of dealing with the COVID-19 coronavirus outbreak. What should you consider in the coming days, weeks, and months to deal with the COVID-19 coronavirus crisis?...more
4/6/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Federal Labor Laws ,
Food Service Workers ,
Health and Safety ,
Hospitality Industry ,
Operators of Essential Services ,
Paid Leave ,
Public Health ,
Restaurant Industry ,
Sick Leave ,
State Labor Laws
The L.A. City Council just passed a COVID-19 Supplemental Paid Sick Leave law which provides up to 80 hours of supplemental paid sick leave to employees who work within the City of Los Angeles. This ordinance hasn’t been...more
Restaurants and Hospitality businesses are on the front lines of dealing with the COVID-19 coronavirus outbreak. What should you consider in the coming days, weeks, and months to deal with the COVID-19 coronavirus crisis?...more
3/18/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Hospitality Industry ,
Medical Testing ,
Paid Leave ,
Restaurant Industry ,
Sick Leave ,
State Labor Laws ,
Tax Credits ,
Unemployment Insurance ,
Unpaid Leave ,
Wage and Hour
On September 12, 2016, Governor Jerry Brown signed the Phase-In Overtime for Agricultural Workers Act of 2016 (AB 1066) into law, providing more stringent overtime protections for agricultural workers. California law...more