After months of calls for modification to Cal/OSHA’s Emergency Temporary Standard (ETS), California is about to adopt significant changes to the standard in light of the changing nature of the COVID-19 pandemic and the...more
5/19/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Employee Housing ,
Employer Responsibilities ,
Employment Policies ,
Exclusions ,
Exemptions ,
Health and Safety ,
Masks ,
Notice Requirements ,
Occupational Exposure ,
Sick Employees ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
The latest COVID-19 stimulus package, the American Rescue Plan Act (ARPA), contains a myriad of provisions to provide relief to individuals and employers – including some important changes to employer tax credits that have...more
The California Legislature just approved a measure that dramatically extends and expands a requirement for employers to provide supplemental paid sick leave to employees impacted by COVID-19. Among other things, this new...more
After several weeks of tense negotiations and legislative twists and turns, President Biden’s latest COVID-19 stimulus package – the American Rescue Plan – has been passed by Congress and will become law once the president...more
3/10/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Multiemployer Plan ,
Pensions ,
Popular ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Benefits ,
Unions ,
Vaccinations ,
Wage and Hour
In the early morning hours of Saturday, February 27, the U.S. House of Representatives passed President Biden’s $1.9 trillion latest COVID-19 stimulus bill, containing a slew of employment-related initiatives that could have...more
3/1/2021
/ Biden Administration ,
COBRA ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Multiemployer Plan ,
Pensions ,
Popular ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Benefits ,
Unions ,
Vaccinations ,
Wage and Hour
President-elect Biden has unveiled an ambitious legislative package that would serve to not only provide a third wave of economic stimulus relief to address the impacts of the COVID-19 pandemic but also transform the American...more
1/21/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employment Policies ,
Financial Stimulus ,
Legislative Agendas ,
Minimum Wage ,
Paid Leave ,
Relief Measures ,
Small Business ,
Tax Credits ,
Unemployment Insurance ,
Vaccinations ,
Wage and Hour ,
Workplace Safety
California Occupational Safety and Health (Cal/OSHA) further updated its COVID-19 Emergency Temporary Standards Frequently Asked Questions late last week in an attempt to provide more clarification and answer questions the...more
1/12/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employee Benefits ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Quarantine ,
Return-to-Work Agreements ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
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
After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more
7/27/2020
/ Bereavement Leave ,
Burden of Proof ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retention ,
Employer Liability Issues ,
Executive Orders ,
Governor Newsom ,
Health and Safety ,
Hiring & Firing ,
Independent Contractors ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Local Ordinance ,
Misclassification ,
Notice Requirements ,
Paid Leave ,
Pay Data ,
Pending Legislation ,
Reporting Requirements ,
Sick Leave ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour ,
Wage Theft ,
WARN Act ,
Workers' Compensation Claim ,
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 U.S. Department of Labor issued a new rule yesterday to regulate the Families First Coronavirus Relief Act (FFCRA) and the paid leave programs that just became law on April 1, 2020. We’ve digested the 124-page document...more
4/3/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Healthcare Workers ,
New Rules ,
Paid Leave ,
Rate of Pay ,
Required Documentation ,
Shelter-In-Place ,
Sick Leave ,
Small Business ,
Wage and Hour
The Department of Labor (DOL) continues to update its guidance document on implementation of the Families First Coronavirus Response Act (FFCRA), and the latest update caught many employers by surprise. The updated document...more
Businesses struggling with the economic impact of the COVID-19 pandemic crisis received good news late last night when the Senate passed an unprecedented piece of legislation aimed at providing a massive stimulus to...more
3/31/2020
/ CARES Act ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employee Retention ,
Federal Labor Laws ,
Paid Leave ,
Payroll Taxes ,
Small Business ,
Small Business Loans ,
Tax Credits ,
Unemployment Benefits ,
Unemployment Insurance ,
Wage and Hour
The Senate passed the Families First Coronavirus Response Act today, an economic stimulus plan aimed at addressing the impact of the COVID-19 outbreak on Americans and introducing paid sick leave and an expanded family and...more
3/18/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
Health and Safety ,
Infectious Diseases ,
Medical Testing ,
New Legislation ,
Paid Leave ,
Paid Sick Leave Act ,
Paid Time Off (PTO) ,
Public Health ,
Sick Leave ,
Tax Credits ,
Trump Administration ,
Unemployment Insurance ,
Wage and Hour ,
Workplace Safety
In an effort to boost the government’s response to the COVID-19 coronavirus outbreak, the U.S. House of Representatives passed the Families First Coronavirus Response Act Saturday, March 14th, an economic stimulus plan aimed...more
3/16/2020
/ Caregivers ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Benefits ,
Employment Policies ,
Family and Medical Leave Act (FMLA) ,
Federal Labor Laws ,
Health and Safety ,
Infectious Diseases ,
Medical Testing ,
Paid Leave ,
Pending Legislation ,
Public Health ,
Sick Leave ,
Tax Credits ,
Trump Administration ,
Unemployment Insurance ,
Unpaid Leave ,
Wage and Hour ,
Workplace Safety
After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more
3/2/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Exemptions ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
State Labor Laws ,
Wage and Hour
Wednesday, January 8th, saw a state court conclude that California’s controversial new misclassification law doesn’t apply to truck drivers, the second time in the last few weeks that a judge has come down hard on AB-5 for...more
1/10/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Preemption ,
State Labor Laws ,
Wage and Hour
It’s been a long legislative year. And this being Governor Newsom’s first term in office, many observers have been anxiously awaiting to see what approach he takes when it comes to labor and employment legislation. Now all of...more
9/23/2019
/ ABC Test ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
Pending Legislation ,
State Labor Laws ,
Wage and Hour
It’s been tough to keep up with developments concerning the fallout from the Dynamex case and California’s new ABC test for determining employee/independent contractor status. The past few months have seen several recent...more
7/12/2019
/ ABC Test ,
CA Supreme Court ,
Carve Out Provisions ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Opinion Letter ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Orders
It’s been a busy week on the Dynamex front, and the news for businesses continues to get worse. As we recently discussed, the 9th Circuit held just last week that Dynamex and the ABC test should be applied retroactively. The...more
February 22 was the last day to introduce new legislative proposals for the 2019 California legislative year. A whopping 2,576 bill were introduced before the deadline, making for an extremely busy legislative year ahead....more
2/27/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
California Consumer Privacy Act (CCPA) ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Breach ,
Data Privacy ,
Data Protection ,
Data Security ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Governor Brown ,
Governor Vetoes ,
Hiring & Firing ,
Independent Contractors ,
Legislative Agendas ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Marijuana ,
Medical Marijuana ,
Misclassification ,
Paid Family Leave Law ,
Paid Leave ,
Proposed Legislation ,
Proposed Regulation ,
Reasonable Accommodation ,
Sexual Harassment ,
Sick Leave ,
State Labor Laws ,
Wage and Hour
As we discussed recently, the November midterm elections have resulted in a divided Congress that is unable to pass significant employment legislation. This means we are likely to see the drive for legislative changes pursued...more
1/16/2019
/ Corporate Counsel ,
Equal Pay ,
Gender-Based Pay Discrimination ,
Hiring & Firing ,
Legislative Agendas ,
Local Ordinance ,
Pay Equity Laws ,
Pending Legislation ,
Proposed Legislation ,
Salary/Wage History ,
State Labor Laws ,
Wage and Hour
While much of the attention this midterm election has been focused on Congress and federal issues - the “blue wave” and a “referendum” on the Trump presidency - California employers know all too well that employment and labor...more
11/7/2018
/ #MeToo ,
ABC Test ,
Administrative Appointments ,
Arbitration ,
Corporate Counsel ,
Earned Income Credit ,
Earned Income Tax ,
Election Results ,
Employee Benefits ,
Employment Litigation ,
Employment Policies ,
Entrepreneurs ,
Freelance Workers ,
Gender Discrimination ,
Gender Equity ,
General Elections ,
Gig Economy ,
Governor Vetoes ,
Governors ,
Health Insurance ,
Healthcare ,
Immigration Procedures ,
Independent Contractors ,
Law Enforcement ,
Legislative Agendas ,
Misclassification ,
Pay Equity Laws ,
Pay Gap ,
Political Candidates ,
Popular ,
Portable Benefits ,
Presidential Nominations ,
Sexual Harassment ,
State and Local Government ,
State Budgets ,
State Labor Laws ,
Undocumented Immigrants ,
Wage and Hour ,
Work Visas