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West Hollywood, California Adopts Comprehensive Hotel Worker Ordinance with Right to Recall

Over the past few years, cities have started to implement workplace regulation, an area previously reserved to federal and state governments.  The hotel industry, which often is one of the primary drivers of a local economy,...more

Santa Clara County Phases Out Vaccination Benchmarking Mandate

On May 18, 2021, the Santa Clara County Health Officer issued an order (May Order) that included a first-of-its-kind vaccination benchmarking mandate. On June 21, 2021, the Health Officer issued another order (June Order)...more

Dear Littler: May We Ask Our Employees About Their COVID-19 Vaccination Status?

Dear Littler: We are a retail chain on the West Coast and are almost back to pre-COVID-19 operational levels. Now that vaccines are widely available, we’re hoping our workforce (and the public!) will soon be fully vaccinated....more

July is the New January: A Post-Pandemic Look at Emerging Labor and Employment Law Trends

The pandemic seems not to have slowed down state and local lawmakers.  Indeed, over 100 new labor and employment laws and ordinances are scheduled to take effect between July 1, 2021 and November 1, 2021. Notably, while some...more

Have You Been Vaccinated? Santa Clara County, California Issues Health Order Requiring Employers to Ascertain Employees’ Vaccine...

In the early days of the COVID-19 pandemic, health officials in several Northern California counties were among the first to act, issuing orders addressing public health and safety....more

California Adopts Statewide “Right to Recall” Law for Certain Industries

Just about a year ago, in the early weeks of the COVID-19 pandemic, economic activity in many sectors went from red hot to nearly frozen, seemingly overnight.  The hospitality industry was particularly hard hit, as business...more

California Supreme Court Reaffirms that ABC Test is Retroactive

On January 14, 2021, the California Supreme Court held in Vazquez v. Jan-Pro Franchising Int'l, Inc. that the ABC test for determining worker classification fashioned in its groundbreaking decision, Dynamex v. Superior...more

Cal/OSHA Standards Board Holds Stakeholders Meeting on COVID-19 ETS

On December 18, 2020, California’s Occupational Safety and Health Standards Board (Standards Board)1 conducted a Stakeholders Meeting to address employer concerns about the COVID-19 Emergency Temporary Standard (ETS) issued...more

Los Angeles County Adopts “Public Health Council” Ordinance

On Tuesday, November 10, 2020, the Los Angeles County Board of Supervisors approved a program allowing third-party organizations in the food, apparel manufacturing, warehousing and storage, and restaurant sectors to create...more

New State Employment Laws Set to Take Effect on January 1, 2021

As employers continue to grapple with the ever-changing legal landscape of COVID-era regulations, 2021 will bring changes to the traditional realm of employment law in dozens of jurisdictions.  Compared to prior years, there...more

California’s Proposition 22: Impacts in the Golden State and Beyond

Of the over 100 different ballot initiatives under consideration across the United States in the recent election, California’s Proposition 22 stands alone.  The measure was perhaps the most significant initiative voters...more

California Acute Care Hospitals Must Reimburse Training Costs

Assembly Bill 2855, recently signed into law by Governor Newsom, will require that acute care hospitals in California reimburse employees and job applicants for certain training costs....more

California Makes Certain Human Resources Professionals and Supervisors Mandated Child Abuse Reporters

The California Child Abuse and Neglect Reporting Law, adopted in 1980, requires that certain “mandated reporters” make formal reports of suspected child abuse to law enforcement authorities.  As defined in the law, child...more

California Imposes New Compliance Obligations on Employers

The COVID-19 pandemic resulted in the closure of the California Legislature for long stretches of time this year.  The work of the body continued on, however, and at the end of the session it passed the usual flurry of labor...more

AB 5 Update: Newspaper Carriers Secure (Another) One-Year Exception

As business owners and members of the labor and employment law community know all too well, California’s AB 5 went into effect on January 1 of this year.  The law imposed the “ABC test” for determining whether a worker should...more

AB 1731 Offers Much-Needed Reforms to California’s Work Sharing Program

Signed into law on September 28, 2020, AB 1731 moves California’s work sharing program into the 21st century by mandating an online application process and specific deadlines for delivering claim forms. Work sharing is an...more

Just in Time for Handbook Season, California Passes Sweeping Expansion of Family Leave Law

Effective January 1, 2021, SB 1383 expands the California Family Rights Act (CFRA) to cover smaller employers and provide access to leave for additional covered reasons....more

AB 5 Update: AB 2257 Would Amend California Independent Contractor Law

AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were...more

New San Francisco Emergency Ordinance Requires Layoff Notices, Reemployment Rights and Reasonable Accommodation for Eligible...

On July 3, 2020, San Francisco Mayor London Breed (D) returned unsigned File Number 200455, an emergency ordinance that took effect immediately and now requires employers with 100 or more employees to provide written notice...more

A Temperature Check on States’ Reporting Time Pay Requirements in the Era of COVID-19

As many states ease their shelter-in-place orders across the country, businesses are slowly reopening to the public. Although businesses are anxious to open their doors, as employers, they are grappling with how to comply...more

Emergency Paid Sick Leave: U.S. Department of Labor Enforcement Efforts On The Rise

Back in February of this year, when employees were still reporting to work and the COVID-19 pandemic was just starting to gain national attention, there was great concern that infected employees with insufficient sick leave...more

July is the New January – Employment and Labor Laws are Skipping Summer Vacation

Each year, Littler’s Workplace Policy Institute provides its “July is the New January” report on labor and employment laws that become effective in the middle of the year.  In 2019, we reported on scores of new laws that took...more

Conducting “Virtual” Workplace Investigations: Practical Suggestions for the Human Resources Professional

Human resources professionals are focused today on dealing with myriad workplace issues arising out of the COVID-19 pandemic – new leave of absence laws, increased safety concerns, new privacy issues, and so on.  In addition,...more

AB 5: The Aftermath of California’s Experiment to Eliminate Independent Contractors Offers a Cautionary Tale for Other States

Since its enactment last fall, California’s AB 5—legislation adopting the so-called “ABC test” for purposes of determining whether a worker is an independent contractor or statutory employee—has dominated not only the legal...more

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