A former driver for UberEats alleged that Uber misclassified drivers as independent contractors as part of a PAGA action. Uber sought an order to compel arbitration of the question of whether the plaintiff was an independent...more
4/19/2022
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Employee Definition ,
Employer Liability Issues ,
Employment Contract ,
Employment Litigation ,
Federal Arbitration Act ,
Independent Contractors ,
Misclassification ,
Motion to Compel ,
Private Attorneys General Act (PAGA) ,
Uber ,
Wage and Hour
In novel and important decision, DePy Synthes Sales v. Howmedica Ostionic’s, Ninth Cir. Case No. 21-55126, on March 14, 2022, the Ninth Circuit Court of Appeals upheld the lower court’s decisions to prevent a former employer...more
As positivity rates decline in the Golden State, effective March 12, 2022, California’s Public Health Department no longer requires the use of masks indoors in schools or childcare settings and Los Angeles County followed...more
3/14/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Educational Institutions ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Students ,
Workplace Safety
To update our February 16, 2022 Blog, on March 3, 2022, President Biden signed the law amending the Federal Arbitration Act to prohibit mandatory arbitration of employee claims of sexual harassment or sexual assault....more
3/8/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
Effective March 4, 2022, the Los Angeles County Department of Public Health (LADPH) eliminated a masking requirement for all persons, regardless of vaccination status, in most indoor public settings which aligns with the...more
3/7/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
Los Angeles County and the City of Los Angeles issued updated indoor masking rules effective February 25, 2022 (“LA Orders”). The LA Orders give businesses two potential “exemptions” from existing indoor masking...more
3/1/2022
/ Centers for Disease Control and Prevention (CDC) ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Vaccinations ,
Vaccine Passports ,
Workplace Safety
As we mentioned in our blog earlier this week, the 2022 COVID-19 Supplemental Paid Sick Leave goes into effect on February 19, 2022 for California employers with more than 25 employees....more
2/18/2022
/ California ,
Coronavirus/COVID-19 ,
DLSE ,
Infectious Diseases ,
Labor Reform ,
New Guidance ,
Paid Sick Leave ,
Paid Time Off (PTO) ,
Posting Requirements ,
Regulatory Requirements ,
State Labor Laws
Over the course of three days, the House and Senate passed HR 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, amending the Federal Arbitration Act (FAA) that is expected to be signed...more
2/17/2022
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
Labor Reform ,
Labor Regulations ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
Pending Legislation ,
Regulatory Agenda ,
Sexual Assault ,
Sexual Harassment
On February 15, 2022, the Department of Public Health (CDPH) Order requiring masking of almost all Californians in most indoor public spaces will expire. Last week, CDPH issued new guidance that goes into effect on February...more
As COVID-19 variants work their way through the Greek alphabet, California employers have new CDC guidelines, new Cal-OSHA and CDPH requirements, new decisions to make with respect to vaccine and testing mandates, and when...more
1/11/2022
/ Best Practices ,
Cal-OSHA ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
Infectious Diseases ,
New Guidance ,
New Regulations ,
Vaccinations ,
Virus Testing ,
Webinars
On September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022. Under this new law,...more
1/10/2022
/ California ,
Corporate Counsel ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Labor Reform ,
New Legislation ,
Quotas ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
On January 5, 2022, the California Department of Public Health announced the extension of its statewide mask guidance for masking in all indoor public settings through February 15, 2022. ...more
1/6/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
The new year has begun and California employers of 100 or more employees should get busy preparing for the annual pay data submission to the Department of Fair Employment and Housing (DFEH). The deadline is March 31, 2022,...more
1/5/2022
/ California ,
DFEH ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
As the COVID-19 Omicron variant spreads rapidly, the California Department of Public Health (CDPH) lowered the thresholds that define “Mega Events” effective January 15, 2022. “Outdoor Mega Events” will occur with 5,000 or...more
1/3/2022
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Events ,
Infectious Diseases ,
Public Health Emergency ,
Quarantine ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more
12/27/2021
/ Appeals ,
Biden Administration ,
Case Consolidation ,
Centers for Medicare & Medicaid Services (CMS) ,
Certiorari ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Popular ,
SCOTUS ,
Vaccinations ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals granted the Biden administration’s Motion to Dissolve the stay on the Occupational Safety and Health Administration’s (Fed/OSHA) COVID-19 Vaccination and Testing...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 13, 2021, the California Department of Public Health (“CDPH”) issued updated “guidance” related to masking, the timing of COVID testing of non-vaccinated persons at Mega Events, and COVID testing for persons...more
12/17/2021
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Events ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
On December 14, 2021, the Equal Employment Opportunity Commission (EEOC) updated its guidance to hone in on how it will, likely, interpret COVID-19 issues related to future disability discrimination claims. ...more
Yesterday, the United States District Court for the Southern District of Georgia issued a nationwide injunction against the enforcement of Executive Order (EO) 14042’s mandate that had ordered federal contractors and...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 12, 2021, the United States Fifth Circuit Court of Appeals affirmed its stay on the Federal Vaccination and Testing Emergency Temporary Standard (VAX ETS) pending what it called “adequate judicial review of the...more
11/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The 490-page Federal Occupational Safety and Health Administration’s (Fed/OSHA) Vaccination and Testing Emergency Temporary Standard (VAX ETS) was published on November 5, 2021 and while it was effective immediately giving...more
11/8/2021
/ Biden Administration ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While the EEOC extended its August deadline for mandatory EEO-1 reporting to October 25, 2021, on November 1, 2021, the EEOC indicated that employers will have until November 15, 2021 to comply with mandatory reporting....more
11/3/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
The Department of Justice (DOJ) finally fulfilled its long time promise to criminally prosecute “no-poach” agreements. A no-poach agreement is an agreement between two or more employers not to hire employees away from each...more
There are many laws that provide for time off, paid or unpaid, and some provide protected leaves of absence, too, including CFRA, USERRA, FMLA, PFL, PDL, California Paid Sick Leave, Workers’ Compensation and...more
10/15/2021
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Rights ,
Federal Labor Laws ,
Leave of Absence ,
Paid Leave ,
Reinstatement ,
Return-to-Work Agreements ,
State Labor Laws ,
Wage and Hour ,
Webinars
On October 7, 2021, Governor Newsom enacted SB 331 to put up additional restrictions on employers offering severance agreements and settling claims alleging harassment, discrimination or retaliation based on purported...more