On April 7, 2020, Mayor Garcetti signed an emergency Supplemental Paid Sick Leave Order superseding a related ordinance previously adopted by the Los Angeles City Council. ...more
On April 10, 2020, Los Angeles County extended its “Safer at Home” Order until May 15, 2020, and directed essential businesses (such as restaurants, gas stations, and residential care facilities) within all unincorporated...more
We previously wrote about the LA City Council’s March 31, 2020 Ordinance which, among other things, gave tenants up to 12 months following the expiration of the Local Emergency Period to repay past due rent that was unpaid...more
On April 7, 2020, Mayor Eric Garcetti issued an emergency “Worker Protection Order” directing essential businesses (such as grocery stores, laundromats, and hotels) and their customers/visitors, to take specified measures to...more
The California Judicial Council met April 6, 2020 to vote on certain emergency measures regarding unlawful detainer actions. ...more
Updated April 13, 2020: On April 6, 2020, the U.S. Department of Labor (DOL) published temporary regulations implementing the Families First Coronavirus Response Act (FFCRA). The FFCRA’s paid leave requirements are described...more
4/9/2020
/ Coronavirus/COVID-19 ,
EFMLA ,
EPSLA ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
New Legislation ,
Relief Measures ,
Sick Leave ,
Sick Pay ,
Tax Credits ,
Trump Administration
Updated as of March 31, 2020
City of Los Angeles’ Eviction Moratorium
On March 31, 2020 the LA City Council passed Ordinance No. 186585, which expands on the temporary eviction relief measures set forth in Mayor Garcetti’s...more
California and the City of Los Angeles issued “safer at home” orders which have significantly impacted businesses and workers. The California order (Executive Order N-33-20) was issued March 19, 2020 and stays in effect until...more
Updated April 14, 2020: On March 18, 2020, President Trump signed the Families First Coronavirus Response Act (FFCRA) and on April 6, 2020, the federal Department of Labor (DOL) issued temporary implementing regulations. The...more
On March 18, 2020, President Donald J. Trump signed the Families First Coronavirus Response Act (H.R. 6201), a bipartisan bill which responds to the COVID-19 outbreak by providing, among other benefits, paid sick leave and...more
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
Many California laws seek to restrict the terms and conditions an employer may place on an employee during employment. Tuesday, the California Court of Appeal confirmed that Business and Professions Code Section 16600 is not...more
On January 1, 2020, California businesses faced several new laws that may significantly impact business operations, including AB 5 (codifying the “ABC” test) and AB 51 (restricting the use of mandatory arbitration). On the...more
1/20/2020
/ Business Partners ,
Constructive Discharge ,
Employer Liability Issues ,
Established Business Relationship ,
Franchises ,
Healthcare Workers ,
Hiring & Firing ,
Joint Employers ,
Labor Regulations ,
Liability ,
New Legislation ,
Public Policy ,
Retaliation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
We previously highlighted Assembly Bill 51, which prohibits employers from requiring employees or applicants for employment to “waive any right, forum, or procedure for a violation” of the Fair Employment and Housing Act or...more
1/2/2020
/ Arbitration ,
Arbitration Agreements ,
Class Action Arbitration Waivers ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Labor Regulations ,
Motion To Enjoin ,
New Legislation ,
Preemption ,
Restraining Orders ,
State and Local Government ,
State Labor Laws ,
TRO
People with disabilities have legal protections under both federal and state law. California’s Fair Employment and Housing Act (FEHA) prohibits an employer from taking adverse actions against a person because of a person’s...more
1/2/2020
/ Adjudicatory Process ,
Adverse Employment Action ,
Appeals ,
Defense Strategies ,
Department of Corrections ,
Disability Discrimination ,
Employer Liability Issues ,
Employment Litigation ,
Evidence ,
Failure to Accommodate ,
FEHA ,
Hiring & Firing ,
Hostile Environment ,
Performance Reviews ,
Resignation ,
Retaliation ,
Sexual Harassment
Concluding that TWC Dealer Group, Inc.’s arbitration agreements were both procedurally and substantively unconscionable, California’s First Appellate District’s recent decision highlights certain contractual terms and...more
Last in our series of California’s legislative updates is a summary of bills aimed at sexual harassment in the janitorial and construction industries...more
11/6/2019
/ #MeToo ,
Construction Workers ,
Corporate Culture ,
DLSE ,
Employee Training ,
Employer Liability Issues ,
Harassment ,
Hostile Environment ,
Janitorial Services ,
Legislative Agendas ,
Proposed Legislation ,
Regulatory Agenda ,
Sex Discrimination ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Temporary Employees
Today our employer focused legislative update zeroes in on “no rehire” provisions in settlement agreements, expansion of benefits to employees who donate organs, and care for a family member...more
10/31/2019
/ Employee Benefits ,
Employee Rights ,
Leave of Absence ,
Legislative Agendas ,
New Hires ,
New Legislation ,
No-Hire/No-Solicitation Agreements ,
Organ Donation ,
Paid Family Leave Law ,
Paid Leave ,
Proposed Legislation ,
Restrictive Covenants ,
Settlement Agreements ,
State and Local Government ,
State Labor Laws ,
Unpaid Leave
Continuing with our legislative update, today we will offer insights into new bills expanding the Department of Fair Employment and Housing’s (DFEH) authority and the Fair Employment and Housing Act’s (FEHA) protected...more
10/25/2019
/ Cause of Action Accrual ,
DFEH ,
Employer Liability Issues ,
FEHA ,
Hairstyle Discrimination ,
Harassment ,
Labor Regulations ,
New Legislation ,
Race Discrimination ,
State and Local Government ,
State Labor Laws
California’s 2019 legislative session recently ended, leaving employers with a number of new laws requiring compliance starting January 1, 2020. To assist employers, we are publishing a series of blogs, each dedicated to a...more
In our previous blog we wrote about California’s Assembly Bill 51, which largely impacts arbitration agreements by prohibiting employers from requiring employees or applicants for employment to agree to arbitrate claims for...more
10/21/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Fees ,
Class Action ,
Class Action Arbitration Waivers ,
Contract Terms ,
Employment Contract ,
FEHA ,
Hiring & Firing ,
Labor Regulations ,
Motion to Compel ,
New Legislation ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
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
In a win for franchisors, the Ninth Circuit recently affirmed the district court’s summary judgment in favor of fast-food behemoth McDonald’s Corp., ruling that the franchisor is not a joint employer of its franchisees’...more
10/11/2019
/ Class Action ,
Common Law Claims ,
Employer Liability Issues ,
Franchisee ,
Franchises ,
Franchisors ,
Joint Employers ,
Labor Regulations ,
McDonalds ,
Misclassification ,
Wage and Hour
Any employer that has faced a wage & hour lawsuit in California knows that minor violations can quickly add up to significant liabilities....more