Sierra Vierra on Employer Liability Issues

OSHA’s Walkaround Rule Showdown in Court: Will the Agency Be Allowed to Tread on Employers’ Rights?

The Occupational Safety and Health Administration’s (OSHA’s) Walkaround Rule has sparked a legal showdown between business associations and OSHA in a U.S. District Court in Texas. The agency’s rulemaking powers and...more

9/19/2024 / Arbitrary and Capricious , Employee Representatives , Employer Liability Issues , Loper Bright Enterprises v Raimondo , OSHA , Safety Inspections , Statutory Authority , Workplace Hazards , Workplace Safety

California Department of Public Health Updates Definition of Close Contact

Previously, the California Department of Public Health (CDPH) had redefined “close contact’ as someone sharing the same indoor airspace with a person who had COVID-19 for a cumulative total of 15 minutes or more over a...more

10/18/2022 / CDPH , Coronavirus/COVID-19 , Employer Liability Issues , Infectious Diseases , Notice Requirements , Occupational Exposure , State Labor Laws

Cal/OSHA Proposes an All-Industry Workplace Violence Prevention Standard. Are You Ready?

It may come as a surprise to some, but Cal/OSHA’s workplace violence regulations currently apply only to the Health Care Industry. Cal/OSHA plans to change that. Right now, for non-healthcare industries, Cal/OSHA regulates...more

6/13/2022 / Cal-OSHA , Corporate Counsel , Employer Liability Issues , Policies and Procedures , Recordkeeping Requirements , Regulatory Requirements , Workplace Hazards , Workplace Safety , Workplace Violence

Beat the Heat and Citations – Review Your California Heat Illness Prevention Plan and Procedures

As we head into the summer months, employers with outdoor worksites in California may wish to review their Heat Illness Prevention Plans (HIPP) and obligations under Cal/OSHA’s outdoor heat illness prevention standard....more

5/20/2022 / Cal-OSHA , Employee Training , Employer Liability Issues , Heat Exposure , Workplace Safety

Ask A Litigator: What Should Employers Know About The Interactive Process?

As an employer in California, you probably know that the Fair Employment and Housing Act (“FEHA”) requires employers with five or more employees to provide reasonable accommodations for applicants and employees with a...more

4/5/2021 / Americans with Disabilities Act (ADA) , DFEH , Disability Discrimination , Documentation , Employer Liability Issues , FEHA , Interactive Process , Reasonable Accommodation

Court Hears Challenges To California Bar On Mandatory Arbitration Agreements In Employment

The U.S. District Court for the Eastern District of California heard oral argument on January 10, 2020, on whether to enter a preliminary injunction preventing the State of California from enforcing AB 51 while the court...more

1/14/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses

Court Hears Oral Argument On Challenges to AB 51, Orders Further Briefing, And Maintains Temporary Restraining Order

On January 10, 2020, the U.S. District Court for the Eastern District of California heard oral arguments on whether the court should enter a preliminary injunction preventing the State of California (State) from enforcing AB...more

1/13/2020 / Arbitration , Arbitration Agreements , Employer Liability Issues , Employment Litigation , Federal Arbitration Act , Mandatory Arbitration Clauses , State Labor Laws

California Supreme Court Rejects Claim For Unpaid Wages Under PAGA

Putting an end to employees’ backdoor attempts to recover unpaid wages in Private Attorneys General Act-only actions under California Labor Code Section 558, the California Supreme Court has ruled against allowing such...more

9/16/2019 / CA Supreme Court , Employer Liability Issues , Labor Code , Popular , Private Attorneys General Act (PAGA) , Unpaid Wages , Wage and Hour

Car Wash Employees CLEAN Up With Help Of California Department Of Labor

The Labor Commissioner fined a Southern-California car wash for more than $2.36 million for alleged wage and hour violations. These fines included both civil penalties and wages owed to employees. This appears to be a...more

4/30/2019 / Employer Liability Issues , Labor Code , Labor Commissioners , Wage and Hour

California To Hold Direct Contractors Jointly Liable For Subcontractor’s Unpaid Wages And Fringe Benefits

Beginning with contracts entered into on or after January 1, 2018, direct (general) contractors in California will be held jointly liable for their subcontractors’ unpaid employee wages, fringe benefit or other benefit...more

11/13/2017 / Employer Liability Issues , Fringe Benefits , General Contractors , Subcontractors , Wage and Hour

Sierra Vierra

Jackson Lewis P.C.

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