With COVID-19 infections increasing at alarming rates, employers are wondering how state and local restrictions will impact business operations. Below is a list of steps to help mitigate the spread of the virus, as we enter...more
On November 30, 2020, California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency regulations to protect workers from COVID-19. The regulations require employers to develop an investigation,...more
In May 2020 Governor Gavin Newsom issued an executive order that created a time-limited rebuttable presumption for employees to seek workers’ compensation benefits if they tested positive for COVID-19 while on the job. The...more
On September 17, 2020, Governor Newsom signed AB 685, which imposes stringent notice and reporting requirements in the event of COVID-19 exposure in the workplace and expands the California Division of Occupational Safety and...more
Governor Gavin Newsom recently approved a significant supplemental paid sick leave law which became effective September 19, 2020.
The law, codified as Labor Code Section 248.1, requires certain larger employers to provide...more
9/22/2020
/ Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Food Service Workers ,
Governor Newsom ,
Infectious Diseases ,
New Legislation ,
Paid Sick Leave ,
Restaurant Industry ,
Sick Leave ,
State Labor Laws ,
Wage and Hour ,
Wage Statements ,
Workplace Safety
On January 1, 2020, the State of California increased the minimum wage to $13 per hour for employers with 26 or more employees and to $12 per hour for employers with 25 or fewer employees....more
In a 6-3 landmark decision by the United States Supreme Court, the Court held that an employer who fires an individual merely for being gay or transgender violates Title VII of the Civil Rights Act of 1964....more
6/22/2020
/ Altitude Express Inc v Zarda ,
Bostock v Clayton County Georgia ,
Civil Rights Act ,
EEOC v RG & GR Harris Funeral Homes ,
Employer Liability Issues ,
Gender Identity ,
Hiring & Firing ,
LGBTQ ,
SCOTUS ,
Sex Discrimination ,
Sexual Orientation ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender
We are now on the road to recovery – and the reopening of our businesses. Although most of us wish it were as easy as turning on a light switch, it will not be an overnight fix or a quick return to normal. Rather, it will be...more
Now that we have been sheltering in place for close to two months, most of us are eagerly waiting for life to return to “normal.” We all want our businesses to thrive and to become fully operational again. However, we know it...more
5/11/2020
/ Americans with Disabilities Act (ADA) ,
CARES Act ,
Coronavirus/COVID-19 ,
FEHA ,
Paycheck Protection Program (PPP) ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Return-to-Work Agreements ,
Screening Procedures ,
Virus Testing ,
Work Schedules ,
Workplace Safety
Screening employees and customers prior to permitting them to enter a business has become the primary method used in an effort to prevent further spread of COVID-19 in the workplace. ...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Business Continuity Plans ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employee Privacy Rights ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
FEHA ,
Health and Safety ,
Preventive Health Care ,
Reasonable Accommodation ,
Virus Testing ,
Workplace Safety
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 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
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
Last year (April 2018) the California Supreme Court rocked the boat with the seminal Dynamex decision, which created very high barriers for companies who utilize independent contractors. On September 18, 2019, Governor Gavin...more
9/23/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Freelance Workers ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
Arbitration is a highly controversial topic in California.
Just last year 20,000 Google employees walked off the job in protest of Google’s policy to arbitrate workplace misconduct claims. A few weeks ago more than 200...more
7/12/2019
/ #MeToo ,
Arbitration ,
Arbitration Agreements ,
Class Action ,
Class Action Arbitration Waivers ,
Employment Contract ,
Labor Regulations ,
Sexual Harassment ,
State and Local Government ,
State Labor Laws ,
Unenforceable Contract Terms
The discourse around equal pay has reverberated through the media and made its way to a new federal regulation that seeks to identify and address instances in which persons of different sex, race, and ethnicity earn different...more
The analysis of whether a worker is an employee or independent contractor for purposes of California’s Wage Orders became more restrictive in 2018 following the California Supreme Court’s adoption of the “ABC” test in the...more
6/6/2019
/ ABC Test ,
Appeals ,
DLSE ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Minimum Wage ,
Misclassification ,
Over-Time ,
Retroactive Application ,
Wage and Hour
In Dynamex, the California Supreme Court decided to adopt an “ABC” test to determine whether workers are properly classified as independent contractors. This raised a number of questions concerning how (or if) the test should...more
5/29/2018
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Risk Assessment ,
State and Local Government ,
State Labor Laws ,
Wage and Hour
On April 30, 2018, the California Supreme Court handed down a ruling that may significantly impact the decision on classifying workers as “employees” or “independent contractors.” ...more
The Equal Employment Opportunity Commission recently issued a “User-Friendly Document” explaining the rights of job applicants and employees with mental health conditions. In doing so, the EEOC has confirmed that individuals...more
12/30/2016
/ Americans with Disabilities Act (ADA) ,
Disabilities ,
Disability Discrimination ,
Document Retention Policies ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Family and Medical Leave Act (FMLA) ,
Harassment ,
Hiring & Firing ,
Job Applicants ,
Job Promotions ,
Mental Health ,
New Guidance ,
Reasonable Accommodation
There have been significant changes to state and federal laws in 2016 affecting employers of all sizes and in many industries. We'd like to help our clients stay apprised of some of the more critical changes by reminding all...more
12/21/2016
/ Affordable Care Act ,
Agricultural Workers ,
Arbitration ,
Background Checks ,
Ban the Box ,
Criminal Background Checks ,
Department of Labor (DOL) ,
Employee Restrooms ,
Employment Discrimination ,
Employment Eligibility Verification ,
Equal Pay ,
Fair Labor Standards Act (FLSA) ,
Fair Pay Act ,
Form 1094 ,
Form 1095 ,
Form I-9 ,
Gender-Based Pay Discrimination ,
Health Insurance ,
Healthcare ,
Janitorial Services ,
Local Ordinance ,
Mandatory Arbitration Clauses ,
Minimum Salary ,
Minimum Wage ,
Over-Time ,
Paid Time Off (PTO) ,
Payroll Records ,
Popular ,
Private Schools ,
Required Forms ,
Sick Leave ,
Teachers ,
Wage and Hour ,
Wage Statements ,
Wages ,
White-Collar Exemptions
Tis the season for new laws in California and not all of it brings good tidings and cheer for employers.
Recently, Governor Jerry Brown signed several state Assembly and Senate Bills affecting those who employ domestic...more
9/21/2016
/ Agricultural Workers ,
Corporate Counsel ,
DLSE ,
Domestic Violence ,
Domestic Workers ,
Educational Institutions ,
Hiring & Firing ,
Labor Code ,
New Legislation ,
Notice Requirements ,
Over-Time ,
Private Schools ,
Retaliation ,
Sexual Assault ,
Stalking ,
Teachers ,
Wage and Hour ,
Working Conditions ,
Written Notice