The California Supreme Court released an opinion in Kuciemba v. Victory Woodworks Inc., finding that the exclusive remedy provisions of the California Workers’ Compensation Act (“WCA”) do not bar a non-employee’s recovery for...more
Federal agencies have kept busy over the past month, with several releasing decisions or guidance directly related to the workplace. Employers should be aware of what these actions mean for the way they conduct their...more
5/19/2023
/ Coronavirus/COVID-19 ,
Employee Misconduct ,
Employer Liability Issues ,
Employment Eligibility Verification ,
Equal Employment Opportunity Commission (EEOC) ,
Foreign Workers ,
Form I-9 ,
Immigration and Customs Enforcement (ICE) ,
Immigration Procedures ,
NLRA ,
NLRB ,
USCIS
On Feb. 9, 2022, Gov. Gavin Newsom signed new legislation, COVID-19 Supplemental Paid Sick Leave (Senate Bill 114), into law that will require all employers with more than 25 employees to provide their employees with up to 40...more
The newest version of the Cal/OSHA ETS goes into effect today, Jan. 14, 2022, and will expire on April 15, 2022. A redline of the recently expired Cal/OSHA ETS and the newest Cal/OSHA ETS is available HERE. The newest...more
Gov. Gavin Newsom closed California’s 2020-2021 Legislative Session with a flurry of bill signings, many of which created and/or updated employment-related laws. A few of these bills were “emergency bills” which became...more
12/17/2021
/ Cal-OSHA ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Governor Newsom ,
Hiring & Firing ,
Infectious Diseases ,
Medical Leave ,
OSHA ,
State Labor Laws ,
Workplace Safety
2021 brought several changes to the workplace, but employers should have less to fear following this Payne & Fears conference. Join us for a full day of seminars on the most pressing employment law topics, transmitted to you...more
9/24/2021
/ Anti-Discrimination Policies ,
Anti-Harassment Policies ,
Business Expenses ,
Coronavirus/COVID-19 ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Dress Codes ,
Employee Evaluations ,
Employee Monitoring ,
Employer Liability Issues ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Families First Coronavirus Response Act (FFCRA) ,
Gender Identity ,
Mental Health ,
OSHA ,
Over-Time ,
Political Speech ,
Productivity ,
Rate of Pay ,
Reasonable Accommodation ,
Remote Working ,
Social Media Policy ,
Timekeeping ,
Wage and Hour ,
Wage Statements ,
Webinars
On March 19, 2021, Governor Gavin Newsom signed into law SB 95, thereby expanding California’s COVID supplemental paid sick leave provisions (“COVID leave”)....more
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers...more
On Dec. 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021. Congress did not extend the mandate to provide leave under the Families First Coronavirus Response Act (“FFCRA”), but did extend the...more
In the coming weeks and months, COVID-19 vaccines will be distributed around the United States. Employers will have questions about vaccination procedures, such as whether they may require employees to be vaccinated, what...more
12/23/2020
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Religious Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
On November 19, 2020, the California Occupational Safety and Health Standards Board (the “Board”) of the Division of Occupational Safety and Health (Cal/OSHA) adopted temporary COVID-19 regulations (“Regulations”) intended to...more
While 2020 has been an incomparable year of change, somethings remain the same. There is never a shortage of onerous new demands on California businesses. Join us for a lively discussion of what you need to know for 2021. We...more
11/12/2020
/ Amended Legislation ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Extraterritoriality Rules ,
Hiring & Firing ,
Independent Contractors ,
Infectious Diseases ,
Job Applicants ,
Labor Code ,
Private Attorneys General Act (PAGA) ,
Reporting Requirements ,
Salary/Wage History ,
Security Checks ,
State Labor Laws ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour ,
Webinars
This year has been fraught with disruption. To make things easier, Payne & Fears is offering one full day of seminars on pressing employment law topics. Attendees can join from the comfort of their homes or offices. Attend...more
9/24/2020
/ Best Practices ,
Coronavirus/COVID-19 ,
Defense Strategies ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Layoffs ,
Misclassification ,
Political Expression ,
Political Speech ,
Remote Working ,
Risk Mitigation ,
Social Media Policy ,
State Labor Laws ,
Tax Liability ,
Wage and Hour ,
Webinars
On August 27, 2020, the Department of Labor updated its Families First Coronavirus Response Act: Questions and Answers to address eligibility for FFCRA benefits in light of the complexity school program offerings.
The...more
On July 24, 2020, California released the Employer Playbook for a Safe Reopening. The Employer Playbook provides detailed information for employers in an easy-to-read checklist format.
The majority of the document is...more
7/29/2020
/ Cal-OSHA ,
California ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Infectious Diseases ,
Local Health Departments (LHDs) ,
Local Ordinance ,
Masks ,
Public Health Emergency ,
Re-Opening Guidelines ,
Sick Employees ,
State Health Departments ,
State Labor Laws ,
Workplace Decontamination ,
Workplace Outbreaks ,
Workplace Safety
In the past few months, federal, state, and local governments have rapidly and constantly proliferated laws, orders, and guidance for conducting business in light of COVID-19. Unless a business has personnel dedicated to...more
7/21/2020
/ California ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Local Ordinance ,
OSHA ,
Paid Sick Leave Act ,
Public Health Emergency ,
Re-Opening Guidelines ,
State Labor Laws
This promises to be the year that requires businesses to be highly adaptable in meeting staffing needs while supporting employees with school-age children. In today’s press conference, Gov. Gavin Newsom announced schools in...more
7/20/2020
/ Child Care ,
Coronavirus/COVID-19 ,
Families First Coronavirus Response Act (FFCRA) ,
Governor Newsom ,
Paid Leave ,
Parental Leave ,
Public Health ,
Public Schools ,
Re-Opening Guidelines ,
School Closures ,
Virtual Education Tools
Statewide Restrictions. California Gov. Gavin Newsom has ordered the closure of certain indoor businesses across the entire state of California. He has also placed additional restrictions on 30 counties, including Orange, Los...more
7/16/2020
/ Bars ,
Breweries ,
Business Closures ,
Churches ,
Coronavirus/COVID-19 ,
Entertainment Venues ,
Executive Orders ,
Government Shutdown ,
Governor Newsom ,
Gym Memberships ,
Non-Essential Businesses ,
Personal Services ,
Public Health Emergency ,
Restaurant Industry ,
Shelter-In-Place
Los Angeles County has been the epicenter of COVID-19 in California, and it is only getting worse. The Los Angeles County Department of Public Health (LA Department of Public Health) recently announced that daily...more
7/2/2020
/ Coronavirus/COVID-19 ,
Employer Responsibilities ,
Guidance Update ,
Health and Safety ,
Infectious Diseases ,
Masks ,
Public Health ,
Re-Opening Guidelines ,
Social Distancing ,
Virus Testing ,
Workplace Safety
Over the past few months, guidance on how to create a safer, low-risk workplace has frequently changed. Fortunately, the state of California has finally reached a point where comprehensive and concrete advice is now...more
6/26/2020
/ Coronavirus/COVID-19 ,
Employee Training ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Personal Protective Equipment ,
Public Health ,
Re-Opening Guidelines ,
Sick Employees ,
Social Distancing ,
Virus Testing ,
Workplace Safety
The Equal Employment Opportunity Commission (EEOC) updated its technical assistance guidance for employers. The new guidance explains that antibody tests cannot be required from employees to re-enter the workplace, addresses...more
6/19/2020
/ ADEA ,
Americans with Disabilities Act (ADA) ,
Anti-Harassment Policies ,
Caregivers ,
Centers for Disease Control and Prevention (CDC) ,
Contact Tracing ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Flexible Work Arrangements ,
Health and Safety ,
High Risk Covid Employees ,
Infectious Diseases ,
Medical Testing ,
New Guidance ,
Pregnancy Discrimination ,
Reasonable Accommodation ,
Rehabilitation Act ,
Religious Accommodation ,
Sick Employees ,
Title VII ,
Virus Testing ,
Workplace Safety
On June 5, 2020, President Trump signed into legislation the bipartisan bill titled the Paycheck Protection Program Flexibility Act of 2020 (PPPFA). The PPPFA modifies the Paycheck Protection Program, which was first...more
6/15/2020
/ Borrowers ,
CARES Act ,
Coronavirus/COVID-19 ,
Interim Final Rules (IFR) ,
Loan Forgiveness ,
Paycheck Protection Program (PPP) ,
Paycheck Protection Program Flexibility Act of 2020 (PPPFA) ,
Payroll Taxes ,
Relief Measures ,
SBA ,
Small Business ,
Small Business Loans ,
Tax Deferral
As counties move to re-open businesses, many counties have issued requirements for businesses to post notices regarding their compliance with safe re-opening protocols.
Orange County -
On May 29, 2020, and effective...more
On May 19, 2020, the Occupational Safety and Health Administration (OSHA) released new guidance explaining how Compliance Safety and Health Officers (CSHOs) will ensure employers’ compliance on recording cases of work-related...more
As workplaces have begun to reopen, employers are curious about whether they can conduct temperature screenings of their employees. This guidance will explain if, when, and how employers may conduct temperature screenings of...more