California workplace safety officials just approved a third round of changes to the state’s COVID-19 Emergency Temporary Standard, and while many of them conform to recent guidance that have already been incorporated into...more
4/22/2022
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Emergency Rule ,
Employer Liability Issues ,
Employment Policies ,
Infectious Diseases ,
Masks ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The last two years have been an interesting respite for California employers. The COVID-19 pandemic impacted the legislature – just like other businesses – which resulted in abbreviated legislative schedules, fewer bills...more
2/24/2022
/ B2B Organizations ,
Bereavement Leave ,
Biometric Information ,
California ,
California Consumer Privacy Act (CCPA) ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Employer Mandates ,
Employment Discrimination ,
Employment Litigation ,
Employment Policies ,
Fast-Food Industry ,
FEHA ,
Health and Safety ,
Hiring & Firing ,
Marijuana ,
Occupational Exposure ,
Pay Data ,
Proposed Legislation ,
Restaurant Industry ,
State Labor Laws ,
Vaccinations ,
Wage and Hour ,
Work Schedules
California Governor Gavin Newsom recently completed final action on bills that were passed by the state legislature in 2021, and employers are once again faced with a raft of new compliance obligations thanks to several new...more
10/12/2021
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Employment Contract ,
Employment Policies ,
Governor Newsom ,
Governor Vetoes ,
Hiring & Firing ,
New Legislation ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
- The Ninth Circuit rules that portions of Assembly Bill 51 are not preempted by the Federal Arbitration Act (“FAA”) and lifts a lower court’s injunction that barred the law from taking effect.
- The court did rule that...more
One silver lining for employers during the pandemic has been the reality that they shouldn’t fear any potential tort liability for COVID-19 cases stemming from the workplace – or should they? Most employers (and attorneys and...more
The Santa Clara County Health Officer just issued a new order phasing out the May 18 Order that had introduced a vaccine-tracking mandate for employers, relieving employers of the administrative burden imposed by the...more
Businesses in Santa Clara County must get ready to comply with the County’s new vaccine tracking mandate by no later than June 1. The County of Santa Clara Emergency Operations Center issued a May 18 Order of The Health...more
5/25/2021
/ Confidential Information ,
Coronavirus/COVID-19 ,
Data Collection ,
Deadlines ,
Employer Liability Issues ,
Enforcement ,
Health and Safety ,
Infectious Diseases ,
Recordkeeping Requirements ,
Vaccinations ,
Workplace Safety
It’s been said that from crisis comes opportunity. And given that the COVID-19 pandemic has handed us the greatest collective crisis in our lifetimes, it should stand to reason that we should now be in the perfect position to...more
5/3/2021
/ Business Operations ,
Coronavirus/COVID-19 ,
Corporate Governance ,
Data Security ,
Employee Benefits ,
Employer Liability Issues ,
Foreign Workers ,
Form I-9 ,
Gig Economy ,
Healthcare Workers ,
Hiring & Firing ,
Hospitality Industry ,
Labor Relations ,
Legal Operations ,
Pay Equity Laws ,
Remote Working ,
Staffing Agencies ,
State Labor Laws ,
Wage and Hour ,
Workplace Safety
California Governor Gavin Newsom signed into law on Friday a statewide right of recall for employees in certain industries who were laid off due to effects of the COVID-19 pandemic. SB 93, which enacts Labor Code Section...more
California Occupational Safety and Health (Cal/OSHA) further updated its COVID-19 Emergency Temporary Standards Frequently Asked Questions late last week in an attempt to provide more clarification and answer questions the...more
1/12/2021
/ Cal-OSHA ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Employee Benefits ,
Employer Liability Issues ,
Employer Responsibilities ,
Employment Policies ,
Infectious Diseases ,
New Guidance ,
Occupational Exposure ,
Quarantine ,
Return-to-Work Agreements ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Wage and Hour ,
Workplace Safety
Federal lawmakers agreed to a second round of stimulus legislation late last night, sending a nearly 6,000-page bill to President Trump for his expected signature. The proposal allocates $900 billion in economic relief to...more
12/23/2020
/ Borrowers ,
Business Expenses ,
Coronavirus/COVID-19 ,
Employee Benefits ,
Employee Retention ,
Employer Liability Issues ,
Families First Coronavirus Response Act (FFCRA) ,
Federal Loans ,
Financial Stimulus ,
Flexible Spending Accounts ,
Income Taxes ,
Loan Applications ,
Loan Forgiveness ,
Paid Leave ,
Paycheck Protection Program (PPP) ,
Relief Measures ,
Reporting Requirements ,
Retail Workers ,
Return-to-Work Agreements ,
Small Business ,
Small Business Loans ,
Tax Benefits ,
Tax Deductions ,
Unemployment Benefits
With just weeks to go before the expiration of many stimulus programs aimed at stemming the pain of the pandemic, federal lawmakers are hurriedly working on a compromise legislative proposal to provide another round of...more
California Governor Gavin Newsom just announced a Regional Stay Home Order on December 3 that could soon have a dramatic impact on businesses in the state. Unlike previous orders, the Regional Stay Home Order focuses on...more
12/4/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employment Policies ,
Furloughs ,
Governor Newsom ,
Health and Safety ,
Infectious Diseases ,
Layoffs ,
Public Health ,
Quarantine ,
Shelter-In-Place ,
Workplace Safety
California Governor Gavin Newsom just signed legislation that establishes a workers’ compensation presumption that will apply to most employers in the state that have a COVID-19 “outbreak” through 2022 – meaning it is much...more
9/17/2020
/ Burden of Proof ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Liability Issues ,
Executive Orders ,
First Responders ,
Governor Newsom ,
Health and Safety ,
Healthcare Workers ,
Infectious Diseases ,
New Legislation ,
Reporting Requirements ,
Sick Employees ,
State Labor Laws ,
Virus Testing ,
Workers' Compensation Claim
The California legislature just closed the books on one of the most interesting sessions in the State’s history. Not only did it itself shut down completely on two different occasions due to the COVID-19 pandemic, the last...more
It’s hard to keep up with all the recent changes to labor and employment law. While the law always seems to evolve at a rapid pace, there have been an unprecedented number of changes for the past few years—and this past month...more
9/10/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Families First Coronavirus Response Act (FFCRA) ,
Independent Contractors ,
Medical Leave ,
Misclassification ,
NLRB ,
Paid Leave ,
Payroll Taxes ,
Reasonable Accommodation ,
Remote Working ,
Telecommuting ,
Unemployment Benefits ,
Wage and Hour ,
Wrongful Death
After returning from its hiatus on May 4, the California legislature has wasted no time in drafting a flurry of new bills which will affect employers in the aftermath of the state’s response to COVID-19. While the state...more
7/27/2020
/ Bereavement Leave ,
Burden of Proof ,
California Family Rights Act (CFRA) ,
Coronavirus/COVID-19 ,
Disclosure Requirements ,
Employee Benefits ,
Employee Retention ,
Employer Liability Issues ,
Executive Orders ,
Governor Newsom ,
Health and Safety ,
Hiring & Firing ,
Independent Contractors ,
Layoff Notices ,
Layoffs ,
Legislative Agendas ,
Local Ordinance ,
Misclassification ,
Notice Requirements ,
Paid Leave ,
Pay Data ,
Pending Legislation ,
Reporting Requirements ,
Sick Leave ,
State Labor Laws ,
Unpaid Leave ,
Wage and Hour ,
Wage Theft ,
WARN Act ,
Workers' Compensation Claim ,
Workplace Safety
In a budget deal finalized today and expected to be approved by state lawmakers in a matter of days, the California state legislature has reached an agreement that will see $17.5 million allocated toward enforcement of AB-5...more
California Governor Gavin Newsom just enacted sweeping changes to the state’s workers’ compensation standards, providing that a broad swath of California workers who contract COVID-19 are presumed to have a workplace injury...more
After reviewing the 2,203 pieces of proposed legislation introduced in the California legislature by the February 21 deadline, it’s obvious that one issue will dominate debate in the 2020 session: the continued fallout from...more
3/2/2020
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Employment Policies ,
Exemptions ,
Freelance Workers ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Labor Regulations ,
Legislative Agendas ,
Misclassification ,
State Labor Laws ,
Wage and Hour
Wednesday, January 8th, saw a state court conclude that California’s controversial new misclassification law doesn’t apply to truck drivers, the second time in the last few weeks that a judge has come down hard on AB-5 for...more
1/10/2020
/ ABC Test ,
Commercial Truck Drivers ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Federal Aviation Administration Authorization Act of 1994 (FAAAA) ,
Gig Economy ,
Hiring & Firing ,
Independent Contractors ,
Misclassification ,
Preemption ,
State Labor Laws ,
Wage and Hour
California employers just received a last-minute reprieve from complying with a newly enacted law that aims to prevent them from utilizing mandatory arbitration agreements with their employees – at least for now. A federal...more
First-year Governor Gavin Newsom signed some significant pieces of legislation in recent days that will impact employers across California – ranging from a ban on mandatory arbitration agreements, to a complete rewrite to the...more
10/15/2019
/ Amended Legislation ,
Arbitration ,
Arbitration Fees ,
Bias ,
California Consumer Privacy Act (CCPA) ,
Corporate Counsel ,
Delays ,
DFEH ,
Employee Training ,
Employer Liability Issues ,
Employment Discrimination ,
Filing Deadlines ,
Governor Newsom ,
Hairstyle Discrimination ,
Hiring & Firing ,
Independent Contractors ,
Lactation Accommodation ,
Mandatory Arbitration ,
Misclassification ,
New Legislation ,
Privacy Laws ,
Settlement Agreements ,
Sexual Harassment ,
State Labor Laws ,
Statute of Limitations
When it comes to paying your arbitration fees in whole and on time, the stakes for California employers just got more serious. Under legislation just signed by Governor Newsom, a drafting party that fails to pay arbitration...more
• Under a new law just signed into effect by the California Governor and set to take effect on January 1, 2020, employers will no longer be able to compel workers into arbitration for state discrimination claims or those...more
10/14/2019
/ Arbitration ,
Arbitration Agreements ,
Employer Liability Issues ,
Employment Contract ,
Employment Discrimination ,
Employment Litigation ,
Federal Arbitration Act ,
FEHA ,
Labor Code ,
Mandatory Arbitration ,
Preemption ,
Private Right of Action ,
State Labor Laws