On October 4, 2023, Governor Gavin Newsom approved Senate Bill No. 616 (SB 616), which significantly increases the amount of paid sick leave required under California’s existing paid sick leave law.
Under existing law,...more
The California Business and Professions Code Section 16600 renders “every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind” as void, subject to narrowly tailored...more
On July 10, 2023, Governor Newsom signed Assembly Bill 102 (“AB 102”), amending the Budget Act of 2023. Buried in this seemingly innocuous appropriations bill is a provision that could mean more burdensome wage and hour...more
The continuing trend of state and local government regulating more aspects of the employment relationship continues, and this time the focus is on pay transparency. These new laws require employers to disclose the pay they...more
The federal Equal Employment Opportunity Commission (EEOC) recently released an updated poster that employers with 15 or more employees must display in the workplace....more
The state with some of the most robust pay laws in the nation is now requiring even more from employers. Earlier this week, California Governor Gavin Newsom signed the Pay Transparency for Pay Equity Act (S.B. 1162) into law....more
On February 9, 2022, Governor Newsom signed Senate Bill 114 resurrecting California COVID-19 Supplemental Paid Sick Leave for 2022 (SPSL 2022). As an employer you might think: “No problem, I already did this in 2021.” But not...more
2/11/2022
/ California ,
Coronavirus/COVID-19 ,
Documentation ,
Employees ,
Employer Liability Issues ,
Governor Newsom ,
New Legislation ,
Paid Sick Leave ,
Sick Leave ,
State and Local Government ,
Wage and Hour
Following the U.S. Sixth Circuit Court of Appeals three-judge panel handing down a split decision reinstating the OSHA Emergency Temporary Standard (“ETS”) vaccination mandate, numerous emergency applications were filed with...more
Yesterday, November 16, the U.S. Judicial Panel on Multidistrict Litigation (the “Panel”) held a lottery to select the federal appeals court to address the 34 petitions seeking review of the COVID-19 Vaccination and Testing...more
11/18/2021
/ Appeals ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Injunctions ,
Multidistrict Litigation ,
OSHA ,
State and Local Government ,
Stays ,
Suspensions ,
Vaccinations ,
Virus Testing
On Friday, November 5, Snell & Wilmer published a Legal Alert regarding the provisions and effective dates of the federal OSHA Vaccination and Testing Emergency Temporary Standard ("ETS"). In that Legal Alert, we noted that...more
Almost two months after President Biden’s announcement of his administration’s mandatory vaccination plan, yesterday, November 4, 2021, the federal Occupational Safety and Health Administration (“OSHA”) published its...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Food and Drug Administration (FDA) ,
OSHA ,
Policies and Procedures ,
Reasonable Accommodation ,
Religious Exemption ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On Monday, August 23, 2021, the Food and Drug Administration (“FDA”) formally approved the Pfizer-BioNTech COVID-19 Vaccine for individuals 16 years of age and older. With this new and much-anticipated approval from the FDA,...more
More than a month after the Centers for Disease Control (CDC) announced that many fully vaccinated individuals no longer need to wear a face covering or physically distance, California finally updated its workplace safety...more
On May 13, 2021, the Centers for Disease Control and Prevention (CDC) made an unexpected change in its guidance for fully vaccinated people as to the use of face coverings and physical distancing. The announcement that...more
Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021. Similar to the...more
On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on...more
As businesses begin to contemplate reopening, what will be the expected norms for employees, vendors, customers, and visitors? The Centers for Disease Control (CDC), Occupational Health and Safety Administration (OSHA), and...more
United States Senator Elizabeth Warren (D-Mass.) and Representative Jan Schakowsky (D-Ill.) announced they will introduce the Part-Time Worker Bill of Rights. If passed, it would:
Require employers with more than 500...more
On March 5, 2018, the California Supreme Court decided Alvarado v. Dart Container Corp., and formally diverged from the federal regulations on calculating overtime for flat rate bonuses....more
3/12/2018
/ Bonuses ,
CA Supreme Court ,
Compensation & Benefits ,
Employer Liability Issues ,
Employment Litigation ,
Incentive Compensation ,
Labor Law Violations ,
Over-Time ,
Payment Terms ,
Payroll Periods ,
State Labor Laws ,
Wage and Hour
In a unanimous decision, the Supreme Court stated the “Dodd-Frank’s text and purpose leave no doubt” about who the term “whistleblower” applies to, holding that whistleblower protection in the Dodd-Frank Act only covers...more
The Fair Labor Standards Act is the federal law applicable to overtime compensation for employees. The U.S. Department of Labor (USDOL) announced this week that the overtime rule changes it proposed in 2015 will become...more
Letter from the Editor -
Welcome to the final 2015 edition of our Under Construction newsletter. It is hard to believe that 2016 is right around the corner!
Drones are a hot topic right now. The first article in...more
12/10/2015
/ City Councils ,
Construction Defects ,
Drones ,
Federal Aviation Administration (FAA) ,
General Contractors ,
Local Ordinance ,
Pay if Paid ,
Piece-Rate Pay ,
Retainage ,
Section 333 Exemption ,
Subcontracts ,
Unenforceable Contract Terms ,
Unmanned Aircraft Systems
On October 10th, Governor Jerry Brown signed into law Assembly Bill No. 1513, which creates new burdensome rules for employers that utilize piece-rate employees in California. Effective January 1, 2016, the new law (which...more
Is your company aware that federal regulations require that employers retain certain personnel and employment records related to its selection procedures? A recent lawsuit by the Equal Employment Opportunity Commission (EEOC)...more
On July 1, 2015, the recent amendments to the California Family Rights Act (“CFRA”) regulations go into effect. Employers who are covered by the CFRA should be aware of these changes as they will impact how they handle family...more