On February 15, 2022, the Department of Public Health (CDPH) Order requiring masking of almost all Californians in most indoor public spaces will expire. Last week, CDPH issued new guidance that goes into effect on February...more
As COVID-19 variants work their way through the Greek alphabet, California employers have new CDC guidelines, new Cal-OSHA and CDPH requirements, new decisions to make with respect to vaccine and testing mandates, and when...more
1/11/2022
/ Best Practices ,
Cal-OSHA ,
CDPH ,
Centers for Disease Control and Prevention (CDC) ,
Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Exemptions ,
Infectious Diseases ,
New Guidance ,
New Regulations ,
Vaccinations ,
Virus Testing ,
Webinars
On September 22, 2021, Governor Newsom signed AB 701, which creates new obligations for certain employers with warehouse distribution centers that use production quotas, effective January 1, 2022. Under this new law,...more
1/10/2022
/ California ,
Corporate Counsel ,
Distribution Centers ,
Employees ,
Employer Liability Issues ,
Health and Safety ,
Labor Reform ,
New Legislation ,
Quotas ,
Regulatory Requirements ,
Rest and Meal Break ,
State Labor Laws ,
Wage and Hour ,
Warehouses
On January 5, 2022, the California Department of Public Health announced the extension of its statewide mask guidance for masking in all indoor public settings through February 15, 2022. ...more
1/6/2022
/ California ,
City of Los Angeles ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
The new year has begun and California employers of 100 or more employees should get busy preparing for the annual pay data submission to the Department of Fair Employment and Housing (DFEH). The deadline is March 31, 2022,...more
1/5/2022
/ California ,
DFEH ,
EEO-1 ,
Employer Liability Issues ,
Equal Employment Opportunity Commission (EEOC) ,
Filing Deadlines ,
Pay Data ,
Pay Gap ,
Reporting Requirements ,
State Labor Laws ,
Wage and Hour
As the COVID-19 Omicron variant spreads rapidly, the California Department of Public Health (CDPH) lowered the thresholds that define “Mega Events” effective January 15, 2022. “Outdoor Mega Events” will occur with 5,000 or...more
1/3/2022
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Events ,
Infectious Diseases ,
Public Health Emergency ,
Quarantine ,
Social Distancing ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While the Supreme Court declined to stay the implementation of the Occupational Safety and Health Agency’s vaccine mandate for employers with 100+ employees or to change the status of the rule issued by the Centers for...more
12/27/2021
/ Appeals ,
Biden Administration ,
Case Consolidation ,
Centers for Medicare & Medicaid Services (CMS) ,
Certiorari ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Healthcare Workers ,
Infectious Diseases ,
OSHA ,
Popular ,
SCOTUS ,
Vaccinations ,
Workplace Safety
On December 17, 2021, the Sixth Circuit Court of Appeals granted the Biden administration’s Motion to Dissolve the stay on the Occupational Safety and Health Administration’s (Fed/OSHA) COVID-19 Vaccination and Testing...more
12/20/2021
/ Biden Administration ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Infectious Diseases ,
Motion to Dissolve ,
Multidistrict Litigation ,
OSHA ,
Petition for Writ of Certiorari ,
SCOTUS ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
On December 13, 2021, the California Department of Public Health (“CDPH”) issued updated “guidance” related to masking, the timing of COVID testing of non-vaccinated persons at Mega Events, and COVID testing for persons...more
12/17/2021
/ California ,
CDPH ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Events ,
Infectious Diseases ,
Masks ,
New Guidance ,
Personal Protective Equipment ,
Public Health ,
Workplace Safety
On December 14, 2021, the Equal Employment Opportunity Commission (EEOC) updated its guidance to hone in on how it will, likely, interpret COVID-19 issues related to future disability discrimination claims. ...more
Yesterday, the United States District Court for the Southern District of Georgia issued a nationwide injunction against the enforcement of Executive Order (EO) 14042’s mandate that had ordered federal contractors and...more
12/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Lack of Authority ,
Preliminary Injunctions ,
Vaccinations ,
Workplace Safety
On November 12, 2021, the United States Fifth Circuit Court of Appeals affirmed its stay on the Federal Vaccination and Testing Emergency Temporary Standard (VAX ETS) pending what it called “adequate judicial review of the...more
11/15/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
New Rules ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
The 490-page Federal Occupational Safety and Health Administration’s (Fed/OSHA) Vaccination and Testing Emergency Temporary Standard (VAX ETS) was published on November 5, 2021 and while it was effective immediately giving...more
11/8/2021
/ Biden Administration ,
Cal-OSHA ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Health and Safety ,
Infectious Diseases ,
Motion To Stay ,
OSHA ,
Stays ,
Vaccinations ,
Virus Testing ,
Workplace Safety
While the EEOC extended its August deadline for mandatory EEO-1 reporting to October 25, 2021, on November 1, 2021, the EEOC indicated that employers will have until November 15, 2021 to comply with mandatory reporting....more
11/3/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Filing Deadlines ,
Gender-Based Pay Discrimination ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Wage and Hour
The Department of Justice (DOJ) finally fulfilled its long time promise to criminally prosecute “no-poach” agreements. A no-poach agreement is an agreement between two or more employers not to hire employees away from each...more
There are many laws that provide for time off, paid or unpaid, and some provide protected leaves of absence, too, including CFRA, USERRA, FMLA, PFL, PDL, California Paid Sick Leave, Workers’ Compensation and...more
10/15/2021
/ Continuing Legal Education ,
Coronavirus/COVID-19 ,
Employee Rights ,
Federal Labor Laws ,
Leave of Absence ,
Paid Leave ,
Reinstatement ,
Return-to-Work Agreements ,
State Labor Laws ,
Wage and Hour ,
Webinars
On October 7, 2021, Governor Newsom enacted SB 331 to put up additional restrictions on employers offering severance agreements and settling claims alleging harassment, discrimination or retaliation based on purported...more
All employers covered by Title VII of the Civil Rights Act of 1964 have until August 23, 2021 to submit an EEO-1 Report of demographic workforce data to the EEOC for each of 2019 and 2020. ...more
7/28/2021
/ Data Collection ,
EEO-1 ,
Equal Employment Opportunity Commission (EEOC) ,
Equal Pay ,
Labor Regulations ,
Pay Data ,
Pay Discrimination ,
Pay Gap ,
Regulatory Requirements ,
Reporting Requirements ,
Statutory Deadlines ,
Wage and Hour
Colorado’s and Virginia’s emulation of California by recently enacting comprehensive privacy laws is an important reminder to California employers that the clock is ticking to comply with California’s new privacy regulations....more
Late Friday afternoon, July 16, 2021, the LA County Health Department published its much-ballyhooed Order returning a mask requirement to most indoor settings. The order requires masks for all persons, regardless of...more
7/19/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Workplace Safety
Los Angeles County Health Department announced that it will issue an order on July 16 requiring masks indoors regardless of a person’s vaccination status to be effective on July 17, 2021 at 11:59 p.m. ...more
7/16/2021
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Health and Safety ,
Infectious Diseases ,
Local Ordinance ,
Masks ,
Personal Protective Equipment ,
Public Health ,
Regulatory Requirements ,
Workplace Safety
President Biden’s Executive Order on Promoting Competition in the American Economy includes a directive to the Federal Trade Commission (FTC) to “curtail the unfair use of non-compete clauses and other clauses or agreements...more
7/12/2021
/ Anti-Competitive ,
Biden Administration ,
Employer Liability Issues ,
Employment Contract ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Former Employee ,
Hiring & Firing ,
Non-Compete Agreements ,
Popular ,
Restrictive Covenants
On May 28, 2021, the U.S. Equal Employment Opportunity Commission (“EEOC”) updated its guidance as it relates to federal equal employment opportunity laws and COVID-19 vaccinations. ...more
6/2/2021
/ Americans with Disabilities Act (ADA) ,
Civil Rights Act ,
Coronavirus/COVID-19 ,
Employee Incentive Plans ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
GINA ,
Infectious Diseases ,
Reasonable Accommodation ,
Title VII ,
Vaccinations ,
Workplace Safety
Yesterday's new CDC guidance that fully vaccinated persons may stop wearing masks and distancing in most settings is a welcome announcement after over a year of the COVID crisis. However, California employers should note...more
A recent lawsuit had many employers on edge after an employee’s spouse contracted COVID and sued her husband’s employer claiming that the employer was liable for tort damages because it knew or should have known that its...more