To have Private Attorneys General Act (PAGA) standing, a plaintiff must be an “aggrieved employee,” which is an individual who worked for an alleged violator and personally sustained at least one Labor Code violation....more
With bank uncertainty making headlines, we answer employers’ most frequently asked questions about the consequences of payroll delays, strategies for mitigating risk and more.
...more
3/17/2023
/ 401k ,
Banking Sector ,
COBRA ,
Corporate Counsel ,
Department of Labor (DOL) ,
Employee Retirement Income Security Act (ERISA) ,
Fair Labor Standards Act (FLSA) ,
Furloughs ,
Income Taxes ,
IRS ,
Medicare ,
Paid Time Off (PTO) ,
Payroll Taxes ,
Penalties ,
Risk Mitigation ,
Trust Fund Recovery Penalty (TFRP) ,
Unemployment Insurance ,
Voluntary Fiduciary Compliance Program (VFCP) ,
Voluntary Reduction in Force
The Federal Arbitration Act preempts state laws that inhibit parties from entering into arbitration agreements.
In Chamber of Commerce v. Bonta, the Ninth Circuit ruled that the Federal Arbitration Act preempts...more
A number of recent case law and regulatory updates—at both the state and federal levels—carry important implications for California employers in the upcoming year....more
As of January 1, 2023, California will require most employers to disclose “pay scale” information in job postings. SB 1162 also imposes a host of new reporting and pay transparency requirements for larger employers, including...more
10/17/2022
/ California ,
California Consumer Privacy Act (CCPA) ,
Civil Monetary Penalty ,
EEO-1 ,
Governor Newsom ,
Job Applicants ,
Labor Code ,
Labor Commissioners ,
Labor Contractor ,
Pay Data ,
Pay Transparency ,
Remote Working ,
Reporting Requirements
The Federal Arbitration Act is amended to invalidate pre-dispute arbitration agreements as to sexual harassment and/or sexual assault claims. This law allows persons alleging harassment or sexual assault the freedom to decide...more
Employers with 26 or more employees are required to comply with the new COVID-19 supplemental paid sick leave starting February 19, 2022, but employer obligations will be retroactive to January 1, 2022, and remain in effect...more
2/17/2022
/ Cal-OSHA ,
California ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Policies ,
Labor Code ,
Paid Sick Leave ,
Quarantine ,
Remote Working ,
State Health Departments ,
Vaccinations
The California Supreme Court unanimously determines that premium pay for missed meal and rest breaks must be based on the more inclusive “regular rate.”
The California Supreme Court held that employers must pay non-exempt...more
7/26/2021
/ CA Supreme Court ,
California ,
Class Action ,
Department of Labor (DOL) ,
Labor Code ,
Labor Commissioners ,
Meal Penalties ,
New Regulations ,
Private Attorneys General Act (PAGA) ,
Rest and Meal Break ,
Wages
For employers, encouraging but not mandating employee COVID-19 vaccination avoids legal risks.
Organizations seeking to require vaccination of visitors need to consider public accommodation accessibility requirements....more
1/12/2021
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employer Mandates ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Guidance Update ,
OSHA ,
Public Accommodation ,
Reasonable Accommodation ,
Religious Exemption ,
Title VII ,
Vaccinations ,
Workplace Safety
Employers who plan to resume business operations and return employees to the physical workplace after the relaxation of COVID-19 stay-at-home orders must consider how to best balance the reopening of their businesses with the...more
5/4/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
CBAs ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Discrimination ,
EFMLA ,
EPSLA ,
Equal Employment Opportunity Commission (EEOC) ,
Fair Labor Standards Act (FLSA) ,
Families First Coronavirus Response Act (FFCRA) ,
Non-Essential Businesses ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Shelter-In-Place ,
Social Distancing ,
Telecommuting ,
Workplace Safety
EEOC FAQs provide additional guidance on complying with Americans with Disability Act requirements while safeguarding against COVID-19 transmission.
EEOC greenlights employer-administered COVID-19 testing and temperatures...more
4/28/2020
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Food and Drug Administration (FDA) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
New Guidance ,
OSHA ,
Re-Opening Guidelines ,
Reasonable Accommodation ,
Remote Working ,
Virus Testing ,
Workplace Safety
The Department of Labor issues guidance on federally funded initiatives to increase individuals’ unemployment insurance entitlement under the CARES Act.
States may temporarily increase unemployment compensation by $600 per...more
The CDC sets higher safety standards for essential businesses, while guiding the strategy for all employers as businesses look to their future.
New CDC guidance allows essential workers to remain on the front lines even if...more
4/16/2020
/ Centers for Disease Control and Prevention (CDC) ,
Construction Project ,
Coronavirus/COVID-19 ,
Critical Infrastructure Sectors ,
Emergency Management Plans ,
Health and Safety ,
Healthcare ,
Masks ,
Operators of Essential Services ,
Social Distancing ,
Workplace Safety
U.S. Family First Coronavirus Response Act (FFCRA) paid sick leave provisions became effective April 1, 2020.
Final Temporary Rule from Department of Labor (DOL) provides employers with additional interpretive guidance,...more
4/7/2020
/ Business Closures ,
Coronavirus/COVID-19 ,
Department of Labor (DOL) ,
Employee Benefits ,
Families First Coronavirus Response Act (FFCRA) ,
Family and Medical Leave Act (FMLA) ,
IRS ,
Paid Leave ,
Relief Measures ,
Sick Leave ,
Small Business ,
Tax Credits
COVID-19 raises potential employment law compliance issues under several areas of U.S. federal, state and local statutes.
A host of federal, state, and local laws place limits on how employers may implement infection...more
3/9/2020
/ Americans with Disabilities Act (ADA) ,
Anti-Discrimination Policies ,
Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Liability Issues ,
Fair Labor Standards Act (FLSA) ,
Family and Medical Leave Act (FMLA) ,
Infectious Diseases ,
OSHA ,
Policies and Procedures ,
Public Health ,
Risk Management ,
Serious Health Conditions ,
Traveling Employee ,
Wage and Hour ,
Workplace Safety
California Governor Gavin Newsom has signed numerous pro-employee bills into law that will impact all Golden State employers starting January 1, 2020. For now, preparation and compliance planning are essential.
Employers...more
11/22/2019
/ Arbitration Agreements ,
Breastfeeding ,
Contract Terms ,
Corporate Counsel ,
Double Recovery ,
Employer Liability Issues ,
Employment Contract ,
Federal Arbitration Act ,
FEHA ,
Governor Newsom ,
Mandatory Arbitration Clauses ,
No-Rehire Provisions ,
Private Attorneys General Act (PAGA) ,
State Labor Laws ,
Wage and Hour
Recommendations for employers before new law goes into effect on January 1, 2020
On September 18, 2019, California Governor Gavin Newsom signed into law a bill making it risky for employers (regardless of size) to classify...more
9/27/2019
/ ABC Test ,
Commercial Truck Drivers ,
Dancers ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Exemptions ,
Gig Economy ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
State Labor Laws ,
Tech Industry
On September 10, 2014, California Governor Jerry Brown signed into law AB 1522, the Healthy Workplaces, Healthy Families Act of 2014 (“the Act”). The Act grants nearly all California employees the right to at least three...more