Update -
Cal/OSHA Advisory Meeting Scheduled: The promised Cal/OSHA advisory meeting regarding the recently issued Emergency Temporary Standards (ETS) has been scheduled for Dec. 18, 2020, from 12 p.m. to 5 p.m PT. ...more
On Nov. 30, 2020, the Office of Administrative Law (OAL) approved the ETS, making it effective immediately. The ETS—consisting of five new sections to title 8 of the California Code of Regulations (Sections 3205 -...more
There are now nearly 60 million confirmed cases of COVID-19 worldwide, and over 1 million deaths, including a quarter of a million in the United States. Federal, state and local authorities are recommending that travelers...more
With the 2020 election season in full swing, key issues are being debated and discussed across the country, and not always in the form of polite discourse. One subject that is not up for debate, however, is an employer’s...more
The prolonged impacts of COVID-19, and the legal complexities for workplaces and employee management, have particular relevance to corporate transactions. As we near the final quarter of 2020 and companies race to close deals...more
Furloughs and reductions in employee hours necessitated by the initial COVID-19 outbreak earlier this year may seem like a distant pandemic memory. At the time, many employers decreased labor budgets by furloughing their...more
As the pandemic continues with no clear resolution on the horizon, businesses must continue to revamp and reinvent their day-to-day operations to comply not only with a wide variety of new regulations, but also legal...more
8/18/2020
/ Coronavirus/COVID-19 ,
Employee Benefits ,
Employer Liability Issues ,
Force Majeure Clause ,
Landlords ,
Paid Leave ,
Remote Working ,
Screening Procedures ,
Tenants ,
Wage and Hour ,
Workplace Safety
Many companies modified certain policies (whether formally or informally) during the initial COVID-19 crisis to address furloughs and reduced working hours, including those related to workplace safety, PTO usage and accrual,...more
In the face of the coronavirus pandemic, many companies closed or significantly reduced operations. As they are slowly ramping back up, their staffing needs may be drastically reduced in the short-term and perhaps beyond....more
As many nonessential businesses begin to slowly reopen, they have been left to navigate workplace safety questions without much federal guidance. Many questions have arisen about how best to protect employer and patron...more
6/19/2020
/ Best Practices ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
OSHA ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Screening Procedures ,
Social Distancing ,
Workplace Safety
As businesses begin to reopen nationwide, they should take note of a recently emerging litigation trend: lawsuits against employers for allegedly insufficient COVID-19 protocols and safety measures that are claimed to have...more
In response to the COVID-19 pandemic, Colorado has joined a growing number of states and municipalities in requiring most employers to provide paid sick leave. Although the COVID-19 pandemic was the catalyst for this new...more
As businesses reopen, there undoubtedly will be situations where employees decline to return to work for one reason or another. How should an employer respond when an employee refuses to return to work? ...more
The federal Worker Adjustment and Retraining Notification (WARN) Act and some—but not all—companion state laws contain certain exceptions to the normal notice requirement for covered events, which is 60 days under the federal...more
Employers subject to the federal Worker Adjustment and Retraining Notification (WARN) Act and companion state laws should be aware of certain potential traps....more
Employers no doubt are focused on ensuring worker safety at their facilities. What they may be overlooking, though, is worker safety when working at customer sites and other off-site locations....more
Several jurisdictions (e.g., California, Illinois and Kentucky) have adopted—and many others (such as Colorado) are considering—a temporary presumption that COVID-19 contracted by an employee is work-related (i.e., arising...more
When It Comes to Reopening Throughout the Country, One Size Doesn’t Fit All -
Companies operating in multiple jurisdictions throughout the country, or even different locations within a single state, are required to...more
5/29/2020
/ Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Responsibilities ,
Personal Protective Equipment ,
Re-Opening Guidelines ,
Return-to-Work Agreements ,
Screening Procedures ,
Social Distancing ,
Virus Testing ,
Workplace Decontamination ,
Workplace Safety
Employers planning to remain operational during the coronavirus pandemic should keep their obligations under the Occupational Safety and Health Act (the “OSH Act”) top of mind. The OSH Act’s chief mandate is to “assure safe...more
Colorado employers gained clarity from the Colorado Court of Appeals on a closely watched Colorado wage and hour law issue—when it comes to payout of accrued vacation time upon termination, the written agreement or policy...more
7/25/2019
/ Department of Labor (DOL) ,
Employee Handbooks ,
Employee Rights ,
Employer Liability Issues ,
Paid Time Off (PTO) ,
Policies and Procedures ,
Reversal ,
Sick Pay ,
Vacated ,
Vacation Leave ,
Vacation Pay ,
Wage and Hour ,
Wages
Recognizing the “potentially substantial economic incentives that a business may have” to mischaracterize workers, the California Supreme Court this week announced a strict new test for classifying workers as independent...more
Effective April 1, 2019, companies with 15 or more employees will be subject to mandatory annual training requirements for employees in New York City. Part of the growing national trend to combat sexual misconduct in the...more
’Tis the season for company holiday parties: co-workers of diverse backgrounds and religious beliefs interact in a social setting while partaking of spiked libations under the mistletoe. What could possibly go wrong?...more
Several courts have held that employees are not protected from termination or other adverse employment action for medical marijuana use, even in cases where they hold a medical marijuana card under state law, when they test...more
The Nevada Legislature recently passed, and the governor approved, a new law addressing employee non-compete agreements, which went into effect on June 3, 2017. The law expressly defines the standards for enforceable...more