Beginning October 1, 2022, when a public health emergency is in place, businesses with 100 or more employees worldwide must provide up to 80 hours of paid Public Health Emergency Leave (PHEL) each calendar year to each...more
10/3/2022
/ California ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Covered Employees ,
Covered Employer ,
Employer Liability Issues ,
Infectious Diseases ,
Paid Leave ,
Paid Sick Leave ,
Public Health Emergency ,
Regulatory Mandates ,
San Francisco ,
State and Local Government
Some employers in Florida will be prohibited from requiring their employees to attend activities that promote or otherwise endorse certain concepts related to race and sex beginning July 1, 2022...more
7/1/2022
/ Anti-Discrimination Policies ,
Bias ,
Diversity and Inclusion Standards (D&I) ,
Employee Training ,
Employees ,
Employer Liability Issues ,
Florida ,
Governor DeSantis ,
New Legislation ,
Race Discrimination ,
Sex Discrimination ,
State Labor Laws ,
Stop Woke Act
California’s Private Attorneys General Act (PAGA) is a statute that authorizes employees to bring an action for civil penalties on behalf of the state against an employer for Labor Code violations committed against the...more
6/17/2022
/ Arbitration ,
Arbitration Agreements ,
California ,
Class Action ,
Class Action Arbitration Waivers ,
Employees ,
Employment Litigation ,
Federal Arbitration Act ,
Iskanian ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State and Local Government ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
The California Supreme Court, on May 23, 2022, issued a seminal opinion in Naranjo v. Spectrum Security Services, Inc., which found that employees can recover penalties for failure to timely pay wages at termination and...more
5/27/2022
/ CA Supreme Court ,
California ,
Employees ,
Employer Liability Issues ,
Labor Code ,
New Legislation ,
Penalties ,
Premium Pay ,
Rest and Meal Break ,
State and Local Government ,
State Labor Laws ,
Wage and Hour ,
Wage Statements
A unanimous three-judge panel reached a decision in the case of Bijon Hill v. Walmart. Last week, the U.S. Court of Appeals for the Ninth Circuit affirmed that Walmart classified a freelance model, Bijon Hill, as an...more
5/9/2022
/ Appeals ,
California ,
Corporate Counsel ,
Employer Liability Issues ,
Employment Litigation ,
Good Faith ,
Independent Contractors ,
Labor Code ,
Misclassification ,
Summary Judgment ,
Wage and Hour
President Biden signed H.R. 4445, the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (the Act), into law on March 3, 2022. Effective immediately, the Act amends the Federal Arbitration Act (FAA) to...more
3/9/2022
/ Amended Legislation ,
Arbitration Agreements ,
Biden Administration ,
Employer Liability Issues ,
Employment Litigation ,
Federal Arbitration Act ,
Legislative Agendas ,
Mandatory Arbitration Clauses ,
New Legislation ,
Sexual Assault ,
Sexual Harassment
Employer vaccination policies are probably the hottest workplace topic in this final quarter of the calendar year. Some employers are even planning to offer COVID-19 vaccination shots at holiday parties to make it easier for...more
The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued its long-awaited emergency temporary standard (ETS) requiring all employers with a total of 100 or more employees to mandate...more
11/8/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Federal Contractors ,
Infectious Diseases ,
Masks ,
OSHA ,
Reasonable Accommodation ,
Religious Exemption ,
Remote Working ,
Vaccinations ,
Virus Testing ,
Workplace Safety
With the 2021 California legislative year closed, it is now time to examine the new legislation that will affect California companies. We have summarized the key new legislation below, with relevant action items noted....more
10/26/2021
/ Arbitration ,
California ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Discrimination ,
Independent Contractors ,
Labor Regulations ,
New Legislation ,
Paid Family Leave Law ,
Piece-Rate Pay ,
Reporting Requirements ,
State and Local Government ,
State Labor Laws ,
Tips ,
Unions ,
Wage and Hour ,
Wage Theft ,
Warehouses ,
Workplace Safety
With the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for...more
9/1/2021
/ Americans with Disabilities Act (ADA) ,
Coronavirus/COVID-19 ,
Emergency Use Authorization (EUA) ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Food and Drug Administration (FDA) ,
Incentives ,
Masks ,
Paid Leave ,
Reasonable Accommodation ,
Social Distancing ,
Vaccinations ,
Wage and Hour
California law generally requires that employers provide nonexempt employees an uninterrupted nonworking 30-minute meal period to begin before the end of the fifth hour of work. These requirements apply even if the employee...more
3/23/2021
/ CA Supreme Court ,
Employer Liability Issues ,
Employment Litigation ,
Employment Policies ,
Non-Exempt Employees ,
Recordkeeping Requirements ,
Rest and Meal Break ,
Rounding ,
Summary Judgment ,
Timekeeping ,
Wage and Hour
Two recent decisions clarified the circumstances under which California law applies to remote workers. In Bernstein v. Virgin America, Inc., ___ F.3d ___, 2021 WL 686281 (9th Cir. 2021), the U.S. Court of Appeals for the...more
3/22/2021
/ Airline Employees ,
Appeals ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employees ,
Employer Liability Issues ,
Penalties ,
Private Attorneys General Act (PAGA) ,
Remote Working ,
State and Local Government ,
Wage and Hour
With multiple states rolling out phased access to COVID-19 vaccines, many employers are considering whether they want to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of...more
2/2/2021
/ Americans with Disabilities Act (ADA) ,
Centers for Disease Control and Prevention (CDC) ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employment Policies ,
Equal Employment Opportunity Commission (EEOC) ,
Health Insurance Portability and Accountability Act (HIPAA) ,
Infectious Diseases ,
OSHA ,
Reasonable Accommodation ,
Reimbursements ,
Religious Accommodation ,
Reporting Requirements ,
Secretary of HHS ,
Vaccinations ,
Workplace Safety
On January 14, 2021, the California Supreme Court decided Vazquez v. Jan-Pro Franchising International, Inc. The decision holds that the ABC test used to determine independent contractor versus employee status for purposes of...more
1/21/2021
/ ABC Test ,
CA Supreme Court ,
Employee Definition ,
Employer Liability Issues ,
Employment Litigation ,
Former Employee ,
Independent Contractors ,
Misclassification ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
On Election Day 2020, California voters approved Proposition 22 which allows some gig economy companies to continue to classify drivers as independent contractors. These app-based drivers also will be guaranteed minimum...more
For retailers, the holiday season is indeed the “most wonderful time of the year.” But with additional stock and sales to handle, retailers also typically need to increase staffing and hours for employees, which can create...more
California’s legislative session closed with the state Assembly and Senate signing nearly 40 bills related to employment. Below we summarize the key legislation Governor Gavin Newsom ultimately signed into law, including...more
Governor Gavin Newsom signed SB 1383 which expands the California Family Rights Act (CFRA) on September 17, 2020. Previously, the CFRA applied to companies with 50 or more employees within a 75-mile radius and generally...more
The U.S. Department of Labor’s (DOL) Final Rule revising the joint employer regulations under the federal Fair Labor Standards Act (FLSA) took effect on March 16, 2020, (Final Rule). On September 8, 2020, the Hon. Gregory H....more
9/15/2020
/ Department of Labor (DOL) ,
Employer Liability Issues ,
Employment Records ,
Fair Labor Standards Act (FLSA) ,
Final Rules ,
Hiring & Firing ,
Independent Contractors ,
Joint Employers ,
Misclassification ,
Staffing Agencies ,
State and Local Government ,
State Labor Laws ,
Subcontractors ,
Wage and Hour
The “ABC test” now used in California to make determinations regarding the validity of independent contractor classifications initially was adopted by the California Supreme Court in Dynamex Operations W. v. Superior Court, 4...more
9/14/2020
/ ABC Test ,
CA Supreme Court ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Enforcement ,
Exemptions ,
Governor Newsom ,
Independent Contractors ,
Misclassification ,
New Legislation ,
State and Local Government
In a 90-8 vote, the U.S. Senate passed the Families First Coronavirus Response Act. The act expands unemployment benefits, mandates job protected paid and unpaid leave for reasons related to coronavirus, and requires certain...more
On April 3, 2020, the U.S. Centers for Disease Control and Prevention (CDC) issued an updated recommendation that all workers and members of the general public should consider using non-medical face masks or face coverings to...more
The Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020. H.R. 6201 amends several existing federal laws and creates new law to address the...more
The Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020. H.R. 6201 amends several existing federal laws and creates new law to address the...more
“Epidemic” Versus “Pandemic”: A Distinction With A Difference -
On March 11, 2020, the World Health Organization (WHO) officially declared the outbreak of the coronavirus (COVID-19) a global pandemic. Previously, the...more