The Los Angeles City Council has voted to extend the requirements of the Families First Coronavirus Response Act to employees working within the City of Los Angeles for employers that employ 500 or more persons in the United...more
My grandmother used to say that one of the biggest lies told in America was the statement: “I’m from the government, and I’m here to help”. Grandma was a bit of a pessimist. But the Department of Labor has issued, and...more
At 880 pages in length, “comprehensive” does not seem to do it justice. But the Coronavirus Aid, Relief and Economic Security Act is, in a word, comprehensive. Coming on the heels of the Families First Coronavirus Response...more
The below message has been posted with permission from the Beverly Hills Chamber of Commerce.
On Friday, March 27th, the Los Angeles City Council is having an emergency remote meeting to consider a new policy to require...more
To assist California employers in understanding the possible application of benefits available to workers in response to the COVID-19 crisis under both state and federal law, we provide the following handy chart....more
There is a fair amount of confusion among California businesses regarding Governor Newsom’s “stay home” order and which facilities should remain open. Unfortunately, Executive Order N-33-20 does not provide much guidance....more
In an effort to address some of the issues presented by California’s WARN Act in connection with the COVID-19 crisis, Governor Newsom has issued Executive Order N-31-20 partially suspending certain provisions of Cal-WARN. As...more
3/19/2020
/ Coronavirus/COVID-19 ,
Emergency Management Plans ,
Employer Responsibilities ,
Executive Orders ,
Governor Newsom ,
Layoff Notices ,
Layoffs ,
Notice Requirements ,
Unemployment ,
Unemployment Benefits ,
WARN Act
As employers struggle to cope with the impact of coronavirus 2019 (COVID-19), we have encountered a surprising number of employers who have been led to believe that a “furlough” is an employer option that can be implemented...more
Given the level of concern regarding the coronavirus, providing employees with reliable information and establishing both a prevention plan and a plan to follow if illness occurs is a good way to avoid panic and help ensure a...more
Senate Bill 850, also referred to as the Fair Scheduling Act of 2020, would require grocery stores, restaurants and retail stores to provide employees with 21-day work schedules, at least seven calendar days in...more
Assembly Bill 5 became effective on January 1, 2020. The law purports to prevent the misclassification of employees as independent contractors by codifying the ABC test established by the California Supreme Court case of...more
Effective January 1, 2020, Assembly Bill 1554 requires that California employers notify employees who participate in a flexible spending account, including a dependent care flexible spending account, a health flexible...more
A federal judge issued a temporary restraining order on Tuesday, December 31st, to halt enforcement of California’s Assembly Bill 5 (AB 5), regarding truck drivers, only hours before the law went into effect on January 1,...more
Although popular with employers as a method to expedite the resolution of disputes and reduce costs, arbitration is unpopular with plaintiff’s lawyers and, apparently, the California Legislature. As we wrote about here,...more
12/19/2019
/ Arbitration ,
Attorney's Fees ,
Breach of Contract ,
Consumer Contracts ,
Consumer Financial Contracts ,
Drafting Attorney ,
Employment Contract ,
Information Reports ,
Jurisdiction ,
Mandatory Arbitration Clauses ,
Pending Legislation
I have been asked by more than one frustrated California employer how to avoid or reduce employment lawsuits. It is not easy question to answer as there are many variables that go into generating employment law claims....more
12/13/2019
/ Audits ,
Background Checks ,
Best Management Practices ,
Corporate Culture ,
Discipline ,
Employee Handbooks ,
Employer Liability Issues ,
Employment Policies ,
Human Resources Professionals ,
Leadership ,
Performance Reviews ,
Risk Assessment ,
Risk Management ,
Strategic Planning ,
Training
Assembly Bill 749 is an unnecessary law that will only serve to incentivize more lawsuits between former employees and employers. Effective on January 1, 2020, AB 749 will prohibit an agreement to settle an employment dispute...more
I am frequently asked about the pros and cons of having an unlimited vacation policy. To begin, I do not think it works for every category of worker, nor does it work for every type of company....more
In Ferra v. Loews Hollywood Hotel, LLC, the California Court of Appeal considered the method for determining the amount of the one hour of pay at the employee’s “regular rate of compensation” for each workday in which an...more
Effective January 1, 2020, Assembly Bill 51 will prohibit employers from requiring employees to waive forum or procedure rights under the Fair Employment and Housing Act or the Labor Code in favor of arbitration as a...more
On August 30, 2019, Governor Newsom signed into law AB 1804, which requires employers to immediately report any serious occupational illness, injury or death to the California Division of Occupational Safety and Health, by...more
On September 18, 2019, Governor Newsom signed Assembly Bill 5, thereby establishing a law that purports to prevent the misclassification of employees as independent contractors and provide “basic rights and protections they...more
9/20/2019
/ ABC Test ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Governor Newsom ,
Hiring & Firing ,
Independent Contractors ,
Labor Code ,
Misclassification ,
New Legislation ,
Retroactive Application ,
State Labor Laws ,
Wage and Hour
On August 30, 2019, Governor Newsom signed into law SB 778, which delays by one year the new harassment training requirement imposed by last year’s SB 1343. As a result, employers with five or more employees or independent...more
What happens when legislative efforts are met with focused pressure from a variety of industries, civic groups and professional lobbyists? Witness pending Assembly Bill 5, a hopelessly confusing mixture rules and exceptions...more
9/5/2019
/ ABC Test ,
DoorDash ,
Dynamex ,
Employee Definition ,
Employer Liability Issues ,
Gig Economy ,
Independent Contractors ,
Lobbyists ,
Lyft ,
Misclassification ,
Professional Services Contract ,
Proposed Legislation ,
State Labor Laws ,
Subcontractors ,
Third-Party Service Provider ,
Uber
Krista Townley was a server at BJ’s Restaurants, Inc. As a server, Townley was required to wear black, slip-resistant close-toed shoes pursuant to company policy. Townley purchased a pair of canvas shoes that complied with...more
Beginning as early as June 30, 2020, California employers with 5 or more California-based employees not already offering an employer-sponsored retirement plan will have to begin offering a retirement savings program, either...more