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Cal/OSHA Update: Don’t Take That Mask Off Just Yet!

At its June 9, 2021, special meeting, the Cal/OSHA Standards Board voted to withdraw the revisions to the Emergency Temporary Standards (ETS) that had been approved at its June 3rd meeting. You can find more information here....more

FFCRA Tax Credits For Paid Sick Leave And Emergency Family Leave Extended Through September 2021

The American Rescue Plan Act of 2021 (“ARPA”) was signed by President Biden on March 11, 2021. Part 5 of the ARPA provides for additional credits to employers whose choose to grant paid sick leave and emergency family leave...more

Are You Asking Applicants When They Can’t Work? If So, You May Be Violating FEHA

While employers were busy dealing with a multitude of issues during the peak of the Covid-19 pandemic in the Spring of 2020, the California Department of Fair Employment and Housing (“DFEH”) quietly issued some amended...more

DFEH Issues New Publications And Forms In Connection With The Expansion Of The CFRA

On January 8, 2021 the California Department of Fair Employment and Housing (“DFEH”) issued new Posters, Fact Sheets, FAQs, and Certification forms in connection with the expansion of the California Family Rights Act (“CFRA”)...more

Governor Newsom Signs AB 2257 – More Clarifications And Exceptions To The “ABC Test” For Independent Contractor Status

On September 4, 2020, Governor Newsom signed AB 2257, a bill that provides comprehensive clarifications and changes to the very controversial bill – AB 5 – that went into effect in January 2020 and requires the use of the...more

The DOL’s New Model FMLA Notices And Forms

On July 16, 2020, the DOL issued new model FMLA notices and forms with a June 2020 revision date. The look of the notices and forms are somewhat different from previous versions but there are not a lot of substantive...more

California’s COVID-19 Employer Playbook For A Safe Reopening

The California Department of Public Health (“CDPH”) issued its “COVID-19 Employer Playbook” on July 24, 2020 in an effort to provide employers with a comprehensive guide related to COVID-19 as employers reopen their business....more

The U.S. Supreme Court Has Decided: LGBTQ Employees Are Entitled To Protections Under Title VII

In the midst of the COVID-19 pandemic, an economic crisis that is predicted to be as bad as the great depression, and unrest over racial inequality and police brutality that is giving birth to a global movement for social...more

The DFEH’s Free On-Line Sexual Harassment Prevention Training For Non-Supervisors Is FINALLY Available

On May 20, 2020, the California Department of Fair Employment and Housing (DFEH) announced that it has finally launched free anti-sexual harassment training for non-supervisory employees. The online training, which is...more

California Continues To Work With Counties For The Slow Re-Opening Of The State

This is a follow up to our previous blog regarding California’s gradual entry into Stage 2 of the State’s re-opening plan – termed the “Resilience Roadmap.” As Governor Newsom announced on Tuesday, May 13, 2020, counties are...more

Governor Newsom Announces The Gradual Beginning Of Stage 2 Of California’s Re-Opening Plan

On May 7, 2020, Governor Newsom announced the plan to gradually move into Stage 2 of the State’s Re-opening Plan beginning May 8, 2020. In addition to the Governor’s announcement in his press conference, the California...more

Finally – SBA Guidance On An Employer’s PPP Loan Forgiveness When Employees Refuse to Return To Work

On May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act. Among other things, the updated FAQs finally addressed this issue: What happens to an employer’s ability to...more

EEOC Updates Its Guidance And FAQs Regarding COVID-19 And The ADA, The Rehabilitation Act, And Other EEO Laws

The EEOC has updated its COVID-19 Guidance by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace. The new FAQs discuss things like: an employer’s right to screen employees...more

The IRS FAQs Provide Guidance On Employee Documentation/Information To Support FFCRA Leave

On March 31, 2020, the IRS issued 66 FAQs providing guidance to employers in connection with the payment of, and tax credits for, emergency paid sick leave (E-PSL) and emergency FMLA leave (E-FMLA) under the Families First...more

California Governor Newsom Issues State-Wide Stay At Home Order

On March 19, 2020 Governor Newsom issued a state-wide stay at home Order that will remain in place until further notice. Click here to view a PDF of Executive Order 33-20. The Order directs all residents in the State of...more

Governor’s Newsom’s Statewide Order Is In Place So Now, How Do Businesses Identify Essential Critical Infrastructure Workers?

As our earlier post on March 19, 2020 announced, Governor Newsom issued Executive Order N-33-20 ordering all residents to stay home or at their place of residence except as needed to maintain continuity of operations of the...more

New Laws That Will Significantly Impact The Litigation Of Employment Disputes

The October 13, 2019 deadline for Governor Newsom to take his final actions in the 2019 legislative season has come and gone and as expected, he signed into law a number of employment-related bills. Below is a summary of just...more

The California Supreme Court Clarifies Wages Are NOT Part Of The “Civil Penalty” Under Labor Code Section 558 In A PAGA Action

On September 12, 2019, the California Supreme Court issued it decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”). In analyzing whether the Plaintiff’s lawsuit could...more

Will Assembly Bill 5 – And The Answer To The Question Of … What Test Applies When Classifying Independent Contractors … Make It To...

If you’re like me – and thousands of other attorneys, business owners, and individuals in California – you’ve probably been following the progress of Assembly Bill (“AB”) 5 and holding your breath and wondering with...more

New DFEH Notice And Certification Related To Medical Leaves And Parental Leaves Under California Law

California employers covered by the California Family Rights Act (“CFRA”) and/or the California New Parent Leave Act (“NPLA”) should take note that California’s Department of Fair Employment and Housing (“DFEH”) has issued...more

[Event] 2019 Employment Law Update - January 23rd, San Francisco, CA

Join the attorneys from Weintraub Tobin’s Labor and Employment Group as they discuss important legal developments from 2018 and review a number of new laws facing employers in 2019. Program Highlights: • New Federal...more

Employer’s Rounding Policy Upheld and Employees Lose Their Class Action & PAGA Lawsuit

On December 10, 2018, the Fourth Appellate Court decision in Kennedy Donohue v. AMN Services, LLC (“AMN”) was certified for publication and it brings good news for California employers who use a neutral rounding timekeeping...more

Which California Employment-Related Bills Were Signed Into Law And Which Ones Did Not Make The Cut?

Well September 30, 2018 has come and gone. As my September 19, 2018 article indicated, that was the deadline for Governor Brown to either sign or veto a large number of employment-related bills passed by the California...more

To Be Or Not To Be [A New Law]? Countdown On Governor Brown’s Review Of California Employment-Related Bills

The September 30th deadline for Governor Brown to act on numerous employment-related bills passed by the California Legislature during the 2017-2018 Legislative Term is fast approaching. This Blog summarizes only 21 of the...more

Good News Employers – There Are Now Some Answers To Your Questions About The Recent Law Prohibiting Use Of Prior Salary History

On July 18, 2018, Governor Brown signed Assembly Bill (AB) 2282 which provides answers and clarifications to a number of questions employers had about the new law that went into effect in January 2018 (Assembly Bill 168 –...more

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