As fires rage across the Western United States, I find myself spending more time monitoring air quality. In the good old days, that used to mean looking outside to see if the sky was clear or hazy. Now it involves checking websites or home monitors to determine the Air Quality Index for particulate matter with
Don’t Forget CA Sexual Harassment Prevention Training Mandate in 2020
With so much going on for employers in 2020, let us not forget the #MeToo movement and related changes in California’s laws requiring sexual harassment prevention training. All employers with more than five employees anywhere must train all California employees (managers/supervisors and staff) on sexual harassment prevention training before year end.
A while back, I
Employers Heads Up! These are the bills of Importance on Governor Newsom’s Desk
Anticipation mounts as we watch for California Governor Gavin Newsom’s action on bills of immediate importance to employers. The Governor has until September 30, 2020 to sign or veto the following bills of concern:
SB 1383 – Historic Extensions of California Family Rights Act Obligations
If signed by the Governor, this bill will extend
California Expands Paid Sick Leave Requirements for COVID-19
Yesterday, Governor Gavin Newsom signed AB1867 into law, which provides supplemental paid sick leave benefits for California workers. The new law, which adds section 248.1 to the Labor Code, provides coverage for employees who did not receive paid sick leave benefits under the federal Families First Coronavirus Response Act (“FFCRA”). The effective date will be
Hiring During the Pandemic: Employers Must Plan Defensively
In meaningful numbers, employers across the U.S. who are rebuilding their workforces are being sued by employees not recalled from COVID furloughs and applicants not hired. Last week, I posted an Alert describing the risks to employers nationally of such litigation and giving recommendations on hiring up defensively. California employers, in particular, may be at
California Legislature Reaches Deal On Modifications to AB5
On Monday night, the California legislature passed Assembly Bill 2257 (AB2257), a clean-up bill to Assembly Bill 5 (AB5). Under AB 2257, musicians, fine artists, freelance writers, photographers, and translators would be among those getting exemptions from AB5 to continue working as independent contractors, rather than as employees. The bill is expected to be signed
California’s Blueprint for a Safer Economy
Several weeks have gone by since Governor Newsom paused California’s reopening plan due to a surge in COVID-19 cases, leaving California businesses with little guidance as to when they could resume reopening. On August 28, 2020, the state finally released The Blueprint for a Safer Economy. This new blueprint for reopening is a four-tier,
Reassessing the Pros and Cons of Workplace Arbitration
As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that it’s a complicated issue. So starting about five years ago, I’ve been laying out what I saw as the pros and cons of mandatory workplace
Shutdown Averted – Lyft and Uber’s AB-5 Battle With California Heats Up
The fate of rideshare companies in California has taken several dramatic twists today following last week’s preliminary injunction enjoining Lyft and Uber from classifying their drivers as independent contractors.
The trial court’s injunction, issued on August 10th, served as a considerable defeat for Lyft and Uber in their attempt to avoid a revamped employee classification
Can California Employers Use the New FMLA Certification of Health Care Provider Forms?
As you may have heard, the federal Department of Labor has issued new Certification of Health Care Provider forms for an employee’s own serious health condition (WH-380-E) and to care for a family member (WH-380-F).
These forms are important to justify an employee’s request for FMLA and provide much more information