In April 2022, California’s Occupations Safety and Health Administration Standards Board readopted its emergency COVID-19 standard, meaning the Cal/OSHA COVID-19 regulations are effective through January 2023. This blog covered the proposed changes in a separate...
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California Employment Law Blog
IRS Increases Standard Mileage Rate for the Remainder of 2022
On June 9, 2022, the Internal Revenue Service (“IRS”) announced an increase in the standard mileage rate used to calculate employee mileage reimbursement for the remainder of 2022. The IRS explained that the increase in the rate is because of the “recent gasoline...
“Viking River Cruises, Inc. v. Moriana” – U.S. Supreme Court Finds Certain PAGA Claims Subject to Arbitration
In a recent 8-1 decision affecting California employers, the United States Supreme Court held that employees bringing suit against their employer for violations of the Labor Code under the Private Attorney General Act (“PAGA”) can be compelled to arbitrate on an...
Updates on CDPH Quarantine Guidance and Cal/OSHA’s Proposed Revisions and Readoption of the COVID-19 ETS
CDPH Update On April 6, 2022, the California Department of Public Health (“CDPH”), issued updated quarantine and isolation guidance and one of the most significant changes is that the guidance no longer requires quarantine of asymptomatic persons following exposure to...
Gov. Newsom Signs Executive Order on Cal/OSHA Regulations
On February 28, 2022, Governor Newsom signed an executive order which brings the Cal/OSHA ETS Regulations in-line with present CDPH masking requirements. The CDPH updated its guidance on February 28, 2021, making it a “strong recommendation” that unvaccinated...
California Labor Commissioner Releases FAQ on SPSL Clarifies a Number of Points
On February 17, 2022, the Labor Commissioner’s Office released an FAQ relating to the requirements of the new COVID-19 Supplemental Paid Sick Leave (“SPSL”). That FAQ is available to be reviewed at the following link:...
Labor Commissioner Publishes Poster Concerning New SPSL
The Labor Commissioner has published a poster relating to the notice requirements of the new COVID-19 Supplemental Paid Sick Leave law. Employers should make this poster available to employees as soon as possible and post it in a conspicuous place in the workplace for...
COVID-19 Supplemental Paid Sick Leave is Back: Short Compliance Timeframes
On January 25, 2022, Governor Newsom announced that an agreement with the state legislature’s leadership had been reached to revive COVID-19 Supplemental Paid Sick Leave (“SPSL”). As California employers may recall, SPSL provided a substantial amount of leave (up to...
U.S. Supreme Court Stays U.S. OSHA’s Large Employer Vaccine-or-Test Rule
On January 13, 2022, the United States Supreme Court granted the petitioners applications to stay U.S. OSHA’s vaccine rule. The Court held as follows: "Applicants now seek emergency relief from this Court, arguing that OSHA’s mandate exceeds its statutory authority...
Cal/OSHA Issues FAQ Update Relating to New CDPH Isolation & Quarantine Guidance
On January 6, 2022, Cal/OSHA updated its FAQ on the Emergency Temporary Standard (ETS) to explain how the new California Department of Public Health (CDPH) Guidance on Quarantine and Isolation interacts. The CDPH is substantially different from the prior isolation...
6th Circuit Lifts Injunction of Federal OSHA Vaccinate or Test Mandate and California Updates the COVID-19 ETS
6th Circuit Dissolves Injunction: Fed. OSHA’s Mandate is Effective…For Now. On December 17, 2021, the 6th Circuit Court of Appeal dissolved the 5th Circuit’s injunction with respect to U.S. Occupational Safety & Health Administration’s employer vaccine mandate. ...
CALIFORNIA DEPARTMENT OF PUBLIC HEALTH ISSUES MASK MANDATE EFFECTIVE WEDNESDAY
On December 13, 2021 during a press conference, California’s Health and Human Services Secretary indicated that a new, indoor mask mandate would be in-place effective Wednesday, December 15, 2021 and lasting until January 15, 2021. Later in the afternoon, the...
Federal OSHA: New Emergency Temporary Standard Mandating Vaccination and Testing
On November 4, 2021, the United States Department of Labor’s Occupational Safety and Health Administration released an unpublished version of the language to be submitted for the Emergency Temporary Standard (“ETS”) concerning vaccination and testing. It also created...
Deadline for Supplemental Paid Sick Leave Fast Approaching
Employers should be aware that the expiration deadline for the COVID-19 Supplemental Paid Sick Leave (SPSL) entitlement is September 30, 2021. The statute states that employees taking SPSL at the time of expiration are permitted to take the full amount of their SPSL...
Cal/OSHA Issues Proposed Permanent COVID-19 Hazard Standard: 10 Takeaways
On September 17, 2021, Cal/OSHA issued proposed language for a permanent COVID-19 hazard standard. The “permanent” aspect of the rule may be limited to 2-3 years after its adoption. The existing COVID-19 Prevention Plan standard is a temporary standard and requires...
How should you handle leave requests for addiction recovery?
Drug and alcohol addiction carries much less stigma than in previous eras. Decades ago, those suffering from substance abuse and addiction could expect little understanding from employers when they needed time off for rehabilitation. Now more employees feel better...
What do employers need to know about employee meal breaks?
Employees are required by law to be given various breaks during their shifts. California employers need to know the applicable laws and apply them. There are also some special circumstances employers should be aware of. In California, employees who work five hours or...
What are you allowed to say in an employment verification?
A former employee of your company is a candidate for a job elsewhere. The organization he applied to has asked for his employment verification from you which in addition to dates of employment, may also seek items like: The person’s capabilities and specialized skills...
Handling layoffs if you are the manager
As more people head back to the office after a long period of working from home, some companies are facing the reality that it’s time to downsize. As the manager, the burden of laying off employees falls to you. Knowing that you have to give pink slips to the people...
Employers need to update best practices for video interviews
The pandemic has changed the way that many businesses operate. One of the most notable is video conferencing platforms, both for large all-company meetings and smaller ones discussing internal projects. It even became typical for conducting sales calls. Not...
Statistical analysis can root out unfair pay discrepancies
Even small companies’ payrolls involve a wide range of factors. So many that it can be challenging to determine if the compensation is fair or if it shows bias. If the bias reflects race, gender, country of origin or other factors protected by civil rights laws, any...