California’s legislative session is in full-swing with a variety of bills introduced that could impact compliance and notice requirements for employers. A selection of these bills is below. It is early in the life span of these bills which an and often do change...
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California Employment Law Blog
Cal/OSHA To Enact Non-Emergency COVID-19 Regulation
At its December 15, 2022 meeting, it is anticipated that the California Occupational Safety and Health Standards Board (“OSHSB”) will vote on the pending “non-emergency” regulation relating to COVID-19 prevention. If the standard is approved, it will likely be...
Governor Signs Bill Extending SPSL & Cal/OSHA Standards Board Considers Non-Emergency COVID-19 Standard
While Supplemental Paid Sick Leave (“SPSL”) was set to expire on September 30, 2022, employers should be aware that on September 29, 2022, Governor Newsom signed AB 152 that would extend SPSL to the end of the year. (See Assembly Bill 152.) This bill does not...
Governor Newsom Signs Bill Prohibiting “Discrimination” With Respect to Off-Duty Cannabis Use
On September 18, 2022, Governor Newsom signed Assembly Bill 2188 which amends California’s Fair Employment and Housing Act to prohibit discrimination in hiring, termination, or any term or condition of employment, or otherwise penalizing a person based on a person’s...
CDPH Changes Close Contact Definition
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...
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...
May Employers Give Negative Job References?
When an employee is searching for a new job, a positive reference from a former employer can make all the difference. But what happens when a previous employer decides to give a negative reference? Is this legal? May employers give negative job references? Employers...
3 ways employers can reduce the risk of harassment claims
Harassment is illegal, and no one should tolerate it. Both federal and California law specifically prohibit harassment on the basis of an employee’s age, race, sex, religion or other protective characteristics, like physical disability. The law also protects workers...
What is retaliation and how can it cause problems?
Employees have the right to a workplace that’s free of harassment and discrimination. It’s up to employers to set rules that forbid those types of behaviors. Any employee who experiences one of those things or who notices that laws aren’t being complied with at the...
How do you respond to an administrative discrimination charge?
Whether it comes from California’s Labor Commissioner’s Office or the U.S. Equal Employment Opportunity Commission (EEOC), getting a notice that there’s been a discrimination charge leveled against your company can come as a nasty shock. So, what do you do now? First,...
Will making disability accommodations cause you undue hardships?
People with a disability have the same rights that other members of society enjoy. For example, they cannot be denied the right to apply for and obtain a job based solely on a disability. However, employers may need structural or operational changes in order to...
What California’s pay transparency law means for employers
Pay transparency is becoming the wave of the future. That future is starting on Jan. 1, 2023, for California employers. The new pay transparency law requires California employers with at least 15 employees to provide the pay range for any job listing. Further, it...
How can you make sure you’re paying employees properly?
Employers need to be aware of what is required when it comes to compensating employees. As an employer, you do not want to be on the violation of any California labor laws, as this can lead to stiff penalties. Here are a few things to keep in mind: They need to be...
Avoiding coded language in hiring notices
You would never intentionally put out a job listing that’s biased against certain groups of people, but that doesn’t mean that you aren’t doing it accidentally. The language you use in a job listing can not only dissuade certain viable candidates from applying but can...