Employment Law Information Network
All Things Labor and Employment Law
By: Uber and Lyft Ordered to Reclassify Their Drivers as Employees
As we recently reported, the State of California, joined by the cities of San Francisco, San Diego, and Los Angeles, recently filed a lawsuit against Uber and Lyft in San Francisco Superior Court, alleging that they unlawfully persist in classifying
By: Waymo v. Uber – Anthony Levandowski Convicted – Do Not Pass Go!
Its been over three years since Judge Alsup’s early rulings demonstrated his concern that Waymo’s former star engineer, Anthony Levandowski, took Waymo’s proprietary information to Uber and, today, August 4, 2020, Judge Alsup sentenced Levandowski to 18-months in
By: All Signs Lead to Cal/OSHA Issuing COVID-19 Citations In the (Very) Near Future
Governor Newsom’s televised news briefing on July 24, 2020, provided clues that enhanced enforcement of COVID-19 workplace safety is in the works. Likely, in response to criticism of the perceived ineffective response to worker protection during COVID-19,
By: Senate Republicans Propose Bill to Shield Employers From COVID-19 Related Lawsuits
This week, Senate Republicans introduced a bill (S-4317) that would provide employers with protections from certain types of COVID-19 lawsuits that are already being filed and are expected to increase in the coming months. Importantly, this would be a
By: A Slew of New Employment Laws May Be on the Horizon for California Employers
Although the pandemic has caused the shutdown of many businesses and has significantly curtailed life as we know it, it has not stopped the California legislature. The legislature is considering a number of bills this term
By: Groundhog Day? California Governor Re-Closes Numerous Businesses Effective Immediately
Citing concerns about COVID cases being on the rise in California, today Governor Newsom announced a number of businesses that are being required to close again, effective immediately. Statewide, the following businesses are required to close indoor operations:
Dine-in restaurants
The United States Supreme Court issued two decisions this week in cases involving religion and the workplace. In one case, the Court held that religious organizations may not be sued for discrimination by their teachers. In the
By: San Francisco Passes Emergency Temporary Back to Work Ordinance
On June 23, 2020, the San Francisco Board of Supervisors passed an emergency ordinance requiring employers with more than 100 employees who laid off employees due to the COVID-19 pandemic to rehire those employees if it seeks to re-fill the same
By: What To Do When an Employee Tests Positive for COVID-19
Since most workplaces began reopening, we have been getting more and more questions from employers about what to do if they have an employee who reports that they have tested positive for COVID-19. Cal-OSHA likely has been getting similar inquiries
As employers know, Congress recently enacted the Families First Coronavirus Response Act (FFCRA), which requires most public employers and private sector employers with less than 500 employees to provide paid leave to
By: The Intersection of the COVID-19 Pandemic and BLM Presents New Issues for Employers
Employers have been struggling with compliance with rapidly changing federal, state, and local workplace requirements related to the COVID-19 pandemic since March. Now, employers are facing an intersecting issue—how to manage employees who attend mass protests related
This week, a California court issued its opinion in Oliver v. Konica Minolta Business Solutions USA, Inc., holding that service technicians using their personal vehicles to carry supplies and tools to and from customer locations
By: The Trump Administration Bans New Temporary Workers
On June 22, 2020, the Trump Administration issued yet another travel ban Executive Order. Aimed at protecting the US labor market from foreign competition and ameliorating high unemployment brought on by the COVID-19 lockdowns, this ban prevents the admission of new foreign workers
By: Face Masks Are Now Required Almost Everywhere Outside the Home in California
Governor Newsom has signed a new Executive Order today broadly requiring people to wear a face covering when outside the home. Here are the rules most applicable to employers:
Face masks are required while working when:
Interacting
By: Supreme Court Rules That Title VII Protects LGBTQ From Employment Discrimination
This morning, the United States Supreme Court issued its opinion (authored by Trump appointee Neil Gorsuch) holding that Title VII’s protections against sex discrimination in the workplace apply to LGBTQ employees. This resolves a split of authority among lower
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