In its current iteration, the California Family Rights Act (CFRA) requires California public employers and private employers with 5 or more employees to provide qualified employees with up to a total of 12 workweeks of leave in a designated 12-month period for family care and medical leave.
California Expands Bereavement Leave Benefits
Governor Gavin Newsom signed Assembly Bill 1949 into law on September 29, 2022. This bill requires covered employers to provide eligible employees with 5 days of unpaid bereavement leave for the death of an employee’s family member. AB 1949 goes into effect on January 1, 2023 and applies to private employers with five or more employees and to all public employers.
Under this new law, employees who have been employed by a covered employer for 30 or more days before the requested leave are eligible for bereavement leave related to the death of a family member.
California’s 2022 COVID-19 Supplemental Paid Leave Extended
By: California’s 2022 COVID-19 Supplemental Paid Leave Extended
On September 29, 2022, Governor Newsom signed AB152 and extended California COVID Supplemental paid leave to December 31, 2022. CDF summarized the impact of this bill on September 6, 2022.
Governor Newsom Signs Law Expanding Employer Pay Transparency and Pay Data Reporting Requirements
By: Governor Newsom Signs Law Expanding Employer Pay Transparency and Pay Data Reporting Requirements
On February 17, 2022, the California legislature introduced Senate Bill (“SB”) 1162 to expand employer requirements regarding pay transparency and pay data reporting. CDF’s previous blog post analyzing the proposed bill is here. On September 27, 2022,
Updates on California’s Pro-Employee Legislation
By: Updates on California’s Pro-Employee Legislation
September has been a significant month for pro-employee legislation in Sacramento. In early September, Governor Newsom signed Assembly Bill 257, the Fast Food Accountability and Standards Recovery Act, which provides for the establishment of a council to set standards for working conditions in the
California Issues Guidance for Employers on Monkeypox
There have been over 4,500 monkeypox (MPX) cases in California so far this year. Cal/OSHA recently provided guidance on MPX to ensure California employees are best protected from the disease. The guidance applies to all workplaces covered by the Aerosol Transmissible Diseases (ATD) standard (Title 8 Code of Regulations Section 5199) which includes health care facilities, public health services, police, medical transport, and more.
Large Retail Employers With Los Angeles Workforce May Soon Face Additional Restrictions And Expenses
On September 13, 2022, the Fair Work Week Ordinance advanced out of committee and will move forward toward likely City Council approval. If it passes, any retail business with over 300 employees, globally, will face increased challenges for scheduling its City of Los Angeles workforce. Such employers will be required to provide work schedules to their employees at least 14 days in advance and will be subject to increased employment costs for any needed changes.
Security Checks Gain Renewed Attention
By: Security Checks Gain Renewed Attention
The California Supreme Court will soon decide if employees must be compensated for time spent waiting in their cars to pass through an employer’s security check. Specifically, the California Supreme Court will decide:
whether time spent in a personal vehicle waiting to scan an
California Employers Should Prepare For Upcoming Minimum Wage Changes
By: California Employers Should Prepare For Upcoming Minimum Wage Changes
As California employers get ready for the slew of new employment regulations coming their way in 2023 (stay tuned for CDF’s annual employment update webinar in November 2022), CDF reminds employers that one definite change is California’s minimum wage increase.
As
COVID-19 Supplemental Leave Likely To Be Extended In California
In just a few days, California Assembly Bill 152, authored by the Assembly Committee on Budget, will face its final hurdle when it hits the Governor’s desk for signature. The California legislature passed the COVID-19-related bill on August 31. The bill extends California COVID Supplemental sick pay to the end of the year.
Below is a summary of the key provisions that California employers should be aware of in the event Governor Newsom signs AB 152 into law:
OFCCP Revises Directive on Federal Contractors’ Compliance with “Pay Equity Audits”
On March 15, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a Directive regarding OFCCP’s expectations of compliance with the regulatory provisions of 41 CFR 60-2.17(b)(3). The regulations require qualified contractors to implement an equal employment opportunity and affirmative action program, which must include an evaluation of whether and where gender, race, or ethnicity-based pay disparities exist. The Directive explained how, during a compliance review, the OFCCP would inquire into a contractor’s compliance, including access to internal pay equity audits. The Directive drew significant criticism because it appeared to claim a right to compel contractors to disclose their pay equity analyses even when potentially protected by the attorney-client or work product privilege.
In response to criticism, on August 18, 2022, the OFCCP issued the revised Directive 2022-01 Revision 1, Advancing Pay Equity Through Compensation Analysis. The revised and reissued Directive aims to update and clarify its guidance on how OFCCP will evaluate federal contractors’ compliance with compensation analysis obligations, including its authority to access and review documentation of required compensation analyses. This Revised Directive makes clear that OFCCP intends to challenge contractors if they rely on privilege objections in refusing to demonstrate compliance, while also acknowledging privilege concerns and giving contractors alternatives for demonstrating compliance with the regulatory provisions when issues of privilege exist. The key points of the Revised Directive are summarized below.
Did A Federal Court Ruling Open the Door to Challenge DLSE Opinion Letters?
The United States Court of Appeals for the Fifth Circuit’s ruling on advisory opinions in Data Marketing Partnership, L.P., et al. v. U.S. Dept. of Labor may pave the way for California employers to more easily challenge unfavorable DLSE opinion letters in court in the future.
Last week, the Fifth Circuit ruled that opinions issued by the United States Department of Labor in response to employers’ questions about their legal opinions can be reviewed in court. The court struck down a DOL advisory opinion that improperly concluded that people who install tracking software on their phones in exchange for an ownership stake in the company were not “working owners” eligible to participate in an insurance plan regulated by federal law. The court agreed with a Texas federal court’s determination that federal benefits law covered this scheme, ruling that the DOL had arbitrarily found the plan to be exempt.
A New California Bill Will Protect Employee’s Ability to Use Marijuana Off-the-Clock
By: A New California Bill Will Protect Employee’s Ability to Use Marijuana Off-the-Clock
In 2016, California legalized the recreational use of marijuana. Marijuana remains illegal at the federal level and is considered a Schedule 1 drug. However, California’s legalization of recreational marijuana created issues for California employers– especially for those who
Los Angeles Hotels Increase Worker Protections
Consistent with the increased safety protections that we have seen put in place in the hotel industry for hotel workers throughout California over the past few years, the City of Los Angeles recently passed an Ordinance to further regulate hotel worker safety. Effective August 12, 2022, the Hotel Worker Protection Ordinance requires hotel employers to provide Personal Security Devices (i.e., panic buttons) to every hotel worker assigned to work in a guest room or bathroom alone. A Personal Security Device cannot be a whistle, noise-maker, alarm bell, or other similar device. The Device must provide direct contact between the worker and the hotel’s designated security officer or it will not be compliant. Hotel employers in Los Angeles are also required to provide training to workers on the purpose and use of these panic buttons.
CDF LABOR LAW LLP NAMED TO BLOOMBERG LAW’S SECOND ANNUAL DIVERSITY, EQUITY, AND INCLUSION FRAMEWORK
DF Among 43 U.S.-Based Firms Recognized For Strong Commitment to DEI
IRVINE, Calif., August 16, 2022. CDF Labor Law LLP, a California employment, labor, and immigration employer-side law firm, was named one of only 43 U.S.-based law firms to earn a place on Bloomberg Law’s second Diversity, Equity & Inclusion (DEI) Framework list.
For the second year in a row, CDF was recognized for its level of disclosure of diversity-related metrics and distinguished performance against six core pillars: demographics, leadership and talent pipeline, recruitment and retention, business innovation and strategy, marketing, and diversity & inclusion in the community.
“CDF is no stranger to DEI. From its inception in 1994, CDF has provided a platform allowing everyone a structural opportunity to advance regardless of their race, gender or sexual orientation,” says Marie DiSante, Co-Founder and Firm Managing Partner. “We believe that a firm culture that prioritizes inclusivity leads to better outcomes, for both our firm and our clients,” she adds.
“We’re proud to once again be recognized by Bloomberg Law by their inclusion of CDF in their DEI Framework report,” said Alison Tsao, Partner and Chair of CDF’s DEI Committee. “From our recruiting efforts, provision of leadership opportunities, to our strong involvement in DEI efforts in the broader legal community, we work tirelessly to enhance equality and inclusion in our workplace and the legal profession.”
Bloomberg Law’s DEI Framework was developed in 2021 in collaboration with Bloomberg’s Gender-Equality Index team, as well as diversity leads at corporations and U.S.-based law firms. Performance was assessed across more than 85 metrics, each associated with one of the framework’s six core pillars.
“The desire to incorporate DEI into the selection process for outside legal services presents a new challenge for the industry, but CDF has distinguished itself as a law firm worthy of consideration,” said Joe Breda, President, Bloomberg Law. “Through a demonstrated commitment to DEI, CDF is helping to move the legal industry forward and we recognize their performance by naming them as a member of our 2022 DEI Framework.”
CDF continues to make DEI a priority at the firm by participating in the 18-month-long certification process for the 2021-2023 cohort of the Midsize Mansfield Rule. Created by the Diversity Lab, the Mansfield Rule is a growing movement to increase diversity in law firm recruitment and promotion practices. It is named after Arabella Mansfield, the first female lawyer in the US. It requires law firms to demonstrate year-long progress in increasing diversity in senior recruitment and leadership decisions and consider a minimum of 30 percent diverse candidates for these roles.
About CDF Labor Law LLP
For close to 30 years, CDF Labor Law LLP has distinguished itself as one of the top labor, employment, and business immigration law firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. The firm has five offices throughout California – in Sacramento, San Francisco, Los Angeles, Orange County and San Diego. For more information, visit: www.CDFLaborLaw.com and find CDF on LinkedIn or Twitter to learn more about how the firm protects California employers. For access to timely alerts on the latest California labor and employment law developments, sign-up for the firm’s blog by visiting: www.CalLaborLaw.com.
About Bloomberg Law
Bloomberg Law combines the latest in legal technology with workflow tools, comprehensive primary and secondary sources, trusted news, expert analysis, and business intelligence. Our deep expertise and commitment to innovation provide a competitive edge to help improve attorney productivity and efficiency. Bloomberg Law is the only legal research provider to include continuous enhancements to its platform at no cost to existing subscribers. For more information, contact Bridget Johnson at bjohnson@bloombergindustry.com.
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