In this episode, Jen dispels several independent contractor myths, explains how to evaluate independent contractor status under the “ABC Test” recognized by the California Supreme Court in the 2018 Dynamex decision and in AB 5, and reminds employers of the substantial liability associated with misclassification of employees as contractors/consultants.
HAPPY VALENTINE’S DAY (AND A FEW OTHER THINGS!)
Happy Valentine’s Day! I know it’s mostly a “Hallmark holiday,” but I love it anyway. It’s a great time to think about loving ourselves, and feeling good about our contributions to the world. And, time for a treat!
COVID-19 and Substance Abuse at Work
In this episode, Jen explains why COVID-19 has increased substance abuse at work, and the steps employers should take to help employees seeking rehabilitation.
WAGE-HOUR COMPLIANCE
Wage and hour laws applicable to California employers are complex and ever changing. We briefly summarize below some of the various rules applicable to private sector, non-union employers and explain why wage-hour audits are critical.
CALIFORNIA COVID-19 SICK LEAVE IS BACK!
Well, it’s finally here. AB 84 was placed in print today. The Legislature has not approved it yet, but apparently will do so next week. If approved, we expect the Governor to sign it without delay (and it will be effective within 10 days). (Of course, anything can happen between now and then. Or in the next five minutes.)
Disability Protections for COVID-19 Illnesses
In this episode, Jen reviews the federal Equal Employment Opportunity Commission’s recent COVID-19 guidance, and explains why employers must consider whether an employee’s COVID-19 diagnosis may constitute a “disability” requiring reasonable accommodation.
JENNIFER SHAW APPEARS ON “THE AFTERNOON NEWS” WITH KITTY O’NEAL TO DISCUSS SCOTUS WORKPLACE VACCINE MANDATE
Jennifer Shaw appeared on “The Afternoon News with Kitty O’Neal” to discuss the U.S. Supreme Court’s workplace vaccine mandate and stricter workplace protocols kicking in January 14. You can listen to the interview here.
COVID-19 SICK LEAVE UPDATE
Ok. So, it’s not much of an update. Many firms are writing about the new California supplemental COVID-19 sick leave “law.” But, we don’t have a law yet. Or any real language. Or any timeline. And, the proposed provisions have flip-flopped several times in the past few days. Stay tuned for more details when we have an actual bill…
Rest and Meal Breaks – It is Not About Lunch!
In this episode, Jen and Erika Frank remind employers about their obligation to provide hourly employees with compliant rest and meal breaks. Jen also discusses Ferra v. Loews Hollywood Hotel, a 2021 California Supreme Court decision in which the Court determined that the premium pay owed to an employee for
THE “SHOT-OR-TEST” MANDATE FOR LARGE EMPLOYERS IS DEAD
So, on January 26, 2022, the federal OSHA folks will withdraw President Biden’s vaccination-or-test mandate for employers with 100 or more workers. All that worry for nothing…
Workplace Insights with Jen and the DFEH! Non-Disparagement Provisions: The New Rules
| Thu, Jan 27, 2022 1:00 PM – 2:00 PM EST |
Join Jen and Branden Butler, the DFEH’s Assistant Deputy Director of Education and Outreach, for an interactive discussion of SB 331, one of California’s new laws, and its impact on non-disparagement and related provisions.
Sexual Harassment Prevention: It is Not Just About Sex!
In this episode, Jen and Erika Frank remind employers about the importance of Equal Employment Opportunity (EEO) training, a.k.a sexual harassment prevention training. Jen explains that EEO Compliance is not just about sex. Diversity, equity, inclusion (and belonging) are important topics to include when training employees about EEO compliance. Remember:
New Document Retention Requirements
In this episode, Jen and Erika Frank talk about a new California law that requires employers to retain employee records for four years. Jen also discusses which personnel documents must be kept confidential and why.
EEOC ANNOUNCES DEADLINE FOR 2021 FOR EEO-1 REPORTS AND CHANGES
The EEOC announced last week that its data collection portal for 2021 EEO-1 Component 1 report is tentatively set to pen on April 12, 2022, with a deadline for employers to file EEO-1 reports by May 17, 2022. Here’s a link to the EEOC’s announcement.
NEW CAL/OSHA ETS FAQS
The California Department of Industrial Relations issued revised COVID-19 FAQs on January 6, 2022, to address the interplay of the new CDPH isolation and quarantine guidance and the Cal/OSHA ETS. (Thank you, DIR!).