On December 15, 2022, the California Occupational Safety and Health Standards Board adopted the COVID-19 Prevention Non-Emergency Regulation to replace the Emergency Temporary Standards (ETS), which were set to end on December 31, 2022.
Articles about California Labor And Employment Law.
Cal/OSHA and Workplace Violence Prevention: What Is an Employer’s Duty Under Current Standards and Guidelines?
Workplace violence is a growing concern in California and across the country, as evidenced by numerous recent tragic incidents in the news. These recent incidents may highlight for employers the importance of taking steps to prevent and respond to workplace violence, and they may also leave employers wondering about their
Pay Scales 101
In this episode, Jen discusses California’s pay transparency rules in more detail, including the new pay scale requirements.
Not so FAST – AB 257 on Hold Pending Voter Referendum in 2024
On January 24, 2023, the California Secretary of State completed its verification process and qualified a referendum challenging Assembly Bill (AB) 257, also known as the FAST Recovery Act for the November 2024 ballot. In the meantime, the law will not take effect unless it is approved by voters in
CDF Webinar: California’s New Pay Transparency/Equal Pay Law in 30-Minutes
In September of 2022, Governor Newsom signed Senate Bill 1162 into law. That law creates and expands upon a number of obligations for California employers, including:
1. Requiring all California employers with 15 or more employees to include the pay scale for all advertised positions in all job postings
2. Requiring all California employers to provide current employees with the pay scale for their position, if requested
3. Requiring all California employers to maintain certain additional wage records for the duration of employment, plus three years after employment terminates
4. Requiring California employers with 100 or more employees to submit certain employee pay data, broken down by location and analyzed based on race/ethnicity and gender, to the California Civil Rights Division
5. Requiring California employers with 100 or more employees to provide the California Civil Rights Division with the ownership names of all labor contractors used to supply workers
Last month, the California Department of Industrial Relations published some FAQs to help guide compliance.
In this thirty-minute webinar, attorneys Mark S. Spring and Wanja Guy will review the statutory obligations and FAQs, help clarify these new obligations in practical terms, and provide their insights on what California employers should think about to put themselves in the best position to be in compliance with all the new Pay Transparency and Equal Pay obligations that are now in effect. Spring and Guy will also discuss the new penalties that the state can levy on California employers who are not in compliance with the obligations.
Come join us later this month for this important thirty-minute program.
CA MCLE, HRCI and SHRM credit pending.
CDF Wage and Hour Task Force – Monthly Tips
This is the first post of a new monthly series of CDF’s Labor & Employment Law Blog providing California employers with wage and hour compliance tips and best practices.
California’s reputation as a breeding ground for wage and hour litigation – the state is responsible for a disproportionally large share of such lawsuits nationwide – seems set to continue. With that, as the first month of 2023 comes to a close, California employers should ensure that they have complied with new minimum wage requirements to avoid potential costly litigation.
California Civil Rights Division Releases Updated Guidance for 2022 Pay Data Reporting
The California Civil Rights Division (CRD) recently released updated guidance in the form of frequently asked questions (FAQs) for the 2022 California pay data reports, which covered employers must submit via the CRD’s pay data portal by May 10, 2023.
New San Francisco Law Requires Supplemental Compensation During Military Leave
New San Francisco law requires up to 30 days of supplemental pay for military leave. The law, which takes effect February 19, 2023, applies to employers with 100 or more employees.
February 1st Deadline to Post the Annual Summary of Work-Related Injuries and Illnesses is Coming Up!
California employers are required to post their annual summary of work-related injuries and illnesses, in a visible and easily accessible area at every worksite from February 1st through April 30th. Cal/OSHA’s Form 300A must be used for this posting.
Employers can find an overview regarding completing both the log (Form 300) and the
California Court of Appeal Curbs “I Do Not Recall Signing” Defense to Arbitration Agreements
By: California Court of Appeal Curbs “I Do Not Recall Signing” Defense to Arbitration Agreements
By: California Court of Appeal Curbs “I Do Not Recall Signing” Defense to Arbitration Agreements
Employers face many challenges when enforcing employment arbitration agreements, including employees disavowing their handwritten signature on the arbitration agreement, claiming that they
The “I Do Not Recall Signing” Defense to Arbitration Agreements Ruled Out by California Court of Appeal
Among the many challenges employers face in enforcing employment arbitration agreements in California are employees arguing that they are not bound by the agreement because they do not recall signing it, even when the agreement contains their signature. A California Court of Appeal decision recently shot down this argument, holding
San Francisco Passes Ordinance Requiring Private Employers to Provide Paid Military Leave
On January 20, 2023, San Francisco Mayor London Breed approved a city ordinance that will require large, private employers to provide differential paid leave for military reservists called up to active duty. The “Military Leave Pay Protection Act” adds Article 33Q to the city Police Code, and will make San
California Civil Rights Department Updates FAQs on Pay Data Reporting
When Senate Bill (SB) 1162 was signed in 2022, much of the focus was on the new pay transparency requirements. However, the bill also amended pay data reporting requirements in California. Under the amendments covered employers would need to submit separate pay data reports for employees hired through labor contractors.
Trending: Requested Accommodations For Mental Health Issues
While California’s COVID-19 State of Emergency is set to end on February 28, 2023, and California’s Supplemental COVID Supplemental Sick Pay has already sunsetted, the effects of the pandemic continue to impact California employers. Most recently, there has been a major uptick in employee requests for accommodation for mental issues such as depression, stress, and anxiety related to pandemic issues.
Whether it is depression from being isolated while working from home, stress from being short-staffed during COVID-related leaves, or anxiety from facing an employer mandate to return to in-office work, when a California employee raises a mental health concern, there are many issues the employer should keep in mind.
Here are some quick tips for dealing with mental health accommodations:
Preliminary Injunction GRANTED Against AB 257 Enforcement & Implementation
While the Secretary of State continued to count signatures to determine if a potential referendum challenging the FAST Recovery Act (AB 257) will make it on the ballot, the Sacramento Superior Court has issued a preliminary injunction prohibiting the implementation or enforcement of AB 257. The injunction will remain in effect
Social Profiles