On July 7, 2022, voters in San Francisco, California voted in favor of Proposition G, a paid public health emergency leave. The ordinance becomes operative on October 1, 2022 and updates the original Public Health Emergency leave ordinance. Prop G expanded the scope of paid leave from COVID-19 to additional areas where paid leave is required. Additionally, Prop G has reduced the employee count threshold for covered employers as described below. Further, this ordinance is in addition to any paid leave employers provide for their employees. San Francisco’s Office of Labor Standards Enforcement (SF OLSE) is expected to develop additional guidelines and rules.
Articles about California Labor And Employment Law.
California Governor Signs Bill Extending Provisions Related to Filing Work Share Plans Indefinitely
In 2020, California passed Assembly Bill (AB) 1731, which created an alternative process for employers to submit and be approved for work-sharing plan programs. Previously some employees would be eligible for unemployment benefits if they were working less than their usual weekly hours and their employer was participating in a
Glendale, CA Institutes Hotel Worker Protections
Over the past few years, cities and counties have gotten to the business of regulating the workplace, an area previously reserved to federal and state governments. Many local jurisdictions have focused particular attention on the hospitality industry, which often is one of the primary drivers of a local economy.1
California Court of Appeal Upholds Arbitration Agreement Under FAA Preemption
Evenskaas v. California Transit Inc. reversed a Los Angeles Superior Court judge’s denial of an employer’s motion to compel arbitration of a former employee’s wage and hour class action. The trial court had concluded that the arbitration agreement included an illegal class waiver rendering the agreement unenforceable under Gentry v. Superior Court, 42. Cal.4th 433 (2007). However, the Court of Appeal on July 15, 2022, concluded that the Federal Arbitration Act applied and preempted California caselaw.
In a failing effort to assert that interstate commerce had not occurred, the plaintiff focused on the employer’s services occurring within Los Angeles County. However, the Court concluded that the paratransit services that the employer-provided involved interstate commerce as transportation is an “inherently commercial activity” that makes use of highways and vehicles, the services facilitated economic activity by the passengers and because the employer was providing services that were mandated by federal law, the Americans with Disabilities Act.
Employers are cautioned to examine their arbitration agreements and any class waivers and to undertake efforts to ensure that Courts will recognize the extent to which those employers’ services are involved in interstate commerce to leverage FAA preemption over California caselaw that may otherwise limit the enforceability of an arbitration agreement.
Cal/OSHA Clarifies COVID-19 Close Contact Definition
In early June 2022, the California Department of Public Health (CDPH) issued an order revising the definition of “close contact.” Under the CDPH order, close contact was defined as “someone sharing the same indoor airspace (e.g. home, clinic waiting room, airplane, etc.) for a cumulative total of 15 minutes or
“Healthcare Workers Minimum Wage Ordinance” Provides Los Angeles City Healthcare Workers With Minimum Wage of $25 on August 13, 2022 and Rising in 2024
Since the start of the COVID-19 pandemic, many cities throughout California have enacted “hazard pay” or “hero pay” ordinances across a variety of industries with the healthcare industry as a focal point.On July 7, 2022 Los Angeles Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases minimum wages for non-supervisory/managerial employees of privately-owned healthcare facilities within the City of Los Angeles. The stated purpose of the Ordinance is to “fairly compensate[] [healthcare workers] for keeping us safe while facing risks to themselves and their families.” The bill recites that between 2019 and 2020 job vacancies for various types of nursing personnel increased by up to 30%, and that nearly 30% of healthcare workers are considering leaving the profession altogether (based on a 2021 survey by the Washington Post-Kaiser Family Foundation). The authors claim that an increase in the minimum wage to $25.00 per hour will help alleviate some of these concerns. The Ordinance will go into effect on August 13, 2022 and provides for further annual increases to the minimum wage based on the annual increase in the cost of living (as measured by the Consumer Price Index for Urban Wage Earners and Clerical Workers) beginning on January 1, 2024.
San Francisco OLSE Releases Updated Rules for Amended Family Friendly Workplace Ordinance
In March 2022, San Francisco amended its Family Friendly Workplace Ordinance. The amendments which took effect at the start of July 2022, made the following changes:
Expands care by an employee from just parents to care of persons age 65 or older and with whom the employee has a
U.S. Supreme Court Urged to Revisit Its Decision on Arbitration of California PAGA Claims
Saying the U.S. Supreme Court ruling in Viking River Cruises, Inc. v. Moriana, No. 20-1573 (June 15, 2022), that bilateral arbitration agreements governed by the Federal Arbitration Act (FAA) may require arbitration of California Private Attorneys General Act (PAGA) claims on an individual basis only, perhaps should be modified to avoid “unwarranted and incorrect resolution of the unbriefed issues of contract construction and state law statutory standing[,]” the respondent, Angie Moriana, has petitioned the Court to reconsider the decision.
No COVID-19 Slowdown for California PAGA Filings: The Data Is In
The COVID-19 pandemic did not slow down the pace of new California Private Attorneys General Act (PAGA) letters being filed with the state Labor Workforce Development Agency (LWDA), according to filing data. Instead, there was a significant increase in the filing of PAGA letters during the height of the COVID-19
San Francisco Voters Approved New Public Health Emergency Leave
In June, San Francisco voters passed Proposition G, a new Public Health Emergency Leave Ordinance. The ordinance requires private employers to provide paid leave to employees for “public health emergencies.” The leave ordinance will be in addition to employer-provided paid leave, such as paid sick leave.
The leave ordinance will
Episode 31: Rest/Meal Period Premiums: Wages or Penalties, and Who Cares?
In this episode, Jen discusses the California Supreme Court’s recent decision in Naranjo v. Spectrum Security Services, Inc. regarding the proper treatment of Labor Code section 226.7 “premium pay.”
CDF Webinar: Setting Sail for PAGA Litigation After Viking River
With the recent United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, the landscape of California’s Private Attorneys General Act (PAGA) has undergone a seismic shift. While the ruling has been widely heralded as a victory for employers, it is not so clear that smoother waters are ahead. In this webinar, members of CDF’s PAGA Litigation Practice Team will discuss the current state of the law and provide guidance that will help employers navigate the new terrain.
CA MCLE, HRCI & SHRM credit pending.
Episode 30: The ABC’s of DLSE Conferences and Hearings
In this episode, Jen walks through the DLSE’s conference and hearing processes, and offers some practical strategies for navigating the system.
Eighteen Dollar Per Hour California Minimum Wage Initiative Fails
By: Eighteen Dollar Per Hour California Minimum Wage Initiative Fails
Backed by numerous labor organizations, the ballot initiative entitled the California Living Wage Act of 2022 proposed increasing the California minimum wage over the next three years. The initiative would require California employers with 26 or more employees to pay minimum
CPPA Releases Notice of Proposed Rulemaking
At the start of June, the California Privacy Protection Agency (CPPA), the agency tasked with implementing and enforcing the California Privacy Rights Act (CPRA) which amended the California Consumer Privacy Act (CCPA), voted to begin the rulemaking process.
On July 8, 2022, the CPPA officially began the formal rule-making process
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