On August 28th, Governor Newsom announced new reopening plans for California in hopes of preventing another COVID-19 surge. The plan incorporates information learned over the past six months in addition to new scientific discoveries to create a system for reducing the transmission of COVID-19. It involves a four-tiered color system
Articles about California Labor And Employment Law.
San Mateo County Approves Supplemental Paid Sick Leave Ordinance to Assist Employees Impacted by COVID-19
On July 7, 2020, the San Mateo County Board of Supervisors adopted an emergency ordinance to establish supplemental paid sick leave for COVID-19 related reasons. The ordinance took effect on July 8, 2020, and will remain in effect through December 31, 2020. It applies only to unincorporated areas of San
The “New” AB 5
California’s landmark independent contractor law, AB 5, has only been in effect for eight months. But in that time frame, the law remains controversial and makes headlines every week. The law presents compliance challenges for businesses in the Golden State, and things aren’t getting any easier.
California Poised to Enact Law Requiring Compensation Data Collection
It appears that employers in the Golden State will be required, starting next year, to collect and submit worker compensation data to the state. Senate Bill 973 (SB 973) has cleared both houses of the state legislature, and Governor Gavin Newsom is expected to sign the bill into law.
Ninth Circuit Gives California Employers a Break in Defending Rest Period Claims
In Davidson v. O’Reilly Auto Enterprises, LLC, No. 18-56188 (August 3, 2020), the Ninth Circuit Court of Appeals addressed whether a district court abused its discretion in denying class certification for an employee’s claim for improper rest breaks under California law where the employer allegedly had a facially defective written
California AB 5 and the Status of Independent Contractors
California employers continue to have complicated questions about the use of independent contractors in the state almost a year after adoption of Assembly Bill 5 (AB 5), which established more stringent standards for the classification of workers as independent contractors.
California Compliance Deadline for Harassment Prevention Training Still Set for January 1, 2021
In 2018, California law extended anti-harassment training requirements to employers with 5 employees or more and mandated that non-supervisors also receive such training, in addition to supervisors. The original deadline for completion of that training was January 1, 2020. Current California law requires employers with 5 or more employees to
What Employers Need to Know About Wildfires
As fire season starts and some areas of California and several other states are attempting to contain wildfires, employers need to consider their obligations to employees. In some circumstances, employers must implement a variety of controls to protect employees from wildfire smoke, including engineering and administrative controls, or require the
AB 5 Update: AB 2257 Would Amend California Independent Contractor Law
AB 5, California’s sweeping and landmark independent contractor law, became effective on January 1, 2020. By January 6, bills were already being introduced to amend the law. At one time, more than 30 such bills were pending. After months of debate, that work seems to have been distilled into
Local Ordinance, Massive Implications: Sonoma County Supplemental Paid Sick Leave
Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the “Sonoma Ordinance”), which took effect immediately and sunsetting on December 31, 2020. The Sonoma Ordinance brings sweeping
Wildfires Present Challenges for California Employers
As fire season starts and some areas of California and several other states are attempting to contain wildfires, employers need to consider their obligations to employees. In some circumstances, employers must implement a variety of controls to protect employees from wildfire smoke, including engineering and administrative controls, or require the
Cal/OSHA Recommends Emergency COVID-19 Regulation With PPE and Training Provisions
On May 20, 2020, worker advocates submitted a petition for an emergency COVID-19 safety standard demanding additional COVID-19 regulations for those employees not covered by the Aerosol Transmissible Diseases (ATD) standard . The ATD standard was codified in 2009 “to protect employees who are at increased risk of contracting certain
San Francisco Issues Guidance on COVID-19 ‘Temporary Right to Reemployment’ Ordinance
On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) published guidance regarding the City of San Francisco’s “Temporary Right to Reemployment Following Layoff Due to COVID-19 Pandemic Emergency Ordinance.” Also known as the “Back to Work” emergency ordinance, the ordinance took effect on July 3,
SF Court Issues Stay of Injunction Order Requiring Uber and Lyft to Reclassify Their Drivers as Employees
As previously reported, a San Francisco Superior Court judge recently issued a preliminary injunction against Uber and Lyft, ordering them to reclassify their drivers as employees instead of independent contractors. Uber and Lyft filed an immediate appeal seeking a stay of the trial court’s order. Had the stay not been granted, Uber and Lyft both reported that they would have suspended ridesharing services in California tonight. Luckily for Californians, the immediate loss of Uber and Lyft services was averted today. The Court of Appeal granted an immediate stay of the injunction, preventing it from taking effect during the pendency of the appeal, provided that Uber and Lyft agree to a very expedited briefing schedule on the appeal and submit plans for how they would comply with the injunction in the event they lose their appeal on the merits AND their ballot petition (whereby voters this November can vote to allow Uber and Lyft drivers to continue as independent contractors) is unsuccessful. This is great news for Uber and Lyft, as it effectively means they can continue operations in California until voters decide this important issue in November. Hopefully the voters will think more than the California legislature has of the importance of retaining these services in the state – both for consumers and workers.
DHS Allows Use of an EAD Paper Approval Notice as Evidence of Employment Authorization
On August 19, 2020, in response to technical difficulties producing I-766 Employment Authorization Documents (also known as EAD cards), the Department of Homeland Security announced that employees may produce and employers must accept a paper I-797