CA Employment Law Blog

California’s legal climate presents unique challenges to businesses operating in the state. A frequent author and speaker on employment law, Jeff is a regular contributor to the firm’s California Employment Law blog, providing insight into the full spectrum of California labor laws concerning class actions, wage and hour issues, overtime matters, discrimination and harassment claims, privacy concerns, accommodations and other issues.

Scroll down to see Jeff's most recent blog posts.

Recent Blog Posts

  • Keeping Outdoor Employees Safe From Wildfire Smoke As fires rage across the Western United States, I find myself spending more time monitoring air quality. In the good old days, that used to mean looking outside to see if the sky was clear or hazy. Now it involves checking websites or home monitors to determine the Air Quality Index for particulate matter with a diameter of 2.5 micrometers or smaller (i.e., AQI for PM2.5). I know I’m not alone in this respect. California employers with employees working outside need... More
  • Reassessing the Pros and Cons of Workplace Arbitration As someone who represents employers, I’ve long been a proponent of arbitration as a way to limit exposure to employment claims. I have colleagues who disagree and I recognize that it’s a complicated issue. So starting about five years ago, I’ve been laying out what I saw as the pros and cons of mandatory workplace arbitration. I did so to enable employers to make informed decisions on their own as to what course to take. Like so much of employment law... More
  • Understanding California’s New Parent Leave Act Thanks to Rosa Hernandez, a summer associate and soon-to-be 3rd-year student at UC Berkeley Law School for this post. Be honest, you’re getting sick of quarantine with your kids right? It’s okay, we won’t tell anyone. Remember when being a parent was great and kids still had that new baby smell? That early childhood bonding was supposed to prepare us for times like these, right? Back on January 1, 2018, California’s “New Parent Leave Act” began requiring employers to offer 12 weeks... More
  • California to Rollback Reopening Plans as COVID Cases Surge Governor Gavin Newsom announced on Twitter today that the state is rolling back its reopening plans. As a result, restaurants, wineries, movie theaters, family entertainment centers (e.g., bowling alleys, miniature golf, batting cages, and arcades), zoos, museums, and card rooms statewide are required to close all indoor operations. Bars are required to cease all operations – in- and outdoor. The governor imposed additional restrictions in 30 specified counties (Colusa, Contra Costa, Fresno, Glenn, Imperial, Kern, Kings, Los Angeles, Madera, Marin, Merced,... More
  • San Francisco Passes Emergency Reemployment Ordinance Joining Los Angeles and Long Beach, San Francisco has enacted an ordinance requiring certain employers to recall workers laid off due to the COVID-19 crisis before hiring new employees. Hyunki (John) Jung provides all the details here. As always, check out (or, if you’re so inclined, subscribe to) our Coronavirus Resource page for the latest developments. We understand as well as anyone how difficult it is for employers and HR professionals to keep up with the latest developments in this area... More
  • Time to Update Your Injury and Illness Prevention Plan So many aspects of daily life and doing business have changed during this global pandemic. If you have employees in California, it’s time for your injury and illness prevention plan (IIPP) to change, too. By way of background, California Labor Code § 6401.7 requires that every employer have a written program that, among other things, identifies workplace hazards and trains employees on how to address them. It also requires that employers update their plans when new hazards emerge. Well, if you’ve... More
  • California Will Presume that Workers Contracted COVID on the Job Governor Gavin Newsom issued an executive order on May 6, 2020 that creates a rebuttable presumption that employees working outside the home who contract COVID-19 became infected at work. They would therefore be entitled to workers’ compensation benefits. Here’s how the presumption works. An employee will be presumed to have contracted the virus at work if: The employee tested positive for or was diagnosed with COVID-19 within 14 days after the employee worked at his or her place of employment at the... More
  • San Francisco and San José Pass Emergency Paid Leave Ordinances The onslaught of new employment laws continues as San Francisco and San José have passed their own paid leave ordinances in response to the coronavirus. Liku Madoshi provides the details here. To see all of our COVID-19 resources (organized by topic, industry, and jurisdiction) visit our Coronavirus Resource Center. Stay safe!... More
  • COVID-19 Resources for Employers Keeping up with the deluge of COVID-19 laws, regulations, interpretive guidelines, and the like is quite a challenge for employers. You need to react to constantly changing circumstances and do so in a way that gives your company the best possible chance to succeed. We have created a Coronavirus Resource page to help. We’ve not only created it, but we’re updating it constantly and you can subscribe to updates. What can you find there? I’m so glad you asked! We have: An explanation... More
  • COVID-19 Employment Law Issues (Friday the 13th Edition) One of my favorite things about California employment law is that it changes constantly. But this coronavirus situation changes minute to minute, and that’s hard to keep up with. Here are resources to help you stay current. Here’s a link to various sites that contain information – some by Fox Rothschild LLP, some by government agencies. One of the resources you’ll find there is a list of answers to many of the questions employers have. Another is a link to... More