CA Employment Law Blog

California’s legal climate presents unique challenges to businesses operating in the state.

Jeffrey 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.

Recent Blog Posts

  • The Top Five List: Employment Law Changes Coming with New Year’s Day As the sun rises on New Year’s Day 2021, California employment law will once again become more involved and challenging. For many employers, the following are the top five developments they most need to prepare for. One Measure of Relief: COVID-19 Paid Sick Leave Requirements Expire For much of 2020, California law has required that employers of 500 or more employees provide eligible employees COVID-19 Supplemental Paid Sick Leave. Employees qualify for the supplemental paid sick leave if their health care... More
  • May Employers Require Employees to be Vaccinated for COVID-19: The EEOC Weighs In As an unprecedented operation begins to deploy millions of doses of COVID-19 vaccines across the country, employers question whether they may lawfully require that employees be vaccinated. Today, the U.S. Equal Employment Opportunity Commission (EEOC) weighed in with guidance. The EEOC guidance makes points including the following: An employer (or a vendor contracted by the employer) administering a COVID-19 vaccine to employees is not conducting “medical examinations” under the Americans with Disabilities Act (ADA). The EEOC’s rationale is that simply injecting... More
  • Important Webinar Invitation: “Understanding Cal/OSHA’s New Emergency COVID-19 Prevention Regulation” Please join our December 18 webinar “Understanding Cal/OSHA’s New Emergency COVID-19 Prevention Regulation.”  The regulation – the most sweeping pandemic-related requirements yet – is now in effect and being enforced.  Most employers are subject to the requirements, with few exceptions.  This webinar will equip you to comply and do so efficiently. You will find the registration link and more information HERE. Firm labor and employment partners Sahara Pynes and Jeffrey Horton Thomas will present. We look forward to you participating.  ... More
  • Newly-Released FAQs Aid Employers in Complying with Cal/OSHA Emergency COVID-19 Prevention Regulation [YOU ARE INVITED TO OUR WEBINAR – “Understanding Cal/OSHA’s New Emergency COVID-19 Prevention Regulation,” 11 a.m. Pacific Time, December 18, 2020.  Register here.]  FAQs released yesterday by the State of California are must-read guidance for employers in complying with Cal/OSHA’s new Emergency COVID-19 Prevention Regulation. Employers should make distilling from the FAQs what is relevant to their operation an immediate priority, as the regulation became effective and enforceable on Monday, November 30, 2020. The regulation is the most detailed, onerous body... More
  • Demanding Cal/OSHA COVID-19 Regulation Set to Become Effective PLEASE JOIN OUR FIRM’S WEBINAR – “Understanding Cal/OSHA’s New Emergency COVID-19 Prevention Regulation,” December 18, 2020 at 11 a.m. Pacific Time.  Register here. [UPDATE: Cal/OSHA’s Emergency Regulation went into effect on November 30, 2020, as anticipated by the post below.  On December 1, 2020, FAQs giving guidance to employers on complying with the regulation were released by the California Department of Industrial Relations.  My blog post on the FAQs and additional updates may be found HERE.] The Emergency COVID-19 Prevention Regulation adopted... More
  • Cal/OSHA Board Set to Act on Emergency COVID-19 Regulation [UPDATES: On November 19, 2020, subsequent to the post below, the California Occupational Safety and Health Standards Board adopted a 21-page Emergency COVID-19 Prevention Regulation, as anticipated by my post below.  A robust blog post on  the Emergency Regulation may be found HERE.  The regulation became effective on November 30, 2020.  FAQs meant to help employers comply were released on December 1, 2020 by the California Department of Industrial Relations.  My article on the FAQs and other guidance may be found... More
  • Employers’ Litigation Strategies Must Evolve in the New Year as California Laws Change How employers will need to defend California employment lawsuits, Labor Commissioner actions and even arbitrations must evolve come the New Year due to changes in the law that become effective January 1, 2021. In this post, I identify and explain five important developments that businesses and their employment defense counsel need to be aware of and prepare for. Managing a New Risk: Attorney’s Fees Awards to Whistleblowers California Labor Code section 1102.5 sets out a broad basis for employees and former... More
  • Obligations to Report COVID-19 in the Workforce: What Employers Need to Know Employers in California are subject to a layer cake of requirements to report suspected and diagnosed cases of COVID-19 in their workforce. Federal, state and local agencies each impose obligations differing from one to the other and most setting short deadlines for reporting. This blog post provides the information employers most need to know regarding the requirements in place statewide and in Southern California, in particular, along with suggested actions employers should consider in order to be prepared to comply. [UPDATE... More
  • Employers Beware! The New Pay Data Reports You File will be Used to Target Enforcement Actions [UPDATE: Guidance issued by the California Department of Fair Employment and Housing on these new requirements may be found here.]  California employers with 100 or more employees are now required to file with the state detailed annual reports setting out demographic, pay and position information on their employees. As for the purpose of requiring the reports, Senate Bill 973 pulls no punches: state government agencies will use the reports against employers for “targeted enforcement” of California pay equity, anti-discrimination and... More
  • Employees who are Crime Victims Gain New Protections Under Bill Approved by Governor Newsom Employees who suffer physical or mental injury due to a crime will be entitled to job-protected leave and other protections from their employers under legislation signed this week by Governor Gavin Newsom. Employers will bear such obligations without confirmation from law enforcement that a crime occurred and where no one is arrested or prosecuted. Prior to the Governor’s approval of the new legislation, only employees victimized by domestic violence, sexual assault or stalking were entitled to such protections. The expanded... More