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
- 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. Report... More
- Employers Beware! The New Pay Data Reports You File will be Used to Target Enforcement Actions 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 wage and hour laws. Covered employers must file the first of their reports no later than March 31, 2021. Governor... 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
- New Obligations Coming for California Employers to Report Potential COVID-19 Exposure Effective January 1, 2021, California employers must report to their workforces instances in which employees may have been exposed to COVID-19 and to local public health departments any “outbreak” of three or more employees having COVID-19. The requirements are extensive and the potential liability for violations is great. Employers should begin to prepare early to comply with AB 685, signed into law by Governor Gavin Newsom on September 17, 2020. Employers must Notify Employees of Potential COVID-19 Exposure Under AB 685, where... More
- Employers Face Greater Burdens for COVID-19-Related Workers Compensation Claims Newly signed legislation makes it easier and faster for employees to obtain workers compensation benefits for contracting COVID-19. The statutes, which went into effect on Governor Gavin Newsom’s signing of SB 1159 on September 17, 2020, impose important new obligations on employers. The legislation provides that a “disputable presumption” will arise in certain circumstances that employees who suffer illness or death due to COVID-19 contracted Coronavirus on the job and that the injury is compensable through workers compensation. Of all aspects... More
- Governor Newsom Approves Historic Expansion of California Family Rights Act Small employers in California – those with only five employees or more – will be obligated to provide eligible employees up to 12 weeks of family care and medical leave each 12 months under a bill Governor Gavin Newsom signed into law this week. Also for the first time, employers will be required to grant family leave to employees to care for their ill grandparent, grandchild or sibling. These new requirements and other changes to the California Family Rights Act... More
- Employers, Heads Up! These are the bills of Importance on Governor Newsom’s Desk THIS POST HAS BEEN UPDATED WITH THE GOVERNOR’S ACTION ON EACH BILL DISCUSSED. Anticipation mounts as we watch for California Governor Gavin Newsom’s action on bills of immediate importance to employers. The Governor has until September 30, 2020 to sign or veto the following bills of concern: SB 1383 – Historic Extensions of California Family Rights Act Obligations UPDATE! Governor Newsom signed SB 1383 on September 17, 2020. See my post here for a comprehensive discussion of the bill and its consequences. ... More
- Hiring During the Pandemic: Employers Must Plan Defensively In meaningful numbers, employers across the U.S. who are rebuilding their workforces are being sued by employees not recalled from COVID furloughs and applicants not hired. Last week, I posted an Alert describing the risks to employers nationally of such litigation and giving recommendations on hiring up defensively. California employers, in particular, may be at the greatest risk of such litigation and their planning accordingly is vital. Local Recall Obligations First, several California cities have enacted ordinances giving union-style rights to non-union... More
- EEOC Issues Guidance on Reasonable Accommodation of Opioid Use and Addiction Widespread opioid abuse continues, including among working Americans, subjecting employers to the risk of liability under the intricacies of the Americans with Disabilities Act (ADA) and similar state laws. On Wednesday, the U.S. Equal Employment Opportunity Commission (EEOC) weighed in, releasing two new guidance documents, one directed to employees and the other to their healthcare providers. Employers should take heed of both documents. Prescribed use of opioids remains high in the U.S. In 2018, more than 168,000,000 prescriptions for opioids were... More
- County Public Health Departments Ratchet Up Enforcement on Businesses of COVID-19 Related Restrictions Faced with escalating Coronavirus infections in California, county public health departments across the state are ramping up enforcement of COVID-related restrictions on businesses — conducting investigations, imposing fines and shutting down non-compliant facilities. Businesses at risk of enforcement action include those not adhering to mask, face shield, physical distancing and hygiene requirements for employees or customers, limits on the maximum number of customers permitted on premises, requirements that employees be allowed to work from home if their jobs may be... More