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Category Archives: Labor Law

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DFEH Issues New Publications and Forms In Connection with the Expansion of the CFRA

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On January 8, 2021 the California Department of Fair Employment and Housing (“DFEH”) issued new Posters, Fact Sheets, FAQs, and Certification forms in connection with the expansion of the California Family Rights Act (“CFRA”) and its interplay with the Pregnancy Disability Leave law (“PDL”). As the DFEH’s Fact Sheet specific to 2021 explains, recent legislation… Continue Reading

New Year, New Minimum Wage

Posted in Labor Law, New Legislation and Regulations, Uncategorized, Wage & Hour

Effective January 1, 2021, California’s minimum wage rate increased to $14.00 per hour (from $13.00) for employers with 26 or more employees and $13.00 per hour (from $12.00) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers… Continue Reading

Mandatory Vaccines in the Workplace? New EEOC Guidance Regarding What Employers Can Do

Posted in Labor Law, New Legislation and Regulations

The FDA’s rollout of COVID-19 vaccinations has given hope to many employers that we may finally be witnessing the horizon of the pandemic. But this good news comes with a few side-effects, including the question of whether employers can require, or even encourage, their employees to get vaccinated. To that end, on December 16, 2020,… Continue Reading

Newsom Signs Executive Order Modifying CalOSHA’s Emergency Temporary COVID-19 Regulations

Posted in Labor Law, New Legislation and Regulations

On December 14, 2020, Governor Newsom issued Executive Order N-84-20 which, among other things, modified CalOSHA’s emergency COVID-19 regulations. Background. On November 30, 2020, CalOSHA’s emergency temporary regulations concerning COVID-19 prevention in places of employment (ETS) went into effect.  Among other requirements, the ETS directed employers to exclude from the workplace for 14 days those… Continue Reading

Lukas Clary in The Sacramento Bee: A COVID Vaccine is On The Way. Will Employers Require Their Workers Get The Shot?

Posted in Employment Contracts and Agreements, Labor Law

Sacramento Bee reporter Darrell Smith spoke with labor and employment attorney Lukas Clary for his article on the coming COVID vaccines and whether employers might require their workers to get vaccinated. With a look at past precedent — H1N1 — we can conclude that an employer will be able to require a vaccination as a… Continue Reading

Now Available! Weintraub Tobin’s 2021 Labor and Employment Virtual Seminar and Training Schedule

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, FMLA and Other Leaves of Absence, Harassment, Labor Law, New Legislation and Regulations, Reductions in Force, Retaliation and Wrongful Termination, Trade Secrets and Competition, Uncategorized, Wage & Hour

Weintraub Tobin’s 2021 Labor and Employment Virtual Seminar and Training schedule is now available. Click here for a copy of the schedule. If you have any questions on any of our seminars or would like to inquire on private, custom-tailored training, please contact:  Ramona Carrillo  (916) 558-6046.

A Deeper Dive into the New Cal/OSHA Temporary Emergency Standards for COVID-19 Prevention

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

As we wrote on December 3, 2020, an emergency COVID-19 rule was adopted and approved by the California Occupational Safety and Health Standards Board. The regulation contains significant new requirements including a mandatory written “COVID-19 Prevention Program,” paid time off in certain circumstances when a “COVID-19 case” is excluded from the workplace, notice and training… Continue Reading

New (and Stricter) COVID-19 Rules Implemented By Cal/OSHA – Employers Should Act Now

Posted in Labor Law, New Legislation and Regulations

On November 30, 2020, the California Division of Occupational Safety and Health’s (“Cal/OSHA”) Emergency COVID-19 Prevention Regulation went into effect. The regulations apply to all employers, employees, and to all places of employment with three exceptions: (1) workplaces where there is only one employee who does not have contact with other people; (2) employees who… Continue Reading

DFEH Issues Frequently Asked Questions Regarding California’s New Pay Data Reporting Law Under the Equal Pay Act

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

On September 30, 2020 Governor Newsom signed Senate Bill 973 which requires large employers to report certain pay and other data to the Department of Fair Employment and Housing (DFEH) by March 31, 2021 and annually thereafter. On November 2, 2020, the DFEH issued certain FAQs regarding this new obligation and announced that it anticipates… Continue Reading

DFEH Updates “Ban the Box” Regulations and Provides FAQ

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

Since its implementation on January 1, 2018, The Fair Chance Act has been a source of questions for California employers. Also referred to as “banning the box,” Government Code section 12952 makes it illegal for most employers in California to ask about the criminal record of job applicants before making a conditional job offer. You… Continue Reading

Recent Developments at the California Department of Fair Employment and Housing

Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations

The California Department of Fair Employment and Housing (“DFEH”) is the state agency charged with enforcing California’s laws against harassment, discrimination, and retaliation in employment, housing, and business establishments throughout the state. It proclaims on its website that it is “the institutional centerpiece of California’s broad anti-discrimination and hate crimes policy.” According to the DFEH,… Continue Reading

California Drastically Alters Obligations under the California Family Rights Act

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On Thursday, Governor Newsom signed Senate Bill 1383, dramatically expanding the California Family Rights Act (“CFRA”), and the obligations it places on employers to provide leave to eligible employees. As a reminder, the CFRA is California’s leave statute, which authorizes eligible employees to take up a total of 12 weeks of unpaid job-protected leave during a… Continue Reading

DOL Revises COVID-19 Sick Leave and Family and Medical Leave Rules Following Court Ruling

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & Hour

On September 11, 2020, the United States Department of Labor issued revised regulations governing the Families First Coronavirus Response Act (FFCRA). The regulations implement the Emergency Paid Sick Leave Act (EPSLA) and Emergency Family and Medical Leave Expansion Act (EFMLEA) provisions of the FFCRA. The revised regulations were issued to address a decision from a… Continue Reading

Governor Newsom Signs AB 2257 – More Clarifications and Exceptions to the “ABC Test” for Independent Contractor Status

Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

On September 4, 2020, Governor Newsom signed AB 2257, a bill that provides comprehensive clarifications and changes to the very controversial bill – AB 5 – that went into effect in January 2020 and requires the use of the “ABC Test” to determine independent contractor status for most employment laws in California.  AB 2257 brings… Continue Reading

California Issues New Reopening Guidance

Posted in Labor Law, New Legislation and Regulations, Uncategorized

On August 28, 2020, California introduced the Blueprint for a Safer Economy, also known as “California’s Plan for Reducing COVID-19 and Adjusting Permitted Sector Activities to Keep Californians Healthy and Safe.” This new Blueprint was devised to aid California residents as the state reopens in the wake of the COVID-19 pandemic. Under this new plan,… Continue Reading

DOL Issues Guidance on FFCRA as Schools Reopen

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On August 27, 2020, the U.S. Department of Labor (DOL) published three new “Return to School” FAQs providing guidance for employers and employees as schools reopen across the country. Specifically, the DOL clarified when employees may be eligible for leave under the federal Families First Coronavirus Response Act (FFCRA). As a reminder, under the FFCRA,… Continue Reading

Employers Must Use Reasonable Diligence to Track Telecommuting Employee Hours

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

With 31% (or more) of American workers working from home as of April 2020, according to a survey cited by the Bureau of Labor Statistics, and probably even more since then, most employers face important questions: what is the obligation to keep track of employees’ active work time and pay them for it?  On August… Continue Reading

San Francisco Issues Guidance on “Back to Work” Layoff and Reemployment Notices

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Reductions in Force

On August 7, 2020, the San Francisco Office of Economic and Workforce Development (OEWD) released its guidance on 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” Ordinance), which the Board of Supervisors passed on June 23, 2020.  Importantly, the… Continue Reading

Don’t Delete Your Lyft or Uber Apps Before October 2020, and Maybe Not Until May 2021; Appellate Court Grants Short Stay of Order Regarding Misclassification of Drivers

Posted in Employment Contracts and Agreements, Labor Law, Wage & Hour

A ruling today by an appellate court gives ride-sharing companies Lyft and Uber roughly two more months to treat their drivers in California as independent contractors.  That ruling follows a recent decision by a trial court in San Francisco that made national news by concluding that those companies had been misclassifying their drivers as non-employees… Continue Reading

The Continuing Spread of Employee Lawsuits Related to COVID-19

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Labor Law, Retaliation and Wrongful Termination, Wage & Hour

A blog we published here on May 28, 2020, warned that whistleblower, disability and leave claims against employers may reach a fever pitch as workplaces begin reopening from the COVID-19 shutdown.  A recent audit by the U.S. Department of Labor Office of Inspector General (“OIG”) confirms that some of those types of claims already are… Continue Reading

The CDC’s Updated Guidance Expedites the Time In-Home COVID-19 Patients Can Return to Work

Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The CDC has issued new guidance for in-home patients diagnosed with COVID-19, including lowering the number of days the patient must remain isolated after being fever-free. The CDC previously recommended that “at least 72 hours” pass since the last fever without the use of fever-reducing medication before ending self-isolation. Noting “accumulating evidence” and ongoing research… Continue Reading

California’s COVID-19 Employer Playbook for a Safe Reopening

Posted in Labor Law, New Legislation and Regulations, Wage & Hour

The California Department of Public Health (“CDPH”) issued its “COVID-19 Employer Playbook” on July 24, 2020 in an effort to provide employers with a comprehensive guide related to COVID-19 as employers reopen their business. According to the CDPH, by following the Employer Playbook, employers will be able to do their part in reducing the risk… Continue Reading