The U.S. Supreme Court handed down two decisions yesterday that affect religious employers. In the first, Our Lady of Guadalupe School v. Morrissey-Berru, the Court held that the “so-called ministerial exception” applies more broadly, preventing courts from intervening in disputes between schools “with a religious mission” and any “teacher [entrusted] with the responsibility of educating… Continue Reading
Category Archives: Labor Law
Subscribe to Labor Law RSS FeedWeintraub Tobin’s 2020 Labor & Employment Seminar and Training Schedule is Updated
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, Wage & HourWeintraub Tobin’s 2020 Labor and Employment Seminar and Training schedule has been recently updated and is now available. Click here for a pdf version of the schedule. If you have any questions on any of our seminars or would like to inquire about private, custom-tailored training, please contact: Ramona Carrillo (916) 558-6046 rcarrillo@weintraub.com
The U.S. Supreme Court Has Decided: LGBTQ Employees are Entitled to Protections under Title VII
Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationIn the midst of the COVID-19 pandemic, an economic crisis that is predicted to be as bad as the great depression, and unrest over racial inequality and police brutality that is giving birth to a global movement for social change, the U.S. Supreme Court issued a landmark decision in Bostock v. Clayton County, Georgia (Case… Continue Reading
Business Owners – Planning Can Help Prevent Employer Liability During Civil Unrest
Posted in Labor LawMy colleague Brendan Begley blogged last week about the risks employers face due to the threat of COVID-19 in the workplace. As he noted, employees have the right to expect employers to follow city, county, and state orders and take reasonable precautions to minimize the risk to a known “direct threat” to health and safety…. Continue Reading
Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19
Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Retaliation and Wrongful TerminationAs workplaces begin reopening in the coming weeks, attorneys are predicting a rash of lawsuits by employees against their employers related to the COVID-19 pandemic. It seems clear that workers-compensation preemption may immunize employers from most civil actions alleging that employees became infected with the virus on the job. However, other types of employee lawsuits… Continue Reading
The DFEH’s Free On-Line Sexual Harassment Prevention Training For Non-Supervisors is FINALLY Available
Posted in Labor Law, New Legislation and RegulationsOn May 20, 2020, the California Department of Fair Employment and Housing (DFEH) announced that it has finally launched free anti-sexual harassment training for non-supervisory employees. The online training, which is available through DFEH’s website – https://www.dfeh.ca.gov/shpt/ – will meet an employer’s obligation to provide training to non-supervisory employees by January 1, 2021. Section 12950.1… Continue Reading
California Continues to Work With Counties for the Slow Re-Opening of the State
Posted in Labor Law, New Legislation and RegulationsThis is a follow up to our previous blog regarding California’s gradual entry into Stage 2 of the State’s re-opening plan – termed the “Resilience Roadmap.” As Governor Newsom announced on Tuesday, May 13, 2020, counties are able to, and are, submitting their attestations to the State to speed up the reopening of certain businesses… Continue Reading
EEOC Again Updates its Guidance & FAQ’s Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsThe EEOC has updated its COVID-19 Guidance once again by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace. The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees;… Continue Reading
Governor Newsom Announces the Gradual Beginning of Stage 2 of California’s Re-Opening Plan
Posted in Labor Law, New Legislation and RegulationsOn May 7, 2020, Governor Newsom announced the plan to gradually move into Stage 2 of the State’s Re-opening Plan beginning May 8, 2020. In addition to the Governor’s announcement in his press conference, the California Department of Public Health issued industry-specific guidance and checklists for phased reopening under the State’s “Resilience Roadmap.” Under the… Continue Reading
California Employers Likely Immune To Employee COVID-19 Lawsuits, But More Susceptible To COVID-19 Workers-Compensation Claims
Posted in Labor Law, New Legislation and Regulations, Wage & HourRecent news reports, like this one from the Los Angeles Times, indicate that Congress is hotly debating a proposed law to immunize employers from lawsuits alleging that their workers contracted COVID-19 illness on the job. While business owners in California may suffer headaches or congestion from other types of lawsuits related to COVID-19 in the… Continue Reading
Emergency Paid Sick Leave Now Available for Employees of Large Employers in California’s Food Supply Sector
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsIn response to the COVID-19 pandemic, the federal government recently passed emergency legislation making up to two weeks of paid sick leave benefits available to employees who are forced to miss work for reasons relating to COVID-19. We previously blogged about the paid sick leave made available under the Families First Coronavirus Response Act (“FFCRA”)… Continue Reading
Finally – SBA Guidance on an Employer’s PPP Loan Forgiveness When Employees Refuse to Return to Work
Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & HourOn May 3, 2020, the SBA updated its FAQs regarding the Paycheck Protection Program (“PPP”) under the CARES Act. Among other things, the updated FAQs finally addressed this issue: What happens to an employer’s ability to have its PPP loan forgiven if employees refuse to return from layoff and thus an employer cannot meet the… Continue Reading
EEOC Updates its Guidance and FAQs Regarding COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsThe EEOC has updated its COVID-19 Guidance by adding a number of new FAQs to address issues related to the anticipated re-entry into the workplace. The new FAQs discuss things like: an employer’s right to screen employees before entering the workplace to avoid a “direct threat” to the health and safety of employees; documentation to… Continue Reading
4th UPDATE: DOL Again Updates Question & Answers Page for FFCRA
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsWe have previously written about the US Department of Labor issuing a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”). (Click here, here and here.) On April 6, 2020, the DOL again updated the “Questions and Answers” webpage,… Continue Reading
3rd UPDATE: DOL Again Updates Questions & Answers Page for FFCRA
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsAs previously advised, the US Department of Labor has issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the Families First Coronavirus Response Act (“FFCRA”. (Click here and here.) The DOL updated the “Questions and Answers” webpage again today, adding 20 new questions and… Continue Reading
DOL’s Informational Webinar re FFCRA Compliance Goes Live
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsEarlier this week, the U.S. Department of Labor announced that it would be posting an informational webinar regarding compliance issues with the recently-enacted Families First Coronavirus Response Act (“FFCRA”). That webinar, which provides information regarding the FFCRA for both employers and employees went live today and can be accessed at: https://dolwhd.cosocloud.com/pawkgwfawza0/?proto=true. The DOL’s Wage &… Continue Reading
The IRS FAQs Provide Guidance on Employee Documentation/Information to Support FFCRA Leave
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsOn March 31, 2020, the IRS issued 66 FAQs providing guidance to employers in connection with the payment of, and tax credits for, emergency paid sick leave (E-PSL) and emergency FMLA leave (E-FMLA) under the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FAQs answered a very important question that the DOL didn’t… Continue Reading
DOL Announces Temporary Rules for FFCRA Implementation; Informational Webinar to be Released on April 3, 2020
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsWe have been keeping you informed of recent actions by the US Department of Labor to advise employers of their obligations under the recently enacted Families First Coronavirus Response Act (“FFCRA”). This has included the DOL’s creation of a “Questions and Answers” webpage for both employers and employees. (Click here, here and here.) On April… Continue Reading
2nd UPDATE: DOL Again Updates Question & Answers Page for Families First Coronavirus Response Act
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourLast week, we alerted you to the fact that the US Department of Labor had issued a Question & Answers webpage, and subsequently updated it, to address numerous issues arising out of the passage of the FFCRA. (Click here and here.) Late Saturday night, the DOL again updated the “Questions and Answers” webpage and added… Continue Reading
Coronavirus Aid, Relief, and Economic Security (CARES) Act: Expansion of Unemployment Benefits Through the Pandemic Unemployment Assistance Program
Posted in Labor Law, New Legislation and Regulations, Wage & HourOn March 27, 2020, the $2 trillion Coronavirus Aid, Relief, and Economic Safety (CARES) Act was passed by the House of Representatives and signed into law by President Trump as the largest emergency aid bill in history. The CARES Act significantly expands unemployment benefits and comes on the heels of 3.3 million Americans having applied… Continue Reading
DOL Updates Questions & Answers Page for Families First Coronavirus Response Act
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsEarlier this week, we advised you that the US Department of Labor had issued a Question & Answers webpage that addressed some issues arising out of the passage of the FFCRA, most importantly clarifying that it would become effective on April 1, 2020. (Click here.) Yesterday, the DOL updated that “Questions and Answers” webpage and… Continue Reading
San Francisco Issues New Guidance on San Francisco Paid Sick Leave During Pandemic; Financial Relief for San Francisco Employers
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourOn March 24, 2020, the San Francisco Office of Labor Standards Enforcement issued guidance pertaining to the use of Paid Sick Leave under the San Francisco Paid Sick Leave Ordinance (PSLO). This publication supersedes the OLSE’s guidance issued just last week. Employers should be aware of temporary changes in the PSLO rules specific to the… Continue Reading
DOL Issues Model Notice To Employees Of Rights Under Families First Coronavirus Response Act
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourIn response to the COVID-19 pandemic, Congress recently passed the Families First Coronavirus Response Act (“FFCRA”). Among other things, the FFCRA requires certain employers to provide their employees with paid sick leave and expanded family and medical leave for specified reasons related to COVID-19. Employees’ leave rights under the FFCRA apply from April 1, 2020… Continue Reading
Families First Coronavirus Response Act Takes Effect April 1, 2020
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Wage & HourWe have kept you advised of recent federal actions taken in response to the COVID-19 outbreak, including the passage of the Families First Coronavirus Response Act (“FFCRA”) which, among other things, provides paid family leave for certain employees. (See previous blogs at here, here, and here.) The FFCRA was to take effect “no later than… Continue Reading
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