Category Archives: New Legislation and Regulations

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DFEH Updates “Ban the Box” Regulations and Provides FAQ

By Meagan Bainbridge on October 13th, 2020 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

By Ramona Carrillo on October 9th, 2020 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

By Meagan Bainbridge on September 21st, 2020 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

By Lukas Clary on September 15th, 2020 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

By Beth V. West on September 10th, 2020 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

By Meagan Bainbridge on September 3rd, 2020 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

By Meagan Bainbridge on September 3rd, 2020 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

By Shauna N. Correia on August 27th, 2020 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

By Nicholas E. MA on August 21st, 2020 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

The DOL’s New Model FMLA Notices and Forms

By Beth V. West on July 28th, 2020 Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

On July 16, 2020, the DOL issued new model FMLA notices and forms with a June 2020 revision date. The look of the notices and forms are somewhat different from previous versions but there are not a lot of substantive changes. The DOL also issued some FAQs in connection with the release of the updated… Continue Reading

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

By Beth V. West on July 28th, 2020 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

Two Important U.S. Supreme Court Decisions for Religious Employers (and Employers Morally Opposed to Birth Control)

By Zack Thompson on July 9th, 2020 Posted in Discrimination, Labor Law, New Legislation and Regulations

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

Weintraub Tobin’s 2020 Labor & Employment Seminar and Training Schedule is Updated

By Mari Patterson on June 23rd, 2020 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 & Hour

Weintraub 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

By Beth V. West on June 16th, 2020 Posted in Discrimination, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

In 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

Inoculating Against the Coming Spread of Employee Lawsuits Related to COVID-19

By Brendan J. Begley on May 28th, 2020 Posted in Disability Discrimination, Discrimination, FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination

As 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

By Beth V. West on May 20th, 2020 Posted in Labor Law, New Legislation and Regulations

On 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

By Beth V. West on May 14th, 2020 Posted in Labor Law, New Legislation and Regulations

This 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

By Katie Collins on May 8th, 2020 Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The 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

By Beth V. West on May 8th, 2020 Posted in Labor Law, New Legislation and Regulations

On 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

Emergency Paid Sick Leave Now Available for Employees of Large Employers in California’s Food Supply Sector

By Lukas Clary on May 5th, 2020 Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

In 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

By Beth V. West on May 5th, 2020 Posted in Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Wage & Hour

On 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

By Beth V. West on April 22nd, 2020 Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and Regulations

The 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