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
Category Archives: New Legislation and Regulations
Subscribe to New Legislation and Regulations RSS FeedNew Year, New Minimum Wage
Posted in Labor Law, New Legislation and Regulations, Uncategorized, Wage & HourEffective 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 RegulationsThe 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 RegulationsOn 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
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 & HourWeintraub 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 RegulationsAs 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
California Announces New Regional Stay Home Order
Posted in Labor Law, New Legislation and RegulationsOn December 3, 2020, California announced a new Regional Stay Home Order (“Order”), which will take effect no later than December 5, 2020. The Order divides California into 5 regions, and mandates that once a particular region’s ICU capacity falls below 15%, residents of that region will be ordered to remain home or at their… Continue Reading
New (and Stricter) COVID-19 Rules Implemented By Cal/OSHA – Employers Should Act Now
Posted in Labor Law, New Legislation and RegulationsOn 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 & HourOn 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 & HourSince 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 RegulationsThe 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 RegulationsOn 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 & HourOn 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 & HourOn 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, UncategorizedOn 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 RegulationsOn 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 & HourWith 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 ForceOn 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 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 RegulationsThe 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
The DOL’s New Model FMLA Notices and Forms
Posted in FMLA and Other Leaves of Absence, Labor Law, New Legislation and RegulationsOn 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
Posted in Labor Law, New Legislation and Regulations, Wage & HourThe 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)
Posted in Discrimination, Labor Law, New Legislation and RegulationsThe 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
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
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