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Category Archives: New Legislation and Regulations

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DOL’s Informational Webinar re FFCRA Compliance Goes Live

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

Earlier 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 Regulations

On 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 Regulations

We 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 & Hour

Last 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 & Hour

On 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 Regulations

Earlier 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 & Hour

On 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 & Hour

In 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 & Hour

We 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

More On The FFCRA: Payroll Tax Credits And Period Of Non-Enforcement

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

As we told you on March 22, 2020, the Department of Treasury (DOT), Internal Revenue Service (IRS), and Department of Labor (DOL) announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act (FFCRA). In their announcement, it was also stated that employers may… Continue Reading

COVID-19: Resources for California Employers (Updated 4/3/20)

Posted in Labor Law, New Legislation and Regulations

The COVID-19 pandemic is forcing employers to make unprecedented decisions about their workplace. In an effort to help employers as they make the difficult decisions they are currently facing, we have gathered guidance released by many of the federal and state agencies specifically related to COVID-19. We hope this page is useful resource. That being… Continue Reading

IRS to Provide Tax Relief to Some Employers in Light of Families First Coronavirus Response Act

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

On March 20, 2020, the Department of Treasury, IRS, and Department of Labor announced plans to provide some relief for small and midsize employers in light of the recently passed Families First Coronavirus Response Act. Specifically, it was announced that employers will have access to refundable payroll tax credits designed to provide reimbursement for the… Continue Reading

Governor’s Newsom’s Statewide Order is in Place So Now, How Do Businesses Identify Essential Critical Infrastructure Workers?

Posted in New Legislation and Regulations

As our earlier post on March 19, 2020 announced, Governor Newsom issued Executive Order N-33-20 ordering all residents to stay home or at their place of residence except as needed to maintain continuity of operations of the federal critical infrastructure sectors as defined by the federal Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency… Continue Reading

(H.R. 6201) FAMILIES FIRST CORONAVIRUS RESPONSE ACT: What Employers Should Know

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

On March 18, 2020, Congress passed the Families First Coronavirus Response Act (“FFCRA”). The President quickly signed it into law on the same day. The Act provides paid sick time and expands the Family and Medical Leave Act to provide an extended period of unpaid or partially paid leave for qualifying reasons related to the… Continue Reading

Federal Court Explains Order Barring California From Enforcing New Anti-Employment-Arbitration Law

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

A federal court in Sacramento explained last week its rationale for temporarily barring the State of California from enforcing a new law, AB 51, that would curtail employment arbitration agreements.  The rationale set forth in that written order of February 7, 2020, strongly suggests (but does not guarantee) that the court is inclined to permanently… Continue Reading

Upcoming Seminar: Life After Dynamex and AB 5 – Independent Contractors v. Employees

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

Summary of Program The risks involved in misclassifying a worker as an independent contractor rather than an employee have always been serious. A number of federal and state agencies regulate the proper classification of workers and have the authority to impose significant monetary and non-monetary sanctions against employers who get the classification wrong. AB 5… Continue Reading

New Year, New Minimum Wage

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

Effective January 1, 2020, California’s minimum wage rate increased to $13.00 per hour (from $12.00) for employers with 26 or more employees and $12.00 per hour (from $11.00) 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

Court Blocks Ban on Mandatory Arbitration Agreements in Employment

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

Mandatory arbitration agreements in California employment have been granted a stay of execution. For now. Earlier today, a federal judge in California issued a temporary restraining order enjoining enforcement of AB 51, the new California law that would have banned employers in the state from requiring employees to sign mandatory arbitration agreements as a condition… Continue Reading

New California Law Will Outlaw “No-Rehire” Provisions in Settlement Agreements

Posted in Discrimination, Employment Contracts and Agreements, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

I have discussed in the past how the use of “no-rehire” provisions in settlement agreements between employers and their former employees were coming under attack in court.  In 2015, the Ninth Circuit in Golden v. California Emergency Physicians Medical Group, held that a “no-rehire” provision in a settlement agreement between the plaintiff doctor and his… Continue Reading

New Laws that Will Significantly Impact the Litigation of Employment Disputes

Posted in Disability Discrimination, Discrimination, Employee Privacy Rights, Employment Contracts and Agreements, Harassment, Labor Law, New Legislation and Regulations, Retaliation and Wrongful Termination, Wage & Hour

The October 13, 2019 deadline for Governor Newsom to take his final actions in the 2019 legislative season has come and gone and as expected, he signed into law a number of employment-related bills. Below is a summary of just a few of those bills that will have a significant impact on employment litigation in… Continue Reading

Now Available! Weintraub Tobin’s 2020 Labor and Employment 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, Wage & Hour

Weintraub Tobin’s 2020 Labor and Employment 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.

The California Supreme Court Clarifies Wages are NOT Part of the “Civil Penalty” under Labor Code Section 558 in a PAGA Action

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

On September 12, 2019, the California Supreme Court issued it decision in ZB, N.A., and Zions Bancorporation v. Superior Court [Lawson, real party in interest] (“Lawson”).  In analyzing whether the Plaintiff’s lawsuit could be compelled to binding arbitration under the arbitration agreement she entered into with her employer, the Supreme Court clarified that under Labor… Continue Reading

California Employers Have Another Year To Comply With New Mandatory Sexual Harassment Prevention Training Requirements

Posted in Harassment, Labor Law, New Legislation and Regulations

Last year, new California legislation effective January 1, 2019 expanded the mandatory sexual harassment prevention training requirements for California employees.  That law required that, by January 1, 2020, employers with 5 or more employees must provide their supervisory employees with two hours of classroom or other effective interactive training and education AND must provide their… Continue Reading