By Calvin House | Published December 19, 2020 | Posted in Uncategorized | Comments Off on COVID-19 Update for Employers
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COVID-19 Update for Employers
As we head through the holiday season in the midst of an upsurge of COVID-19 infections and the arrival of vaccines, employers have questions about how to deal with their employees. On December 16, 2020, the EEOC released guidance stating that employers may require employees to show proof of vaccination once vaccines become generally available. Read More
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CFRA Family Medical Leave Provisions Extended
Governor Newsom has signed SB 1383, which extends all the family and medical leave provisions of the California Family Rights Act (CFRA) to employers with five or more employees. As originally enacted in 1994, CFRA only applied to employers with 50 or more employees, like the federal Family and Medical Leave Act. Effective January 1, Read More
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Exemptions Added to AB 5 Law
Attribution: Rafal Konieczny CC BY-SA AB 5, which became effective January 1, 2020, was intended to broaden the number of workers in California considered to be employees rather than independent contractors. It provides that any worker who provides labor or services for pay is considered an employee rather than an independent contractor unless the hiring entity Read More
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Blowing Up the Arbitration Process
Attribution: Alpha Stock Images – https://alphastockimages.com/ A recent article in The New York Times recounts how some companies that use arbitration clauses are facing an onslaught of arbitration claims, with the assistance of some entrepreneurs with a financial stake in the claims. Here’s a little bit more information about two of the individuals interviewed in Read More
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Settling Employee Still Has Standing To Maintain PAGA Claim
The California Supreme Court has told employers that settling an employee’s Labor Code claim does not prevent the employee form later pursuing a PAGA claim for the same violation. Kim v. Reins Int’l California, Inc., Case No. S246911 (Mar. 12, 2020). An employer who violates the Labor Code may be sued for damages and for civil Read More
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CDC Advice for Employers on Coronavirus
As the coronavirus spreads, many employers have questions about how to respond. The federal Centers for Disease Control and Prevention has the following advice: Actively encourage sick employees to stay home. Employees who appear to have acute respiratory illness symptoms (i.e. cough, shortness of breath) upon arrival to work or become sick during the day Read More
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California Supreme Court Tells Apple What “Hours Worked” Means
In response to a question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court has explained what the term “hours worked” means, as it is used in the California wage orders. The case involved a class action claim that Apple should pay its retail store employees for the time Read More
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Truckers Obtain TRO against AB5
The California Trucking Association has obtained a temporary restraining order against application of AB 5 to independent truckers. As explained in an earlier post, AB 5 would expressly incorporate the ABC test for employment (as articulated by the California Supreme Court in the Dynamex decision) into the Labor Code. United States District Judge Roger T. Benitez issued the TRO on December Read More
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New Lawsuit Challenges AB 5
Attribution: Alpha Stock Images – https://alphastockimages.com/ Uber, Postmates, Uber driver Lydia Olson and Postmates courier Miguel Perez have filed a lawsuit seeking to have AB 5 declared unconstitutional in the United States District Court for the Central District of California in Los Angeles. Lydia Olson v. State of California, Case No. 2:19-cv-10956. (Read the complaint here.) Read More
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Anti-Arbitration Law On Hold
AB 51 purported to ban arbitration agreements as a condition of employment, continued employment, or the receipt of any employment-related benefit, by adding new section 432.6 to the Labor Code, effective January 1, 2020. On Monday, December 30, 2019, United States District Judge Kimberly J. Mueller issued a temporary restraining order against enforcement, pending a hearing to Read More
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