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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 As originally enacted in 1994, CFRA only applied to employers with 50 or more employees, like the federal Family and Medical Leave Act.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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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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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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Uber, Lyft and Doordash Launch Attack on AB5

Image provided by www.quotecatalog.com Uber, Lyft and Doordash have launched a campaign to pass an initiative that would limit the impact of AB 5, a new California law that seeks to increase the number of workers entitled to protections for employees under California law. If passed by voters next year, the initiative would add new provisions Read More

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Watch Partner Calvin House Argue in the Ninth Circuit

We represent Los Angeles School Police Officer Daniel East in a lawsuit claiming that Officer East participated in the unlawful prosecution of a juvenile adjudicated a murder, whose conviction was overturned. Our appeal from the District Court’s refusal to grant summary judgment was heard by a 3-judge panel of the Ninth Circuit on October 15, Read More

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Hairstyle Protection Added to FEHA

A California law that will become effective on January 1, 2020, provides protection for hairstyles and other traits that are associated with race. SB 188 does so by amending the definition of “race” in the Fair Employment and Housing Act to include “traits historically associated with race, including, but not limited to, hair texture and Read More

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