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California Legislative Year-End Review (US)

California’s active legislative year has finally come to a close, with Governor Gavin Newsom signing several new laws to further regulate the workplace. Summarized below are the laws expected to most significantly impact California employers. Unless otherwise stated, these new laws take effect January 1, 2023.… Continue Reading

California Issues New Definition of “Close Contact” – Time for Tape Measures and Calculators (US)

The California Department of Public Health (CDPH) revised its definition for what constitutes a “close contact” for purposes of Cal/OSHA’s Emergency Temporary Standard (ETS).[1] The revised definition will likely be good news for big box retailers, large manufacturers and warehouses. The rest of the state will remain bound by the existing standard.… Continue Reading

Gov. Newsom Extends California COVID-19 Supplemental Paid Sick Leave Through December 31, 2022 – and Other COVID-19 Updates (US)

California Governor Gavin Newsom signed into law several more employment-related bills impacting an employer’s obligations relating to COVID-19.  Of particular note, Assembly Bill 152 extends California’s 2022 COVID-19 Supplemental Paid Sick Leave through December 31, 2022. This means employers with more than 25 employees must continue to provide supplemental paid sick leave to employees for … Continue Reading

BREAKING: California Employers to Disclose Pay Ranges (US)

As a result of Governor Newsom’s signature on SB 1162, California will soon become the largest state requiring affirmative disclosure of pay scale information, thus contributing to the state’s ongoing effort to increase pay transparency. Effective January 1, 2023, many California employers will be required to include pay scale information in job postings and disclose … Continue Reading

Lessons for California Employers from Viking River (US)

Last Wednesday, the U.S. Supreme Court waded into the complicated and controversial waters of California’s Labor Code Private Attorneys General Act (“PAGA”).  At issue was whether pre-dispute arbitration agreements between employers and employees could be enforced to compel PAGA claims into arbitration – California courts had said no.  At stake is a huge loophole which … Continue Reading

Employers Beware:  Take-Home COVID Cases are on the Rise (US)

You’ve just been informed that an employee who apparently contracted COVID-19 from an exposure in your workplace brought the virus home, and now his spouse, who is in a high-risk category, has contracted the virus and is in the hospital.  Do you as the employer face potential liability for the spouse’s illness? More than two … Continue Reading

What Employers Need to Know about California’s 2022 COVID-19 Supplemental Paid Sick Leave Law (US)

On February 19, 2022, California employers with more than 25 employees must begin complying with California’s latest paid sick leave legislation (Senate Bill 114 to be codified as Cal. Labor Code § 248.6) and provide supplemental paid sick leave to covered employees who are unable to work or telework due to COVID-19 related reasons. While … Continue Reading

California Legislature Enacts New Employment Laws To Take Effect in 2022 (US)

The California Legislature increased the complexity of employment law in the Golden State by enacting several employment laws that will soon take effect.  Below we summarize key aspects of the more significant new legislation. Intentional Failure to Pay Wages May Constitute the Felony of “Grand Theft” (Assembly Bill 1003) Under current law, employers who wrongfully … Continue Reading

Ninth Circuit Panel Reinstates Restrictions on California Employment Arbitration Agreements (US)

In October 2019, California enacted a new law, AB 51, that on its face prohibits mandatory arbitration clauses in employment contracts. As expected, the law was immediately challenged in federal court. In the latest installment of the law’s journey through the courts, a split Ninth Circuit panel vacated a 2020 preliminary injunction that had forestalled … Continue Reading

California Becomes More Expensive for Employers: Meal and Rest Break Premiums Now Track Overtime and Must be Paid at the Regular Rate of Pay, Retroactively (US)

Issuing the California Supreme Court’s decision in a much anticipated case, Justice Liu on behalf of a unanimous court explained in Ferra v. Loews Hollywood Hotel, LLC that “[t]he calculation of premium pay for a noncompliant meal, rest, or recovery period, like the calculation of overtime pay, must account for not only hourly wages but … Continue Reading

California Agency Withdraws Proposed Revised Mask Regulation (US)

Less than a week after adopting a controversial proposal that would have required vaccinated employees to wear masks any time they were in a room with an unvaccinated person, the California Occupational Safety and Health Standards Board voted to withdraw the proposal. The Board plans to consider a new proposal at its next regular meeting … Continue Reading

California Agency Says Masks Stay On At Work – At Least for Now (US)

On June 3, 2021, California’s Occupational Safety and Health Standards Board (Cal/OSHA) took the first step towards adopting revised regulations relating to COVID-19 in the workplace. These revisions include updates to requirements for face coverings, physical distancing, and other preventive measures for both vaccinated and unvaccinated workers. The rules will apply in almost every workplace … Continue Reading

Arizona and Many Other States Begin Legislative Process to Protect Employees Against Discrimination Based on COVID-19 Vaccine Choices (US)

Currently pending before the Arizona legislature, Senate Bill 1648 would prohibit discrimination in the workplace (and elsewhere) against individuals who have not received or who refuse to receive a COVID-19 vaccine. As proposed, the bill would prohibit any employer from requiring a person to receive or disclose whether they have received a COVID-19 vaccine as … Continue Reading

Dynamex is Retroactive Says the California Supreme Court  – The Independent Contractor Law Now Looks Back and Forward (US)

The range of employers who may be liable for the misclassification of workers just got bigger. On January 14, 2021, the California Supreme Court decided that the decision in  Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903 (Dynamex) applies retroactively to all non-final cases that predate the April 2018 Dynamex decision. Dynamex … Continue Reading

State Law Round-Up: Year End Edition – PART ONE (California – Hawaii) (US)

As we (thankfully) reach the end of 2020, we wanted to provide a year-end update on recent and upcoming state law developments.  Despite the fact that state and local governments had their hands full with the COVID-19 pandemic (and passed many laws relating to that topic, which we will not cover here), they managed to … Continue Reading

WEBINAR – November 5 – Healthcare Employers’ COVID-19 Update: A Practical Discussion of Recent Employment Law Developments Relating to COVID-19 (US)

As part of Squire Patton Boggs’ ongoing focus on COVID-19 pandemic challenges and opportunities, on November 5, 2020 at 2:00 p.m. Eastern, William J. Kishman and Laura Lawless of the firms’ Labor & Employment Practice Group will host an hour-long discussion aimed at healthcare employers that will focus on some of the key issues that are front … Continue Reading

A Timely Redux: Walking The Tightrope: Dealing With Employees’ Different Viewpoints On COVID-19, Racial Justice, and Partisan Politics (US)

In June 2020, we added a post to Employment Law Worldview addressing the complicated situation employers are in when employees express – sometime respectfully, sometimes not – different, and indeed, opposite views on COVID-19 issues (e.g., legitimate public health emergency versus hoax or “plandemic”), racial justice (“Black Lives Matter” versus “All Lives Matter”), and politics … Continue Reading

Voting Leave: What US Employers Need To Know As Election Day 2020 Approaches

With Election Day just a few weeks away, it’s an appropriate time to refresh our understanding of state voting leave laws and the obligations imposed on private sector employers by those laws. Although absentee voting by mail and universal mail voting have become more common since the last presidential election in 2016, many voters undoubtedly … Continue Reading

California Privacy Rights Act Makes it to the November Ballot (US)

As California employers continue to grapple with compliance with employee-related portions of the California Consumer Privacy Act, it is worth keeping an eye on a follow-on law, the California Privacy Rights Act (CPRA), which now has enough signatures to be on California’s November 3, 2020 ballot. Of particular concern to employers should be the fact … Continue Reading

WEBINAR May 28: Mandatory COVID-19 Updates to Injury and Illness Prevention Programs for California Employers (US)

The California Occupational Safety and Health Administration has issued new guidelines for protecting workers as businesses expand activities during the continuing COVID-19 pandemic. These guidelines include updated control measures as well as specific topics which must be addressed in employers’ COVID-19 response plans and written Injury and Illness Prevention Programs. Not only could failure to … Continue Reading

Navigating Employee Return-to-Work Issues (US)

On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading

City of Los Angeles Right of Recall and Worker Retention Ordinances Take Effect (US)

In the midst of the COVID-19 pandemic, Los Angeles, California Mayor Eric Garcetti signed the Right of Recall and Worker Retention Ordinances into law to protect employees in some of the industries hardest hit by the economic fallout caused by the coronavirus.  The Los Angeles County Board of Supervisors is considering extending these ordinances to … Continue Reading

California Governor’s Order Creates Workers’ Compensation Presumption For COVID-19 Diagnosis (US)

As California employers prepare for the gradual re-opening of business, they must now take into consideration Governor Gavin Newsom’s Executive Order N-62-20 executed on May 6, 2020, making any COVID-19 infection diagnosed within two weeks of an individual working outside of their home presumptively work-related. This has the effect for employers of reversing the burden … Continue Reading

Employer’s Guide to Return-to-Work Issues: COVID-19 Public Health Emergency (US)

The coronavirus disease 2019 (COVID-19) public health emergency has changed life as we know it, including by severely disrupting business on a nationwide scale.  In some cases, employers have been forced to temporarily close their doors and cease operations, while others have had to make radical changes to the workplace in order to maintain operations. … Continue Reading
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