On April 18, 2022, the United States Supreme Court upheld an employer’s right to enforce a vaccine mandate resulting in the termination of the employee in Jonathan Dunn v. Lloyd J. Austin II, Secretary of Defense, et al. (more…)
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California Court of Appeal Clarifies Employer Duties With Respect to Remote Workers
As a general principal, California law imposes on employers an affirmative duty to ensure their employees have access to a safe work environment. In a decision tailor-made for the COVID era (although the facts giving rise to it preceded the pandemic), the California Court of Appeal in Colonial Van & Storage Inc. v. Superior Court held that this duty may not extend to an employee’s home—rather, an employer does not have a duty to protect working-at-home employees from third party criminal conduct.(more…)
Retroactive COVID-19 Supplemental Paid Sick Leave Now Mandatory For California Employers With 26 Or More Employees
General Overview
On February 9, 2022, Governor Newsom signed legislation, Senate Bill (SB) 114 creating Labor Code section 248.6, into law which reinstates supplemental paid sick leave in California, effective immediately. Supplemental paid sick leave applies retroactively to January 1, 2022, and extends through September 30, 2022. Employers’ obligation to provide the supplemental paid sick leave begins February 19, 2022.(more…)
US Congress Allows Plaintiffs Alleging #MeToo Claims to Invalidate Predispute Arbitration Agreements
The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 was signed into law by President Biden on March 3, 2022.
On February 10, 2022, the US Senate passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (the “Act”). The Act already passed the US House, and it is expected President Joe Biden will sign it into law. In brief, the Act will amend the Federal Arbitration Act (FAA) to allow a plaintiff who alleges a sexual harassment or sexual assault claim to invalidate a predispute arbitration agreement.(more…)
California Supreme Court – Important New Law on Retaliation Claims
On January 27, 2022, in Lawson v. PPG Architectural Finishes, Inc., No. S266001,___ Cal.5th ___, the California Supreme Court made it harder for employers to prevail on whistleblower retaliation claims by embracing the more employee-friendly analytical framework set forth in California Labor Code section 1102.6.(more…)
OSHA Issues Emergency Temporary Standards Mandating Covid-19 Vaccines or Weekly Testing For Unvaccinated Employees Working For Large Companies
On November 4, 2021, the Occupational Safety and Health Administration’s (OSHA) long awaited emergency temporary standards (ETS), effective November 5, 2021, were announced establishing requirements for employers with 100 or more employees company-wide to enforce regarding vaccination, masking, and testing for COVID-19. The ETS require large employers to either mandate vaccines for all employees or institute weekly testing for unvaccinated employees. (more…)
2022 Employment Laws – New California Statutes to Consider
In 2022 there will be a host of new California labor and employment laws that employers must navigate as they review and update their policies and practices. This post highlights key pieces of legislation that are due to take effect in the new year. Unless otherwise noted, all new laws discussed below will be effective as of January 1, 2022.(more…)
California’s Silenced No More Act – New California Law Will Expand Confidentiality Prohibitions
On October 7, Governor Newsom signed S.B. 331, the Silenced No More Act (“Act”), into law. The Act will take effect January 1, 2022. Existing California law limits the use of non-disclosure agreements (“NDAs”) to settle already-filed claims alleging assault, discrimination, harassment, or retaliation on the basis of sex. The Act expands the law to include any legally protected basis. The Act also clarifies that NDAs cannot be used in certain employment agreements (including bonus or separation agreements) to prevent or restrict the disclosure of factual information related to unlawful acts in the workplace.(more…)
FDA Approves First COVID-19 Vaccine-What This Means For Employers
The Federal Drug Administration’s (“FDA”) approval of the Pfizer-BioNTech COVID-19 vaccine clears the way for employers hesitant to mandate vaccines authorized under the FDA’s Emergency Use Authorization (“EUA”) to now require employees receive an FDA approved vaccine.(more…)
California Supreme Court Confirms Non-Discretionary Compensation Must be Included in the Calculation of the Regular Rate of Compensation for Premium Wages Paid for Missed Meal and Rest Breaks
The Ferra Decision
On July 15, 2021, the California Supreme Court unanimously held in Ferra v. Loews Hollywood Hotel, LLC that meal and rest break premiums must be paid at the “regular rate of pay,” which includes all non-discretionary payments. The decision has significant ramifications for California businesses, and highlights the urgent need for employers to review their meal and rest period practices to ensure compliance.(more…)