Tag archives: California

US: Latest California Labor & Employment Developments from January 2021

This past month saw the inauguration of President Biden, who promptly took steps that will have an immediate impact on California employers. Plus, new COVID-related laws took effect, some expired (but may be re-enacted), and a federal appeals court eased the meal/rest break burden on the transportation industry. For a brief summary of these an other California labor and employment law developments from January 2021, read our California wrap-up: The top five employment and labor developments for California employers in January 2021.… Continue Reading

California imposes new requirement of a COVID-19 Prevention Program

With the approval of Cal/OSHA’s new COVID-19 regulations, the proponents of action-taking won out over those who felt California’s existing laws, regulations, and enforcement arsenal were sufficient to meet the moment. It’s clear that California likes to lead—though it’s not the first state to enact specific COVID-19 standards (Virginia and Oregon got there first).… Continue Reading

US: California employers must take measures to curb workplace spread of coronavirus under emergency CAL/OSHA rules

The California Occupational Safety and Health Standards Board has approved emergency, temporary COVID-19 regulations under California’s Occupational Safety & Health Act. California employers must now establish specific measures to curb the spread of COVID-19 in nearly every workplace in California.  The emergency regulations, which the Standards Board approved on Thursday night by a unanimous vote, must first be submitted to the Office of Administrative Law (OAL) for final approval. Upon submission, the OAL will have only 10 calendar days to approve or deny the proposed emergency regulations. If approved, the OAL will file the emergency regulation with the Secretary of … Continue Reading

US: California: San Francisco employees laid off due to COVID-19 may have reemployment rights under new ordinance

On July 3, San Francisco’s new “Back to Work” emergency ordinance took effect, requiring employers to rehire certain employees laid off as a result of the COVID-19 pandemic when the employer seeks to fill the same position formerly held by the laid-off worker, or a substantially similar position. The ordinance will expire on September 2, 2020, but may continue if extended by the City of San Francisco.  For more information on the requirements of this new ordinance creating special reemployment rights, see our legal update, With San Francisco’s Back to Work Ordinance now in effect, employees laid-off due to COVID-19 Continue Reading

US: California court addresses legality of unlimited or uncapped vacation policies

Recently, in McPherson v. EF Intercultural Foundation, Inc., the California Court of Appeals addressed the legality of unlimited or uncapped vacation policies under California law. Three exempt employees sued the company for payment of unused vacation time at termination, despite being subject to an unlimited paid time off policy, because they argued the policy was neither unlimited in policy nor practice. The court agreed. Fortunately for California employers, the decision sets forth guidelines for employers to properly implement such policies and avoid liability.  For more information, see our legal update, California court finds employer liable under unlimited vacation policyContinue Reading

US: Employer obligations for COVID-19 mandated remote work expenses (California and beyond)

To reduce the spread of COVID-19, many employers are requiring their employees to work remotely (either voluntarily or because several states, including California and New York, have imposed social distancing restrictions). The new work-from-home reality has implications for employers with workers employed in California and other states, as described in COVID-19: Working from home and employer reimbursement of remote-work expenses in California and beyond.  For more information, read COVID-19: Working from home and employer reimbursement of remote-work expenses in California and beyond, and for additional information about legal implications of COVID-19, see Coronavirus: Legal implications of a global Continue Reading

Paid sick days law in California is amended

The California Healthy Workplaces, Healthy Families Act of 2014 (“the Act”) went into effect on January 1, 2015, but its key accrual and use provisions became effective on July 1. On July 13, 2015, Governor Jerry Brown signed Assembly Bill 304, amending California’s Sick Leave law to make immediate changes. Those amendments state:

  • Employers may now use different accrual methods. The Act originally provided for an accrual rate of no less than one hour for every 30 hours worked, for those employers that did not grant sick leave at the beginning of each year. The amendments now allow an employer
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