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Marianne Rittenburg

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On September 9, 2020, Governor Newsom signed Assembly Bill (AB) 1867 into law, adding section 248.1 to the Labor Code. Under this new section, “hiring entities” are required to provide supplemental COVID-19 paid sick leave (CPSL) to “covered workers.” This is in addition to any paid sick leave that may be available to the covered workers under California’s Healthy Workplace Healthy Family Act of 2014 (HWHFA)[1].

“Hiring entities” include private businesses with 500 or more employees in the United States or public entities that employ health care providers or emergency responders that have elected to exclude such employees from emergency paid sick leave under the Federal Families First Coronavirus Response Act. Notably, there is no exception for unionized workforces with a collective bargaining agreement providing for paid sick leave.

“Covered workers” include individuals employed by a hiring entity that leave home to perform work. Excluded from covered workers are food sector workers, who are instead provided supplemental COVID-19 paid sick leave under Labor Code section 248.
Continue Reading California requires new COVID-19 supplemental paid sick leave

On June 16, 2020, the California Department of Public Health (CDPH) released guidance for employers responding to COVID-19 outbreaks in the workplace. An outbreak at a non-health care or congregate setting workplace is defined as three or more laboratory-confirmed cases of COVID-19 within a two-week period among employees who live in different households.

The guidance provides a road map for local public health departments (LHDs) and employers to use in understanding the steps that should be taken in response to an outbreak at work. In short, employers should be ready to report positive COVID-19 cases to the LHD and to collaborate with the LHD to coordinate a response to the outbreak.Continue Reading California’s recent guidance for employers facing COVID-19 outbreaks

On April 29, 2020, the Mayor of Los Angeles, Eric Garcetti, signed into law two COVID-19-driven workforce ordinances: the Right of Recall Ordinance and the Worker Retention Ordinance.

The ordinances cover “Airport,” “Commercial Property,” “Event Center,” and “Hotel” employers, including:

  • Owners, operators, or managers of (i) Event Centers (g., concert halls, stadiums, sports arenas, racetracks, coliseums, and convention centers), (ii) Hotels with 50+ rooms or gross revenues exceeding $5 million in 2019, and (iii) any restaurant physically located on the premises of said covered Hotel.
  • Any employer that provides any service at any Airport it operates in the City or provides any service to any employer servicing these airports. This ordinance does not apply to airlines.
  • Owners, operators, managers, or lessees, including contractors, subcontractors, or sublessees, of a non-residential Commercial Property in the City that employs 25 or more janitorial, maintenance, or security service workers.

Continue Reading Los Angeles City’s New Right of Recall and Worker Retention Ordinances

On July 3, California became the first state to pass legislation that bans discrimination based on natural hairstyles. Governor Gavin Newsom signed into law the CROWN Act (Create a Respectful and Open Workplace for Natural Hair). The CROWN Act amends the state’s Government Code and Education Code to define “race or ethnicity” as “inclusive of traits historically associated with race, including, but not limited to, hair texture and protective hairstyles.” The new law expressly protects hairstyles including, but not limited to, “braids, locks, and twists.” Governor Newsom called the law “long overdue.” The bill passed unanimously in the senate and the assembly, and takes effect on January 1, 2020.
Continue Reading New York and California ban discrimination against natural hair

On Tuesday, January 15, 2019, the U.S. Supreme Court found that truck drivers classified as independent contractors cannot be compelled to arbitrate their claims under the Federal Arbitration Act (FAA). See New Prime, Inc. v. Oliveira, No. 17-340, 2019 WL 189342 (U.S. Jan. 15, 2019).

This decision has significant ramifications for transportation industry companies that previously utilized arbitration agreements with their independent contractor drivers. Given the court’s ruling, those independent contractor drivers can no longer be compelled to arbitrate their claims under the FAA.

The plaintiff, Dominic Oliveira, worked as an independent contractor driver for a trucking company, New Prime Inc. As part of his contract with New Prime, Olivera agreed to arbitrate all disputes. In contradiction to this agreement, Oliveira brought a claim in court against New Prime on behalf of himself and thousands of other independent contractor drivers. Oliveira alleged that he and the other drivers were misclassified as independent contractors, and that they were actually employees of the company.Continue Reading High court finds independent contractor truck drivers excluded from FAA