Archives: California Employment Beat

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Oakland passes COVID-19 paid sick leave

On May 12, 2020, Oakland passed an emergency ordinance joining Los Angeles, San Francisco, and San Jose in requiring employers to provide paid sick leave to employees for COVID-19-related reasons.  Codified as Code of Ordinances Chapter 5.94 and known as the “Protecting Workers and Communities During a Pandemic – COVID-19 Emergency Paid Sick Leave Ordinance” … Continue Reading

California Executive Order expands workers’ compensation eligibility for employees diagnosed with COVID-19

On May 6, 2020, Governor Gavin Newsom issued Executive Order N-62-20, which dramatically expands workers’ compensation eligibility for employees who are diagnosed with COVID-19, as part of his continued plan to create a robust safety net for California workers. The Order creates a rebuttable presumption that employees who test positive for or are diagnosed with … Continue Reading

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

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, … Continue Reading

COVID-19 FAQs for California employers

The worldwide COVID-19 pandemic has had, and will continue to have, a substantial impact on the U.S. workplace. We have prepared a series of FAQs compiled based on some of the more common questions that clients with California-based employees have posed to us over roughly the past six weeks. These FAQs are general and high-level … Continue Reading

Bay Area counties mandate face coverings for essential businesses and other public areas

Health officials in six Bay Area counties – Sonoma, Marin, San Francisco, San Mateo, Alameda, and Contra Costa – have issued orders mandating the use of face coverings in public areas like essential businesses, common spaces, and on public transit. The San Francisco, Alameda, San Mateo, and Sonoma county orders went into effect on April … Continue Reading

California requires expanded COVID-19 paid sick leave for food sector workers

On April 16, 2020, California Governor Gavin Newsom signed an executive order requiring employers to provide up to 80 hours of COVID-19 Supplemental Paid Sick Leave for food sector workers.  The executive order is effective immediately and extends paid sick leave requirements to cover not only employees, but also independent contractors working in the food … Continue Reading

San Francisco Board of Supervisors approves amended paid sick leave ordinance in response to COVID-19 pandemic

On April 7, 2020, the San Francisco Board of Supervisors passed the Public Health Emergency Leave Ordinance (PHELO) to expand paid sick leave and emergency family medical leave benefits in response to the COVID-19 pandemic.  That ordinance was not signed and enacted by Mayor Breed, and the Board of Supervisors has now passed an amended … Continue Reading

San Francisco and San Jose expand paid sick leave in response to COVID-19 outbreak

On April 7, 2020, San Francisco, California and San Jose, California passed emergency ordinances to expand paid sick leave and emergency family medical leave benefits.  The ordinances cover gaps under federal law by expanding leave benefits under the federal Families First Coronavirus Response Act (the Act), which is limited to employers with fewer than 500 … Continue Reading

California Court of Appeal addresses “unlimited” vacation policies

California law does not require employers to provide paid vacation. But if a California employer does choose to give paid vacation time, state legal requirements apply regarding accrual and compensation. For example, vacation may not be on a “use it or lose it” basis, and all vested but unused vacation is considered earned compensation that … Continue Reading

California’s Judicial Council adopts emergency rules tolling statutes of limitations

On April 6, 2020, the California Judicial Council held its second emergency meeting to address issues arising in the California court system as a result of the COVID-19 pandemic. The Judicial Council, led by Chief Justice of the California Supreme Court Tani Cantil-Sakauye, is the rulemaking body of the California court system. California’s Government Code … Continue Reading

Los Angeles emergency order mandates supplemental paid sick leave for large employers

On April 7, 2020, Los Angeles Mayor Eric Garcetti suspended a paid sick leave ordinance by the Los Angeles City Council and signed an emergency order providing for mandatory paid sick leave for many large employers with essential employees working in the City of Los Angeles (L.A. Supplemental PSL), effective immediately. Existing Los Angeles City … Continue Reading

California Supreme Court: Employees who settle their own wage and hour claims still have standing to pursue PAGA

The California Supreme Court ruled on March 12, 2020 that an individual plaintiff’s settlement of their claims against an employer for purported wage and hour violations does not deprive that plaintiff of standing as an authorized representative in a Private Attorney General’s Act (PAGA) action. PAGA deputizes an employee to file a lawsuit for purported … Continue Reading

Los Angeles implements additional paid sick leave for employers with 500 or more employees nationwide

On March 27, 2020, the Los Angeles City Council approved a new paid sick leave ordinance (L.A. Ordinance), to remain in effect until December 31, 2020, which supplements federal bill H.R. 6201, known as the Family First Coronavirus Response Act (FFCRA). The FFCRA provides for paid sick leave and paid family leave entitlements to companies … Continue Reading

COVID-19: Practical implications of March 19, 2020, state of California and Los Angeles County emergency orders

On March 19, 2020, governor of the state of California, Gavin Newsom, issued Executive Order N-33-20 (California Executive Order), effective immediately until further notice. This California Executive Order requires all individuals living in the state of California to stay home, except as needed to maintain continuity of operations of the federal critical infrastructure sectors, as … Continue Reading

California executive order suspends and modifies California WARN requirements due to COVID-19 but employers contemplating furloughs are not yet in the clear

Employers are facing increasingly difficult business decisions as a result of COVID-19 and, in developing a plan of action, must take care to avoid the many risks for wage and hour litigation that may be asserted in the wake of those decisions, especially as they relate to the execution of temporary layoffs or furloughs. On … Continue Reading

California privacy, harassment and discrimination considerations during the coronavirus outbreak

In addition to considerations under federal law and California’s wage and hour laws, California employers should consider privacy, harassment and discrimination laws that are unique to California. California laws tend to be more protective of employees than federal counterparts and these differences may impact how an employer needs to respond to coronavirus concerns. Privacy Unlike … Continue Reading

California wage and hour considerations during the coronavirus outbreak

In addition to considerations under federal law, employers with employees in California should consider additional wage and hour issues that are unique to California. The Labor Commissioner’s Office has issued an FAQ to provide guidance on issues related to COVID-19. If an exempt salaried employee performs any work during the week, that employee should be … Continue Reading

California extends deadline to file employment claims from one year to three years

Beginning January 1, 2020, an individual’s deadline to exhaust their administrative remedies through advancing a charge of unlawful workplace discrimination, harassment, and retaliation with the California Department of Fair Housing and Employment (DFEH) will be extended from one year to three years. Assembly Bill 9, known as the Stop Harassment and Reporting Extension (SHARE) Act, … Continue Reading

Gov. Newsom signs bill to expand CFRA rights

On October 10, 2019, California Governor Gavin Newsom officially signed a bill expanding protected leave rights under the California Family Rights Act (CFRA) to flight crew employees. We covered this issue in more detail here. The new law will allow flight crew employees to be eligible for CFRA protected leave with certain conditions.… Continue Reading

California legislature passes expansion of CFRA rights for flight crew employees

The California Legislature has recently passed a new bill to expand the California Family Rights Act (CFRA) to flight deck and cabin crew employees (pilots and flight attendants). The new bill conforms California’s CFRA to the federal Family and Medical Leave Act (FMLA) with regard to protected leave. Currently under the CFRA, employees are eligible … Continue Reading

California leads the way in passing landmark legislation to classify gig workers as employees

As we have previously reported here, California Assembly Bill 5 (the bill) is slated to codify the California Supreme Court’s 2018 landmark decision in Dynamex Operations West v. Superior Court of Los Angeles, requiring companies to apply the “ABC” test in classifying their workers. The ABC test requires that workers be considered “employees” instead of … Continue Reading

New York and California ban discrimination against natural hair

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 … Continue Reading

Promising news for companies in the transportation industry

Companies in the transportation industry with operations in California have some positive news to celebrate. On May 3, 2019, in Anthony Ayala v. U.S. Xpress Enterprises, Inc., et al., the Central District of California granted partial summary judgment and dismissed a truck driver’s meal and rest period claims, finding that they were preempted by the … Continue Reading

Dynamex in retrograde – misclassification test and its retroactive reach may open the flood gates for misclassification cases in California

In April 2018, the California Supreme Court turned worker classification on its head when it decided Dynamex Operations West Inc v. Superior Court (Dynamex). In Dynamex, the court adopted a three-factor “ABC” test for analyzing misclassification claims under the California Wage Orders. Under the ABC test, for an employer to show that workers were properly … Continue Reading
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