A flurry of employment law-related bills are headed to Governor Newsom for consideration, however, no bills are being presented related to statewide supplemental paid sick leave. In March 2021, California resurrected and expanded statewide COVID-19 supplemental paid sick leave. The legislation sunsets on September 30, 2021, and there is no legislation pending to extend
September 2021
New Legislation Makes Procedural Changes to DFEH Enforcement and Expands Employer Record Retention Requirements
On September 23, 2021, California’s Governor signed Senate Bill 807 (SB 807), which makes procedural modifications to how the Department of Fair Employment and Housing (DFEH) enforces California’s civil rights laws. The changes include modifying when and how the DFEH can appeal adverse superior court decisions regarding the scope of the DFEH’s power to compel…
California Passes Legislation Regarding Job Performance Quotas for Large Warehouse Facilities
On September 22, 2021, California’s Governor signed Assembly Bill 701 (AB 701) which regulates the use of quotas at warehouse distribution centers in California. The new law applies to large employers who meet industry definitions for General Warehousing and Storage, Merchant Wholesalers (Durable and Non-Durable Goods), and Electronic Shopping and Mail-Order Houses.
AB 701 requires…
What’s Next with Cal/OSHA and COVID-19 Standards?
For now, California employers are beholden to state and local COVID-19 requirements as well as Cal/OSHA’s infamous COVID-19 Emergency Temporary Standards (ETS). The ETS are set to expire on January 14, 2022. However, Cal/OSHA has recently released a draft of a semi-permanent standard for COVID-19.
The current proposal would create a COVID-19 standard that…
Compensation Considerations and Wildfires
Employers may understand the workplace safety concerns surrounding wildfires, but there are other employment issues that employers should consider in the event of a wildfire near the worksite.
The California Labor Commissioner’s Office has FAQs pertaining to important employment issues that employers should consider when their employees or worksite are impacted by wildfires.
Regular …
California Guidance for COVID-19 Vaccination and Testing Requirements
After the announcement of President Biden’s COVID-19 Action Plan, employers across the country, including California started to consider how to implement vaccination and testing requirements, even ahead of clear guidance from the federal government.
California already has its own Emergency Temporary Standards (ETS) which were amended in June by Cal/OSHA. However, currently, the California…
California Court of Appeal Holds Courts Have Authority to Ensure that PAGA Claims Are Manageable
While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA claims has caused California trial courts much consternation.
However, recently the California Court of Appeal for the Second Appellate District has provided some…
California Fair Pay to Play Act To Become Effective September 1, 2021
On August 31, 2021, Governor Newsom signed Senate Bill 26 (SB 26) which makes the provisions of the Fair Pay to Play Act (The Act) operative September 1, 2021, and makes the provisions applicable to the California Community Colleges.
The Act, which was passed in 2019, allows college athletes to secure endorsements and sponsorships without…