Insight & Commentary on California Workplace Law Issues & Developments
In January the California Department of Public Health (CDPH) extended universal masking indoors through February 15, 2022, due to a continued COVID-19 surge. In advance of the expiration, Governor Newsom announced that universal masking would not be extended again. The CDPH also published mask guidance for after February 15th.
Effective February 16,…
The Private Attorneys General Act (PAGA) has been in the news lately with a proposed state Proposition seeking to reform it, and the Supreme Court taking up a case regarding PAGA and arbitrations. Though recent developments give hope to employers that some limitations will be placed on PAGA claims, the filing of PAGA…
Under federal law, there is the Worker Adjustment and Retraining Notification Act (WARN) which sets forth certain requirements for businesses who are closing locations and/or proceeding with large-scale reductions in force. As is typical for the state, California has separate WARN regulations often referred to as Cal-WARN.
Here are some of the important differences between…
January 31st was the last day for the California legislature to approve bills that had been initially introduced in 2021 before they are shelved for good. The FAST Recovery Act (Assembly Bill (AB 257) was such a bill.
AB 257 would create an 11 member Fast Food Sector Council appointed by the…
In late January, California Governor Gavin Newsom announced that he and the legislature had reached an agreement on a framework to revive COVID-19 supplemental paid sick leave (SPSL), which expired in September 2021. However, there was no bill and only speculation on what coverage would look like.
On February 2, 2022, Assembly Bill 84…
In Espinoza v. Hepta Run, Inc., the California Court of Appeal reiterated that federal law preempts California meal and rest period requirements for motor carriers and confirmed such preemption also applies to short-haul drivers.
A truck driver filed a complaint against his employer alleging various wage and hour violations, including failure to provide meal…
Last year the California Supreme Court agreed to take up a question from the 9th Circuit regarding the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. The California Supreme Court in Lawson v. PPG Architectural Finishes, Inc, held that Labor Code section 1102.6 “provides the governing framework for…
California employers are required to post their annual summary of work-related injuries and illnesses, including COVID-19 illness, in a visible and easily accessible area at every worksite from February 1st through April 30th. Employers are required to use Cal/OSHA’s Form 300A for this posting.
Employers can find an overview regarding completing both…
At the start of their January 20th meeting, the Cal/OSHA Standards Board announced they would not consider the proposal to adopt the federal ETS, also known as a Horcher proposal. This comes shortly after the U.S. Supreme Court upheld a stay on the federal Emergency Temporary Standard.
If this feels like déjà vu, you…
The California Court of Appeal, in Cirrincione v. American Scissor Lift, Inc. recently upheld a trial court order denying class certification in a wage and hour class action. Since class certification is so often granted, this decision warrants further attention.
The underlying case involved an employee bringing multiple wage and hour claims, including allegations that…
