February 2023

It is well-known that California law is often more strict than federal law. Just as California handles overtime differently than the federal Fair Labor Standards Act (FLSA), California law also treats aspects of overtime exemptions differently than the FLSA. One such difference is the Outside Salesperson exemption.

Under the FLSA, an outside sales employee is

February 17th was not only the start of the President’s Day weekend but also the last day that California legislators could introduce bills for consideration during the 2023 legislative session. Jackson Lewis attorneys will be monitoring the below bills, which have the potential for a profound impact on California employers.

Assembly Bill (AB) 1100

In October 2022, Governor Newsom announced the California COVID-19 State of Emergency would end on February 28, 2023. While this will phase out some of the tools the state used in handling the COVID-19 pandemic, it does not mean the end of all COVID-19 regulations and requirements for employers.  Three illustrative examples are discussed

A pair of recent California Court of Appeal decisions serve as yet another reminder to employers of the difficulties that they potentially face when enforcing arbitration agreements in California and, as a result, the importance of drafting clear, precise arbitration agreements.  The first case, Hernandez v. Meridian Management Services, LLC, reiterated the importance of

California employers take note: the non-emergency version of the Cal/OSHA COVID-19 Prevention regulations are now in effect.

At the end of 2022, the Cal/OSHA Standards Board voted to adopt the COVID-19 Prevention non-emergency regulations to replace the Emergency Temporary Standard(ETS).

On February 3, 2023, the California Office of Administrative Law approved the non-emergency standard.

On January 20, 2023, San Francisco approved the Military Leave Pay Protection Act, which mandates that certain employers must provide paid leave for employees taking leave for military duty.

The ordinance takes effect 30 days after passage on February 19, 2023.

Covered Employers

The ordinance applies to employers who employ 100 or more employees