In a continued effort to reduce gender and racial pay gaps, on September 30, 2020, California Governor Gavin Newsom signed into law Senate Bill 973, which creates massive pay reporting requirements for employers. In 2021, certain California employers will be required to submit annual information on its employees’ pay data by gender, race, and
California
Governor Signs Bill to Ease Work Share Difficulties
On September 28, 2020, Governor Newsom signed Assembly Bill 1731 (“AB 1731”), which creates an alternative process for employers to submit and be approved for work-sharing plan programs. Previously some employees would be eligible for unemployment benefits if they were working less than their usual weekly hours and their employer was participating in a work-sharing…
Governor Signs Legislation Expanding Labor Commissioner Representation to Arbitrations
On September 28, 2020, Governor Newsom signed Senate Bill 1384, which (1) expands the California Labor Commissioner’s representation to arbitrations for claimants who cannot afford counsel, (2) requires employers to serve petitions to compel arbitration on the Labor Commissioner, and (3) allows the Labor Commissioner to represent claimants in proceedings to determine whether arbitration…
Revamping the No-Rehire Clause
On September 11, 2020, Governor Newsom signed Assembly Bill 2143 (“AB 2143”), which adds further nuances to last year’s AB 749 regarding no-rehire clauses in settlement agreements. AB 749 was part of the #MeToo inspired legislation, which prohibited no-rehire clauses in settlement agreements regarding employment disputes. Prior to AB 749, it was common for…
Starting the Signing-of-Bills Small with AB 3364
On August 31st, the California legislature closed its 2019 – 2020 session with the Assembly and Senate passing over 35 employment-related bills. However, thus far, the only employment-related bill the Governor has signed is Assembly Bill 3364 (“AB 3364”). AB 3364, titled “Judiciary omnibus,” covers a myriad of items from the licensure of…
Simple, Stringent, And Slow: New Reopening Plans for California
On August 28th, Governor Newsom announced new reopening plans for California in hopes of preventing another COVID-19 surge. The plan incorporates information learned over the past six months in addition to new scientific discoveries to create a system for reducing the transmission of COVID-19. It involves a four-tiered color system that ranks counties based on…
Returning to Work After Testing Positive for COVID-19
With the increase in COVID-19 cases in California and across the nation, employers are faced with a number of new challenges in the workplace, one of which is determining when employees may return to work after they have tested positive for the virus. Unfortunately, there have been mixed messages from state and federal authorities on…
What Employers Need to Know About Wildfires
As fire season starts and some areas of California and several other states are attempting to contain wildfires, employers need to consider their obligations to employees. In some circumstances, employers must implement a variety of controls to protect employees from wildfire smoke, including engineering and administrative controls, or require the use of personal protective equipment…
Local Ordinance, Massive Implications: Sonoma County Supplemental Paid Sick Leave
Changes in local regulations across California continue to shift the legal landscape for employers, bringing massive implications to their business. On August 18, 2020, Sonoma County passed a paid sick leave ordinance (the “Sonoma Ordinance”), which took effect immediately and sunsetting on December 31, 2020. The Sonoma Ordinance brings sweeping changes to businesses in unincorporated…
San Francisco Clarifies Back to Work Ordinance Requirements
In July, San Francisco’s Back to Work ordinance went into effect. The ordinance requires employers operating in San Francisco to offer reemployment to eligible employees laid off as a result of the COVID-19 pandemic and the related stay at home and shelter in place orders issued by the City of San Francisco when they…