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
Erika M. Barbara
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California’s Paid Family Leave Program – What Employers Need to Know
By Erika M. Barbara on
Posted in Disability and Leave
Recently, the Biden administration announced plans for a federal paid family leave program – something that has been available to California employees for over a decade.
California’s Paid Family Leave (“PFL”) program, which is administered by the California Employment Development Department (“EDD”), provides eligible employees with up to 8 weeks of wage replacement benefits when…
Understanding CFRA: Who Is A “Family Member”?
By Erika M. Barbara on
Posted in Disability and Leave
The new year brought several important changes to the California Family Rights Act (CFRA). One key change that employers should be aware of is the expansion of the scope of individuals who qualify as “family members” under the law.
The CFRA allows eligible employees to take up to twelve weeks of protected leave for reasons…
The City of Oakland Extends its Emergency Paid Sick Leave Ordinance
By Erika M. Barbara on
Posted in Paid Sick Leave
Joining other counties and cities in California, the City of Oakland voted to extend its Emergency Paid Sick Leave ordinance into 2021. The amended ordinance applies retroactively to December 31, 2020, and will remain in effect until the City’s Declaration of COVID-19 Emergency expires.
The amended ordinance applies to all employers that have employees working…
The City of San Jose Extends and Expands Its Supplemental Paid Sick Leave Ordinance
By Erika M. Barbara on
Posted in Paid Sick Leave
The City of San Jose recently passed an ordinance extending its supplemental paid sick leave ordinance until June 30, 2021 and expanding it to apply to all employers with employees working in San Jose.
Extension
When it was first passed, San Jose’s supplemental paid sick leave ordinance was set to expire on December 31, 2020.…
Will Supplemental Paid Sick Leave Continue in 2021?
By Erika M. Barbara on
Posted in Paid Sick Leave
Most of California is currently subject to the state’s Regional Stay at Home Order and COVID-19 cases surging around the state. Meanwhile, federal and state supplemental paid sick leave benefits available to employees in California will soon expire.
The Families First Coronavirus Response Act (“FFCRA”), which includes paid sick leave obligations for employers with less…
California Supreme Court to Hear Oral Arguments on Retroactive Application of Dynamex
By Erika M. Barbara on
Posted in Wage and Hour
On November 3, 2020, while the rest of the country is focused on the 2020 election, the California Supreme Court will hear oral arguments in Vazquez v. Jan-Pro Franchising Int’l, Inc. to address an unanswered question stemming from the Court’s 2018 decision in Dynamex Operations West, Inc. v. Superior Court 4 Cal. 5th 905…
DFEH Releases FAQ, Updates Regulations for Fair Chance Act
By Erika M. Barbara on
Posted in FEHA
The California Department of Fair Employment and Housing (“DFEH”) recently released Frequently Asked Questions (“FAQ”) for California’s Fair Chance Act. The Fair Chance Act, commonly referred to as California’s “ban the box” law, imposes restrictions on when and how employers may inquire about and consider an applicant’s criminal history, including prohibiting employers with five or…
Sacramento County Passes Worker Safety and Supplemental Paid Sick Leave Ordinance
By Erika M. Barbara on
Posted in Paid Sick Leave
The Sacramento County Board of Supervisors has passed the Sacramento County Worker Protection, Health and Safety Act of 2020, which is effective October 1, 2020.
The ordinance, which applies only to businesses located in the unincorporated areas of Sacramento County, requires employers to implement specified social distancing, mitigation, and cleaning protocols and practices in…
AB 736 Expands Professional Exemption
By Erika M. Barbara & Janelle J. Sahouria on
Posted in Wage and Hour
On September 9, 2020, Governor Newsom signed Assembly Bill (“AB”) 736, which expands the professional exemption under Industrial Welfare Commission (“IWC”) Wage Orders Nos. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California.
AB 736 amends the Labor Code to add Section 515.7, which states that…