Erika Barbara Pickles

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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…

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…

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…

One of the first employment-related bills signed by Governor Newsom this legislative session was Assembly Bill (“AB”) 2257, which recasts, clarifies, and expands exemptions to AB 5, last year’s bill relating to independent contractors.

In September 2019, Governor Newsom signed into law AB 5, which codified the “ABC Test” adopted by the California…

Sacramento has passed the Sacramento Worker Protection, Health and Safety Act (Ordinance No. 2020-00260) which is effective as of July 15, 2020.

The ordinance requires all employers operating in the City of Sacramento to comply with certain specified safety practices and protocols, many of which are recommended by the California Department of Public…

In recent weeks, San Jose and Los Angeles have passed ordinances to provide supplemental paid sick leave to employees not otherwise covered by the recently enacted federal Families First Coronavirus Response Act (FFCRA). San Francisco has a similar ordinance pending. On April 16th, Governor Newsom issued Executive Order N-51-20, which provides COVID-19 related…

As California employers continue their efforts to weather this difficult and economically uncertain time, the state is also taking steps to assist California workers affected by the COVID-19 crisis. Governor Gavin Newsom recently announced several new initiatives to support California workers who have been affected by COVID-19.

Expansion of Call Center Hours at the Employment …

California employers might receive much-needed clarification on whether and to what extent employees can remain “on call” during rest breaks.  On April 29, 2015, the California Supreme Court granted review of Augustus v. ABM Sec. Services, Inc., Nos. B243788 & B247392 (Cal. Ct. App. Jan. 29, 2015).

Earlier this year, the California Court of Appeal ruled that security guards were provided lawful rest breaks even though the company required the guards to remain “on call” during the rest breaks.  In so holding, the Court of Appeal ruled that remaining on call during rest breaks does not “constitute performing work” under Section 226.7 of the Labor Code and the applicable wage order.  For additional details about the underlying decision, please see our prior blog post.…
Continue Reading California Supreme Court to Review On-Call Rest Breaks

Everywhere you turn, Ebola is in the news.  Employers with concerns about the potential workplace implications of Ebola should listen to our complimentary podcast discussing legal and practical issues relating to the virus, including:

  • Steps  to take to ensure OSHA and state workplace health and safety laws are satisfied;
  • Legal compliance challenges that may arise

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