On May 4th, Governor Newsom issued a new executive order allowing for limited reopening of certain businesses. This initial allowance for re-opening was part of the State’s larger staged plan referred to as the “Resilience Roadmap.” The Governor’s plan identified that the State was in the early part of Stage 2 but set
California’s Resilience Roadmap and Guidance to Employers for Stage Two Reopening
California Governor Gavin Newsom has announced a plan to allow the limited reopening of some businesses beyond those in the category of essential critical infrastructure. This limited reopening is part of the “Resilience Roadmap” for California, the multi-phase plan to modify the statewide stay-at-home Order, originally issued on March 19, 2020, in response
California Counties and Cities Begin to Mandate Face Coverings in Further Efforts to Slow the Spread of COVID-19
The Center for Disease Control (“CDC”) recently began recommending the use of non-medical masks or “cloth face coverings” to help stem the spread of COVID-19. According to the CDC’s recommendation, cloth face coverings are recommended in public settings where other social distancing measures are difficult to maintain (e.g. grocery stores and pharmacies). The CDC has
Childcare Relief for Essential Critical Infrastructure Employees
Many employees and employers, in recent weeks, have been adjusting to the new normal of working from home due to California’s Shelter-in-Place order. However, employers and their employees deemed part of the essential critical infrastructure face a different complication. One major issue facing essential employees is handling childcare issues in light of daycare and
California Worker Misclassification Bill Closer to Enactment
The California Assembly has passed a bill that would require workers to be classified as employees if the employer exerts control over how the workers perform their tasks or if their work is part of the employer’s regular business.
Assembly Bill 5 (AB 5) passed by a vote of 61-16 in the Assembly. Governor Gavin
Ninth Circuit to Ask California Supreme Court to Decide Retroactivity of ‘ABC’ Test, Withdraws Opinion
Whether California’s recently adopted “ABC” test, used in the employee-versus-independent contractor analysis in cases involving California’s wage orders, must be applied retroactively should be decided by the California Supreme Court, a panel of the U.S. Court of Appeals for the Ninth Circuit has decided, withdrawing its controversial May 2, 2019, opinion. Vazquez v. Jan-Pro Franchising
California First State to Clarify Definition of Race Discrimination to Include Hair Style. Proactive California Employers Should Review Their Policies and Practices
In an important step for California, Governor Gavin Newsom signed SB 188 into law on July 3, 2019. SB 188 or also known as, the CROWN ACT, “Create a Respectful and Open Workplace for Natural Hair,” clarifies the definition of race for the workplace and educational institutions to include, but not limited to, hair texture
Teamsters Challenges Federal Agency Decision on California Break Rules on Interstate Truck Drivers
The International Brotherhood of Teamsters, Local 2785 has filed a petition for review to the Ninth Circuit Court of Appeals on the Federal Motor Carrier Safety Administration’s (FMCSA) determination that California’s meal and rest break rules are preempted as applied to drivers of commercial motor vehicles (CMVs) subject to the FMCSA’s hours-of-service (HOS) regulations. This
California Construction Industry Could Avoid Big Civil Penalties Claims: Union Employers Should Review the New Collective Bargaining Exemption to Potential PAGA Claims
Unionized employers in the construction industry can potentially receive some well-needed relief from California’s Labor Code Private Attorneys General Act of 2004 (Labor Code Section 2698 et seq.), known as “PAGA,” in light of the Governor signing AB 1654. Unionized employers in California must review their collective bargaining agreements and evaluate whether they can take
Cal/OSHA Publishes a Fact Sheet and Poster Regarding California’s Hotel Housekeeping Musculoskeletal Injury Program
Cal/OSHA just published a Fact Sheet and a Poster regarding Cal/OSHA’s new requirement for covered employers to create and maintain a Hotel Housekeeping Musculoskeletal Injury Program (“MIPP”) and also train their housekeepers with respect to the MIPP. We previously discussed California’s new requirement in our blog on June 25, 2018 called, California’s Hotel Housekeeping Standard: