On October 10, 2023, Governor Newsom signed Senate Bill (SB) 723, which moves the expiration the right of recall rights for employees in the hospitality and service industry from December 31, 2024, to December 31, 2025. The bill adds a presumption that a separation due to a lack of business, reduction in force, or
COVID-19
California Supreme Court Rules Against COVID-19 Take-Home Exposure Liability for Employers
The California Supreme Court in Kuciemba v. Victory Woodworks, Inc was asked to rule on two questions by the 9th Circuit:
- If an employee contracts COVID-19 at the workplace and brings the virus home to a spouse, causing injury, does the California Workers’ Compensation Act (WCA) bar the spouse’s negligence claim against the employer?
CDPH Updates Definition of COVID-19 Outbreak
While the California COVID-19 State of Emergency was lifted several months ago, one holdover of the COVID-19 pandemic is the Cal/OSHA COVID-19 Prevention Non-Emergency Regulations (NER), which remain in effect until February 2025.
Under the NER, employers have various obligations to ensure employees are protected in the workplace. Under these regulations, employers have additional…
California State Grant Program for COVID-19 Supplemental Paid Sick Leave
The COVID-19 State of Emergency may be over but many employers are still feeling the economic effects of the pandemic. In 2022, when COVID-19 Supplemental Paid Sick Leave (SPSL) was extended for the final time, the legislation also provided for a grant program for certain businesses to offset the costs of providing SPSL.
The…
No Religious Accommodation Required from Vaccine Mandate at Fictional Hospital
Soap Operas are known for drama. Nothing has caused more drama in the last two years than vaccine mandates. Last week, a California court determined that a plaintiff’s request for religious accommodation at General Hospital could not be accommodated. The court concluded defendant had advanced sufficient evidence that unvaccinated employees threatened the health and safety…
CDPH to End COVID-19 Vaccination and Masking Mandates for Healthcare Workers
The COVID-19 State of Emergency for California ended on February 28, 2023. In its wake, the California Department of Public Health (CDPH) has announced impending updates to its remaining COVID-19 mandates, including those applicable to healthcare workers.
On March 3, 2023, the CDPH announced it would end vaccination requirements for healthcare workers, including those in…
What Does the End of the COVID-19 State of Emergency Mean for California Employers?
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…
Cal/OSHA COVID-19 Prevention Non-Emergency Regulations Have Taken Effect as of February 3, 2023
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.
February 1st Deadline to Post the Annual Summary of Work-Related Injuries and Illnesses is Coming Up!
California employers are required to post their annual summary of work-related injuries and illnesses, in a visible and easily accessible area at every worksite from February 1st through April 30th. Cal/OSHA’s Form 300A must be used for this posting.
Employers can find an overview regarding completing both the log (Form 300…
A Reminder of Changes to California Workplace Law from 2022
As we wrap 2022, here a review of some of the changes to California employment law that will continue to affect employers in 2023.
Legislative Changes
New Year, New Minimum Wages for California
California Tightens Rules on Vehicle Tracking, Fleet Management
Cal/OSHA Mandated to Update Heat Illness and Wildfire Smoke Standard