California Employment Legislation

Beginning on March 29, 2021, Senate Bill 95 will place additional requirements on employers to provide supplemental paid sick leave to employees impacted by COVID-19.  The bill, which was approved by the legislature on March 18, 2021, and signed by Governor Gavin Newsom on March 19, 2021, creates California Labor Code Sections 248.2 and 248.3.  SB 95 dramatically expands the number of employees eligible for COVID-19 paid sick leave, expands the reasons an employee may take paid sick leave, and applies retroactively to January 1, 2021, which will require some employers who previously granted employees unpaid leave for COVID-19 related reasons to retroactively compensate those employees.  Therefore, every employer in California should review SB 95 carefully.
Continue Reading California Enacts Expansive, Retroactive Supplemental COVID-19 Paid Sick Leave Law

The end of 2020 was not the end of the California Legislature’s focus on employment-related legislation.  Just two months into the new year, the Legislature has already introduced several bills addressing the workplace that could impact employers who still may be implementing coronavirus-related legislation.  This article discusses two such bills on the horizon that employers will want to follow as they work their way through the Legislature.
Continue Reading California Legislative Update: Employment-Related Bills on the Horizon

Pursuant to Government Code Section 12999, employers of 100 or more employees, and at least one California employee, must report pay and hours worked data by establishment, job category, pay band, sex, race, and ethnicity to the Department of Fair Employment and Housing (DFEH).  The deadline to do so is March 31, 2021 and annually on every March 31 thereafter.  In enacting this legislation, the Legislature noted that hidden bias exists and is encouraging self-assessment of pay disparities along gendered, racial, and ethnic lines to encourage voluntary compliance with equal pay and anti-discrimination laws.
Continue Reading Upcoming Deadline for California Employers to Report Employee Pay and Hours Worked Data to the DFEH

Frontline workers of certain large grocery and pharmacy retailers in Los Angeles County and other municipalities across the state may soon receive an additional $4.00 to $5.00 an hour in “hero pay” or “hazard pay” during the COVID-19 pandemic.
Continue Reading California Municipalities Move Closer to Requiring Hazard Pay for Grocery and Pharmacy Workers

On January 1, 2021, various new and amended employment laws will go into effect in California. Below is a summary of some of these laws that employers should make themselves aware of heading into the new year.  All laws discussed in this post go into effect on January 1, 2021, unless otherwise noted.
Continue Reading New Employment Laws to Look Out for in 2021

Amid a bevy of legislation crossing the Governor’s desk directly relating to the ongoing public health crisis, Governor Newsom approved AB 1947 with little public fanfare, but significant implications for employers.  The new legislation amends the Labor Code in two substantive ways:  (1) it lengthens the period of time in which employees can file complaints with the Division of Labor Standards Enforcement (“DLSE”); and (2) authorizes a court to award reasonable attorney’s fees to a plaintiff who prevails in a “whistleblower” action under Labor Code § 1102.5.  While not expressly considered “coronavirus” legislation, it is clear the coronavirus pandemic influenced the Legislature’s decision to further expand certain rights under California’s workplace antiretaliation laws.
Continue Reading AB 1947’S New Filing Period for DLSE Claims and Attorney’s Fees Provisions: Coronavirus Legislation in Sheep’s Clothing?

**This is an updated version of our September 2, 2020 post.** 

A new California statute will significantly expand current family and medical leave laws, by expanding the obligation to provide job-protected leave to small businesses with as few as five employees, allowing leave to be taken for additional reasons, and eliminating certain exceptions to employer obligations to provide leave.
Continue Reading California Expands Family and Medical Leave Entitlements

On September 17, 2020, Governor Newsom signed Assembly Bill (AB) 685 into law, establishing new requirements for employers to notify employees and their unions about a potential COVID-19 exposure in the workplace.  The new law, which will be in effect from January 1, 2021, until January 1, 2023, also requires employers to report a COVID-19 “outbreak” at the worksite to local health authorities.  Further, AB 685 relaxes the pre-citation requirements that the Division of Occupational Safety and Health (“Cal/OSHA”) must follow before issuing a citation for a serious violation related to COVID-19.  This article breaks down the various requirements of the new law and identifies potential complications or issues that employers should be aware of when attempting to comply with the new requirements.
Continue Reading Enactment of AB 685 Establishes COVID-19 Exposure Notice Requirements for California Employers and Cal/OSHA Enforcement Changes

On September 19, 2020, California’s new law requiring large employers to provide employees with COVID-19 supplemental paid sick leave (“CSPSL”) becomes effective.  The new CSPSL requirement will be codified as Labor Code section 248.1 and was enacted via Assembly Bill (AB) 1867, which Governor Newsom signed into law on September 9, 2020.  In addition to addressing other leave and COVID-19 related items, AB 1867 also codified the existing CSPSL requirements for certain food sector workers under Executive Order N-51-20 as new Labor Code section 248.  In an effort to get employers up to speed on both section 248 and 248.1, the Division of Labor Standards Enforcement (“DLSE”) published its responses to frequently asked questions on the new requirement to provide CSPSL.  This article briefly summarizes the key requirements of the new CSPSL law for non-food sector workers and identifies specific issues that employers in California should attend to as they hastily roll out the leave to employees.
Continue Reading What Employers Need to Know About California’s New COVID-19 Supplemental Paid Sick Leave Law

California is likely to significantly expand its family and medical leave laws, by expanding the obligation to provide job-protected leave to small businesses with as few as five employees, allowing leave to be taken for additional reasons, and eliminating certain exceptions to employer obligations to provide leave.
Continue Reading California to Potentially Expand Family and Medical Leave Entitlements

On April 29, 2020, the City of Los Angeles issued a new ordinance, entitled “COVID-19 Right of Recall,” that requires covered employers in Los Angeles to offer priority hiring for laid off rank and file workers, and to allow those workers 5 business days to accept or deny the offer of employment.  Specifically, covered employers must send written offer letters – via mail, email, and written text message – to laid off workers for positions the person is qualified for that become available after June 14, 2020.  A laid off worker is qualified for a position if he or she held the same or similar position at the same site of employment prior to his or her separation, or can be qualified with the same training offered to a new worker hired into that position.

The ordinance takes effect on June 14, 2020.
Continue Reading Priority Hiring Required for Laid Off Workers of Covered Employers in Los Angeles