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Allison Cheffer is an associate in the Labor and Employment Practice Group in the firm's Los Angeles office.

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

In Alfredo Sanchez v. Miguel Martinez, the Court of Appeal, Third Appellate District, held that although an employee who is not authorized and permitted to take a paid 10-minute rest break in compliance with California law may assert a claim for either unpaid wages or seek one additional hour of pay (i.e., a rest break premium) under Labor Code Section 226.7, the employee cannot recover damages under both theories.  All California employers will find this case instructive, as it may also provide a basis to argue against similar “double recovery” and/or “stacking” of penalties predicated on other Labor Code violations.

Continue Reading Employees Cannot Obtain “Double Recovery” of Unpaid Wages and Premiums for Non-Compliant Rest Breaks

Sheppard Mullin is committed to providing employers with updated information regarding the Coronavirus/COVID-19 and its impact on the workplace.  In light of the World Health Organization’s (WHO) declaration this week that COVID-19 qualifies as a pandemic, it is more important than ever for employers to prepare and understand the various laws at issue.  The Equal Employment Opportunity Commission (EEOC) issued Guidelines in 2009 (“2009 Guidelines”) that were designed to help employers deal with H1N1.  These Guidelines address how employers can deal with the realities of a pandemic while complying with the requirements of the Americans with Disabilities Act (ADA).  Significantly, the EEOC recently indicated that its 2009 Guidelines remain relevant today in connection with the current pandemic.
Continue Reading Employers Must Consider the ADA and Other Disability Laws When Confronted With a Pandemic

As the number of confirmed positive cases of Coronavirus Disease 2019 (“COVID-19” or “coronavirus”) in the U.S. continues to rise, employers must prepare for issues that will inevitably arise as the virus spreads.  While the Center for Disease Control (“CDC”) currently advises that “most people in the United States will have little immediate risk of exposure,” it is prudent for employers to evaluate their organizations’ current policies and practices in the event a major outbreak occurs.  Some issues to consider include the following:
Continue Reading What Employers Need To Know To Prepare For Coronavirus