California Developments

Since the outset of the COVID-19 pandemic, the employment law landscape has continued to change at a rapid pace.  This includes recent changes to federal, state, and local leave requirements for COVID-19 related sick leave.
Continue Reading While Federal and California State COVID-19 Sick Leave Has Expired, Some California Localities Continue To Maintain Local COVID-19 Sick Leave Requirements

With little forewarning to the regulated community, the California Division of Occupational Safety and Health passed a sweeping new standard requiring employers in the state to implement prescribed COVID-19 protections. Now, employers’ groups are fighting back.
Continue Reading Employers’ Groups Bring Fight Against Cal/OSHA COVID-19 ETS to Court

The California Occupational Safety and Health Standards Board voted on November 19 to implement a stringent new standard for employers to follow when implementing COVID-19 protections in the state.  The state’s rulemaking agency for workplace safety voted unanimously to pass the “Emergency COVID-19 Prevention Regulations,” which is expected to go into effect within 10 days (assuming the State’s Office of Administrative Law adopts Cal/OSHA’s regulation).
Continue Reading Cal/OSHA Votes to Implement Strict COVID-19 Workplace Protections for California Workers

Imagine this: you are an employer in California, and you recently hired a new employee.  You ran your own background check, which did not turn up any criminal convictions.  However, the employee’s job duties include submitting online applications to a government agency, which requires the employee to complete a Live Scan background check with the Department of Justice.  The Live Scan reveals that the employee has a past criminal conviction that will prevent her from submitting the applications.  You terminate the employee, and she tells you the conviction was judicially dismissed.  What do you do?
Continue Reading Dismissed Criminal Convictions in California

In response to the ongoing spread of COVID-19 in California, Governor Gavin Newsom signed AB 685.  In short, AB 685 imposes uniform notice requirements on California employers dealing with a potential COVID-19 exposure or outbreak, requires employers to maintain records of COVID-19 notices, and empowers the Division of Occupational Health and Safety to close down worksites where the risk of exposure to COVID-19 constitutes an imminent hazard to employees.
Continue Reading California’s New COVID-19 Notice And Record-Keeping Requirements

A bill recently signed into law in California will require private employers to submit annual “pay data reports” to the Department of Fair Employment and Housing beginning in March 2021. The California law implements a previously announced program rolled back by the Trump administration to expand federal reporting requirements to include employee pay data by race, gender, and ethnicity.
Continue Reading New CA Law Requires Employers to Submit Annual Pay Data Reports

Beginning in January, an expanded California leave law will require employers with as few as five employees to provide up to 12 weeks of unpaid medical and family leave each year.  For larger employers also covered by the FMLA, the California leave may be in addition to the 12 weeks of leave that employers already must provide under federal law, for a potential total of up to six-months of leave.
Continue Reading California Expands Family and Medical Leave Law