State Employment Law Articles

California - General

Articles Discussing General Workplace Issues in California.

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California Governor Signs New 80-Hour COVID-19 Supplemental Paid Sick Leave Law

Ogletree Deakins·

Beginning March 29, 2021, California employers with more than 25 employees nationally will have to pay their California employees with up to 80 hours of COVID-19–related paid leave. On March 19, 2021, Governor Gavin Newsom signed Senate Bill (SB) 95, which creates new California Labor Code Sections

California Legislature Sends New COVID-19 Supplemental Paid Sick Leave Bill to Governor for Signature

Ogletree Deakins·

Within days, California employers may have to provide employees with even more COVID-19–related paid leave. On March 18, 2021, the California Legislature passed Senate Bill 95, which creates new Labor Code Section 248.2 and Labor Code Section 248.3. These new Labor Code sections provide covered empl

Increasingly Complex Local Employment Regulations in California Require Ongoing Monitoring

CDF Labor Law LLP·

By: Increasingly Complex Local Employment Regulations in California Require Ongoing Monitoring In addition to California’s expansive statewide employment laws, employers must also stay up-to-date on a quickly growing body of local employment regulations. We’ve covered specific local regulations on t

California’s AB 1175: Advance Notice of Cal/OSHA Inspection of Worksites?

Ogletree Deakins·

During the global COVID-19 pandemic, California Division of Occupational Safety and Health (Cal/OSHA) inspections have required greater coordination of personal protective equipment (PPE), remote witness interviews, social distancing at facilities, and visitor screenings. Wouldn’t it be more efficie

California Discrimination Agency Updates FAQs to Include Vaccinations

Ogletree Deakins·

On March 4, 2021, the California Department of Fair Employment and Housing (DFEH) updated its “DFEH Employment Information on COVID-19” to include answers to some of the frequently asked questions (FAQs) about vaccinations.

West Hollywood Includes Drug and Other Retail Workers in New Hero Pay Ordinance

Ogletree Deakins·

On March 15, 2021, the City Council of West Hollywood added new categories of workers to its existing hero pay mandate of $5.00 per hour worked for large-chain grocery store employees. The new ordinance goes into effect on April 16, 2021, and expires on August 16, 2021.

Santa Ana Enacts Premium Pay Ordinance for Large-Chain Grocery Store and Retail Pharmacy Workers

Ogletree Deakins·

On March 2, 2021, the City Council of Santa Ana, California, passed an urgency ordinance establishing premium pay for grocery and retail pharmacy workers during the COVID-19 pandemic. Santa Ana is the county seat of Orange County, located southeast of Los Angeles.

Pomona, California Enacts COVID-19 ‘Hero Pay’ Ordinance for Front-Line Retail Employees

Ogletree Deakins·

On March 1, 2021, the City Council of Pomona, California, passed an ordinance that establishes premium pay for retail food workers during the COVID-19 pandemic. Pomona is an incorporated city located in Los Angeles County and is not subject to the county’s hero pay ordinance.

DFEH Releases Updated Guidance Related to Mandatory COVID-19 Vaccination Policies

Shaw Law Group, PC·

On March 4, 2021, the Department of Fair Employment and Housing released updated COVID-19 guidance for employers. For the first time, the guidance addresses mandatory COVID-19 vaccinations. (Yes, finally!)

PAY DATA REPORTING DEADLINE LOOMS

Shaw Law Group, PC·

Pursuant to a new law effective January 1, 2021, California employers must submit pay data reports to the California Department of Fair Employment and Housing (DFEH) by March 31, 2021.

California District Court Refuses to Enjoin Hazard Pay Ordinance

Littler·

A growing number of cities in California, including Oakland, Long Beach, Montebello, West Hollywood and San Leandro, have recently enacted ordinances requiring large grocery and/or drug stores to pay specified workers premium pay for the heightened risk of exposure to and infection by the novel coro

Default PAGA Penalties Not Recoverable Against Public Entity Employers

CDF Labor Law LLP·

By: Default PAGA Penalties Not Recoverable Against Public Entity Employers In Sargent v. Board of Trustees of California State University, 2021 WL 836135 (March 5, 2021), the First Appellate District Court of Appeal ruled that while public entity employers were not entirely exempt from liability for

CDF Webinar: Developments, Updates and Predictions on Trade Secret and Non-Compete Laws for 2021

CDF Labor Law LLP·

As enforcement of non-compete agreements and non-solicitation provisions have become more challenging in California, trade secret protection becomes more important to protect your company’s assets. In addition, due to the pandemic and the popularity of remote work, it is even more important today fo

California DFEH Ramps Up Enforcement of FEHA’s Protections Against Criminal Record Discrimination

Littler·

Employers with operations in California should be vigilant about compliance with the protections against criminal record discrimination in the California Fair Employment and Housing Act (FEHA). The FEHA prohibits employers from inquiring into and using specific criminal record information. The FEHA

Long Beach ‘Hero Pay’ Ordinance Survives Preliminary Injunction

Ogletree Deakins·

On February 25, 2021, the U.S. District Court for the Central District of California denied a motion for preliminary injunction brought by the California Grocers Association (CGA) against the City of Long Beach. In California Grocers Association v. City of Long Beach , CGA asked the court to stop th

California Supreme Court Issues Significant Meal Period Decision

Ogletree Deakins·

Taking a meal break in California is no simple affair. Culminating seven years of litigation involving one California employer, on February 25, 2021, the Supreme Court of California issued its unanimous opinion in Donohue v. AMN Services, LLC , resolving two questions regarding California meal perio

California Supreme Court Demands Strict Meal Period Compliance and Prohibits Rounding for Meal Periods

Littler·

On Thursday, February 25, 2021, the California Supreme Court issued a long-awaited ruling addressing legal standards for meal period violations in Donohue v.

CA Appellate Court Invites PAGA Plaintiffs to Go Forum Shopping

CDF Labor Law LLP·

By: CA Appellate Court Invites PAGA Plaintiffs to Go Forum Shopping Last week, California’s First District Court of Appeal issued an opinion that could concentrate PAGA litigation in venues hand-selected by plaintiffs’ attorneys, without regard to where the representative plaintiff actually worked.

California Employers Can Seek One-Month Extension for Reporting 2020 Pay Data, State Agency Says

Ogletree Deakins·

On February 3, 2021, the California Department of Fair Employment and Housing (DFEH) updated its frequently asked questions (FAQs) to make clear that employers can seek an extension for reporting year 2020—known as a request for an “enforcement deferral period”—as to its newly enacted pay data repor

San Leandro, California Enacts ‘Hazard Pay’ Ordinance for Large-Chain Retail Food Workers, Including Retail Drug Stores

Ogletree Deakins·

On February 16, 2021, the City Council of San Leandro, California, passed an ordinance titled “Retail Food Worker Hazard Pay Ordinance,” which establishes premium pay for retail food workers during the COVID-19 pandemic. San Leandro is an incorporated city located in Alameda County in the San Franci