On December 16, 2021, Cal/OSHA’s Standards Board voted to revise its COVID-19 Emergency Temporary Standards (ETS) for the second time. The 2nd Revised ETS will go into effect January 14, 2022. More information is available in Cal/OSHA’s “What ...
[Read more] about New Year Brings New Changes to Cal/OSHA COVID Regulations
Personnel Policies
Federal Court of Appeals Upholds Portions of California Law Prohibiting Mandatory Arbitration Agreements in Employment
On September 15, 2021, the Ninth Circuit Court of Appeals issued a ruling regarding AB 51, the California law prohibiting employers from requiring employees or applicants to execute arbitration agreements waiving their right to sue under state ...
[Read more] about Federal Court of Appeals Upholds Portions of California Law Prohibiting Mandatory Arbitration Agreements in Employment
Monitoring Employee Communications
Monitoring employee communications, especially instant messaging communications, is important to mitigate litigation risk. California’s discovery rules are broad, and allow discovery of any matter, not privileged, that is relevant to the subject ...
[Read more] about Monitoring Employee Communications
Employer Victory on Favorable Method for OT Calculations
A California Court of Appeal recently rebuffed a long-held Division of Labor Standards Enforcement (DLSE) enforcement position on how overtime must be calculated for dual-rate employees, opening the door for use of the “rate-in-effect” method ...
[Read more] about Employer Victory on Favorable Method for OT Calculations
California Employers Permitted to Drop Mask Mandate for Vaccinated Workers
Changes to Emergency Temporary Standards to Take Effect Immediately
On June 17, 2021, the Occupational Safety and Health Standards Board held a special meeting to adopt yet further revisions to the existing Emergency Temporary Standards first ...
[Read more] about California Employers Permitted to Drop Mask Mandate for Vaccinated Workers
Employers Must Provide Notice of Free COBRA Coverage
The American Rescue Plan Act (ARPA) enacted in March 2021 provides up to 100% COBRA coverage for all individuals who have qualifying events, such as layoffs, during the pandemic. The government subsidy will reimburse the employer through tax credits ...
[Read more] about Employers Must Provide Notice of Free COBRA Coverage
California Mandates “Right to Recall” for Hospitality Employees
The Governor signed a bill on Friday, April 16, 2021, requiring certain employers who laid off workers during the pandemic to offer those workers available positions when jobs become available. Senate Bill 93 takes effect immediately and applies to ...
[Read more] about California Mandates “Right to Recall” for Hospitality Employees
New COVID Sick Leave Mandate Requires California Employers to Provide an Additional 80 Hours of Supplemental Paid Sick Leave
Introduced, passed by both houses, and signed by Governor Newsom all in the same week, SB 95 provides a new 80 hours of supplemental paid sick leave for COVID-related purposes to virtually all California employees who work for employers with 25 or ...
[Read more] about New COVID Sick Leave Mandate Requires California Employers to Provide an Additional 80 Hours of Supplemental Paid Sick Leave
