Employment & Labor

As the federal government and state of California adjusted their COVID-19 guidance for vaccinated individuals, Cal OSHA remained silent on how vaccination affected the requirements under its COVID-19 Emergency Temporary Standard (ETS). While there had been discussions of revisions to the ETS, it was unclear if Cal OSHA would be able to release such revisions prior to the targeted reopening of California by June 15, 2021. Last week Cal OSHA updated its guidance on how the ETS mandatory exclusion requirements should be applied to fully vaccinated individuals. Under the guidance, employees who are not fully vaccinated must be excluded…
“America is on the move again… After 100 days of rescue and renewal, America is ready for a takeoff.” – President Joe Biden President Joe Biden delivered his first address to Congress and laid out what he called a “blue-collar blueprint to build America.” The 46th president addressed his stimulus and COVID relief plan as well as the country’s vaccination efforts, but he also focused on his $2 trillion plan for improving the nation’s infrastructure and shifting to greener energy. According to White House officials, the massive infrastructure plan will not only repair and rebuild many of the nation’s failing…
Recently, the Biden administration announced plans for a federal paid family leave program – something that has been available to California employees for over a decade. California’s Paid Family Leave (“PFL”) program, which is administered by the California Employment Development Department (“EDD”), provides eligible employees with up to 8 weeks of wage replacement benefits when an employee is off work for certain qualifying reasons. PFL Benefits The PFL program provides wage replacement benefits to eligible workers who take time off work to: Care for a seriously ill child, parent, parent-in-law, grandparent, grandchild, sibling, spouse, or registered domestic partner. Bond with…
EFFECTIVE MARCH 29, 2021 Employees who work for Employers with more than 25 employees are entitled to up to 80 hours of Paid Sick Leave (PSL).The Employee can make the request for PSL orally or in writing.This leave is retroactive to January 1, 2021 and will run through September 30, 2021.If an Employee took leave for COVID-related reasons prior to March 29, 2021, the employee should make an oral or written request to his or her employer for payment for up to 80 hours of work missed due to COVID-19.Criteria to Qualify for the PSL: If an employee is unable…
The California Privacy Protection Act (CPRA) amended the California Consumer Privacy Act (CCPA) and has an operative date of January 1, 2023. The CPRA introduces new compliance obligations including a requirement that businesses conduct risk assessments. While many U.S. companies currently conduct risk assessments for compliance with state “reasonable safeguards” statutes (e.g., FloridaTexasIllinoisMassachusettsNew York) or the HIPAA Security Rule, the CPRA risk assessment has a different focus. This risk assessment requirement is similar to the EU General Data Protection’s (GDPR) data protection impact assessment (DPIA). Read the full article at Jackson
Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5, a law about classification of independent contractors, against interstate motor carriers (see our prior piece here). Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the district court, and held that the Federal Aviation Administration Authorization Act of 1994 (“FAAAA”) does not preempt AB 5. The panel’s decision could be subject to a rehearing en banc by the full Ninth Circuit, and eventually the U.S. Supreme Court will likely be asked to address the circuit…
This week has been full of back to work buzz. Can we return to work? What about planning a team happy hour? Questions abound, yet answers require sorting through a myriad of state and county guidance documents. The guidance changes frequently, sometimes without notice or fanfare. Much depends on the County regulations in effect at the time of the event/meeting/office reopening. Indeed, Los Angeles County released new “Orange Tier” guidelines effective April 30th (yes, today!).  Because 41 of 58 counties are now designated in the Orange Tier, we will focus on those current guidelines. Here are some of our top…
It’s a holiday we don’t hear much about, but it’s an important reminder of the hardships American and international workers experienced generations before us. May 1st, also known as International Workers’ Day, dates back to the late 19th Century and commemorates the struggle for the eight-hour work day. For years, the US working class worked up to 16 hours a day in arguably unsafe conditions. In 1884, the Federation of Organized Trades and Labour Unions of the United States and Canada decided that May 1, 1886, would start a nationwide movement for the eight-hour workday. This came as no surprise,…