Employment & Labor

A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers.  AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state and purports to address warehouse safety concerns by imposing the following: Requires employers to provide a written description of each quota to which an employee is subject and any potential adverse employment action that could result from failure to meet the quota; Prohibits employers from requiring that workers meet a quota that prevents…
The Private Attorney General Act (PAGA) is crazy making for California employers. In plain English, PAGA allows a Court to award a penalty for each pay period that includes a wage-and-hour violation.  It does not include the damages for the underlying violation, just the discretionary penalty, which starts at $100 per employee per pay period, and increases to $200, and even $250 (or in extreme cases of knowing violations, $1000). How does this craziness work you ask?  Let’s say an employee took a late meal break, but the system didn’t generate a meal premium (or the manager incorrectly removed it). …
A new California law, effective January 1, 2022, closely regulates productivity quotas for warehouse distribution centers.  AB 701 applies to employers of 100 or more employees at a single warehouse distribution center or 1,000 or more employees at one or more warehouse distribution centers in the state and purports to address warehouse safety concerns by imposing the following: Requires employers to provide a written description of each quota to which an employee is subject and any potential adverse employment action that could result from failure to meet the quota; Prohibits employers from requiring that workers meet a quota that prevents…
A flurry of employment law-related bills are headed to Governor Newsom for consideration, however, no bills are being presented related to statewide supplemental paid sick leave. In March 2021, California resurrected and expanded statewide COVID-19 supplemental paid sick leave.  The legislation sunsets on September 30, 2021, and there is no legislation pending to extend it. While the leave entitlement could be extended by the Governor by an Executive Order, there has been no indication from the Governor’s office that an order is planned. Pursuant to the terms of the legislation, after September 30th, the requirement to provide supplemental paid…
On  September 23, 2021, California’s Governor signed Senate Bill 807 (SB 807), which makes procedural modifications to how the Department of Fair Employment and Housing (DFEH) enforces California’s civil rights laws. The changes include modifying when and how the DFEH can appeal adverse superior court decisions regarding the scope of the DFEH’s power to compel cooperation in investigations and tolling the time the DFEH has to file a civil action while dispute resolution is pending. Of note to California employers, SB 807 also expands current record retention requirements.  Effective January 1, 2022, employers must now retain personnel records for applicants…
On September 9, 2021, President Biden released an executive order requiring all federal employees to get the Coronavirus vaccination, without the ability to opt-out by getting regularly tested. Federal employees now have until November 22 to get fully vaccinated and be in compliance with the new mandate or face discipline, possibility including termination. In addition to this order, President Biden released yet another order that applies the same guidelines for vaccination for those who contract to do business with the federal government.  President Biden also has proposed new plans requiring private employers with 100 or more employees to require their…
A recent ResumeBuilder survey found that 32% of Americans admit to lying on their resume.  In the current highly active labor market, with 65% of employees searching for a new job according to the PwC US Pulse Survey, employers should carefully review incoming resumes. Interestingly, the ResumeBuilder survey found: 1) resume lies are most frequent among higher earners and 2) the most common lies surround years of experience and education.  Other key survey findings include: 80% of workers who lied were hired by the employer to which they lied, but almost half had the job offer rescinded after the…
Seyfarth Synopsis: Governor Gavin Newsom has approved AB 701, which will impose notice and other requirements on employers of employees subject to quotas in large California warehouse distribution centers, and has vetoed AB 616, an agricultural worker card check bill. Acting on the first two major employment-related bills of interest to private employers, Governor Newsom on September 22, 2021 approved AB 701 (AM Lorena Gonzalez, D-San Diego) and vetoed AB 616 (AM Mark Stone, D-Scotts Valley). The Governor’s signing announcement states that AB 701 (effective January 1, 2022) “establishes new, nation-leading transparency measures for companies to disclose production quota descriptions…
When working with employees with disabilities, employers need to keep track of various laws that govern whether the employee may be entitled to leaves, accommodation, or even a disability retirement.  What makes matters more complicated is that the definition of disability is not the same under each law.  So, while a medical condition may meet the legal definition of a disability under one of the laws, it may not under another.  We will explore the various ways that “disability” has been defined in federal and California law. FMLA/CFRA Under the federal Family and Medical Leave Act and the California Family…
On September 22, 2021, California’s Governor signed Assembly Bill 701 (AB 701) which regulates the use of quotas at warehouse distribution centers in California.  The new law applies to large employers who meet industry definitions for General Warehousing and Storage, Merchant Wholesalers (Durable and Non-Durable Goods), and Electronic Shopping and Mail-Order Houses. AB 701 requires employers with large warehouse distributions centers to disclose quotas and pace-of-work standards to each employee upon hire or within 30 days of the law going into effect.  Employers are required to provide “a written description of each quota to which the employee is subject to,…