Jackson Lewis P.C.

Focused on labor and employment law since 1958, Jackson Lewis P.C.’s 950+ attorneys located in major cities nationwide consistently identify and respond to new ways workplace law intersects business. We help employers develop proactive strategies, strong policies and business-oriented solutions to cultivate high-functioning workforces that are engaged, stable and diverse, and share our clients' goals to emphasize inclusivity and respect for the contribution of every employee.

At the start of their January 20th meeting, the Cal/OSHA Standards Board announced they would not consider the proposal to adopt the federal ETS, also known as a Horcher proposal.  This comes shortly after the U.S. Supreme Court upheld a stay on the federal Emergency Temporary Standard.
If this feels like déjà vu, you are not alone.  The Cal/OSHA

The California Court of Appeal, in Cirrincione v. American Scissor Lift, Inc. recently upheld a trial court order denying class certification in a wage and hour class action. Since class certification is so often granted, this decision warrants further attention.
The underlying case involved an employee bringing multiple wage and hour claims, including allegations that the employer engaged in unlawful

In September 2021, California’s Governor signed Senate Bill (SB) 62 which expands the definition of the garment manufacturing industry for purposes of wage claim enforcement to include brand guarantors.  A brand guarantor is a person who contracts for the performance of garment manufacturing.  Brand guarantors include persons who license a brand or name for garment manufacturing.
SB 62 also prohibits

At the end of the year, California’s Department of Public Health (CDPH) issued updated guidance regarding Isolation and Quarantine, which applied to workplaces per the Governor’s prior Executive Order. The timing of this guidance was rather awkward, as the Cal/OSHA Standards Board had recently approved changes to the Cal/OSHA ETS set to go into effect on January 14, 2022.

The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2022.
Employers with employees located in California are generally required to withhold and send state disability contributions to the EDD. The 2022 rates are as follows:
“Employee Contribution Rate”
“Taxable Wage Ceiling” (per employee per year)
“Maximum Contribution” (per employee

In mid-December, as COVID-19 cases began to rise, the California Department of Public Health (CDPH) reinstituted indoor masking requirements and Cal/OSHA confirmed that requirements applied in the workplace. When issued, the mandate was only supposed to remain in effect until January 15, 2022.
However, with COVID-19 cases still on an uptick, the CDPH has extended the requirement for universal

On December 16, 2021, the Cal/OSHA Standards Board adopted the third version of the Cal/OSHA ETS with new exclusion and return to work requirements for COVID-19 cases and close contacts.
On December 30, 2021, the California Department of Public Health (CDPH) issued new guidance for Isolation and Quarantine for the General Public. This new guidance contradicted some of the

In September 2021, Governor Newsom signed Assembly Bill (AB) 701, which regulates the use of quotas at warehouse distribution centers in California.
AB 701 requires employers with large warehouse distribution centers to disclose quotas and pace-of-work standards to each employee upon hire or within 30 days of the law going into effect.
AB 701 went into effect January 1,

After many delays, employers nationwide just filed their 2020 EEO-1 reports in November.  But it’s already time for California employers to begin preparing their annual pay data submission to the Department of Fair Employment and Housing (DFEH).
The Background
In 2020, California Governor Gavin Newsom signed into law Senate Bill (SB) 973, which creates massive pay reporting requirements

As 2021 draws to a close, here is a review of our articles about changes to California employment law that will continue to affect employers into 2022.
Legislative Changes
Statewide Right of Recall Bill Signed by Governor Newsom
New Legislation Signed Regarding Wage Theft
Expansion for CFRA Leave to Include Parents-in-Law and Modifications to DFEH Mediation Program
Changes to Wage