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.

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 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,…
For now, California employers are beholden to state and local COVID-19 requirements as well as Cal/OSHA’s infamous COVID-19 Emergency Temporary Standards (ETS). The ETS are set to expire on January 14, 2022. However, Cal/OSHA has recently released a draft of a semi-permanent standard for COVID-19. The current proposal would create a COVID-19 standard that would be subject to renewal or expiration after two years. Here are the key differences between the proposed standard and the current ETS. COVID-19 Included in IIPP Instead of requiring a separate COVID-19 Prevention Program, employers would address COVID-19 through their Injury and Illness Prevention…
Employers may understand the workplace safety concerns surrounding wildfires, but there are other employment issues that employers should consider in the event of a wildfire near the worksite. The California Labor Commissioner’s Office has FAQs pertaining to important employment issues that employers should consider when their employees or worksite are impacted by wildfires. Regular Rate of Compensation A major consideration is handling compensation to employees impacted by wildfires.  If the wildfire causes a work stoppage at the worksite, employees may be entitled to compensation if they are required to wait on-premises or at the worksite for work to resume.…
After the announcement of President Biden’s COVID-19 Action Plan, employers across the country, including California started to consider how to implement vaccination and testing requirements, even ahead of clear guidance from the federal government. California already has its own Emergency Temporary Standards (ETS) which were amended in June by Cal/OSHA. However, currently, the California ETS does not mandate vaccination and the Cal/OSHA Standards Board has indicated it does not plan to amend the ETS further until at least December. California’s administrative agencies have issued some guidance regarding the handling of both testing and vaccination in the workplace. Earlier in…
While California’s Private Attorneys General Act (PAGA) is often compared to class actions, many of the rules and regulations governing class actions are not present. And applying considerations like manageability to PAGA claims has caused California trial courts much consternation. However, recently the California Court of Appeal for the Second Appellate District has provided some guidance. It recently decided on the issue of whether the trial courts have inherent authority to ensure that PAGA claims will be manageable at trial and whether courts have the authority to strike such claims if they are not. The underlying case dealt with whether…
On August 31, 2021, Governor Newsom signed Senate Bill 26 (SB 26) which makes the provisions of the Fair Pay to Play Act (The Act) operative September 1, 2021, and makes the provisions applicable to the California Community Colleges. The Act, which was passed in 2019, allows college athletes to secure endorsements and sponsorships without losing scholarship eligibility and will generally provide athletes control over the marketing of their names, images, and likenesses. The Act was originally set to become effective on January 1, 2023. However, SB 26 was first introduced to expedite the effective date to January 1, 2022,…
Historically, California has experienced the most destructive wildfires in the months of September and October.  As we head into those months, employers should make sure they are familiar with California’s wildfire smoke standard.  Harmful air quality from wildfire smoke can occur anywhere in the state on short notice, so it is vital that employers prepare early. With some exceptions, the standard applies to workplaces where the air quality index is 151 (Unhealthy) or higher and where it’s reasonably anticipated that employees may be exposed to wildfire smoke.  In addition to applying to outdoor settings, the standard also applies to…
In June, with much fanfare, California announced it was reopening and lifting many of the COVID-19 restrictions that had been in place through state executive and health department orders. However, as there have been surges of COVID-19 across the state, many state and local orders requiring COVID-19 controls have changed in response. Mask mandates and vaccination requirements for certain workers, in particular, have been on the rise. Employers should carefully review new state and local guidance as well as their procedures to account for the new developments. Mask Requirements California Department of Industrial Relations Division of Occupational Safety and Health,…