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By: Weintraub Tobin

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Ryan Abernethy
Labor And Employment
Meagan Bainbridge
Ramona Carrillo
Lukas Clary
Katie Collins
Meagan D. Bainbridge
Rachel E. Davey
James Kachmar
Shauna N. Correia
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Latest from The Labor & Employment Law Blog

What is PAGA?
California’s labor law enforcement agencies, including the Labor and Workforce Development Agency (“LWDA”) also known as the “Labor Board” has the authority to investigate whether employers violate the California Labor Code, and assess and collect civil penalties for any such violations.  However, due to purported budget cuts and cited lack of state resources to prosecute such actions,…

In 2018, in response to the #MeToo movement, California enacted Senate Bill 820 which added section 1001 to the California Code of Civil Procedure and prohibited employers from including provisions into settlement agreements that prevent the disclosure of factual information relating to claims of sexual assault, sexual harassment, failure to prevent harassment, harassment in a professional relationship, discrimination based on…

Cal/OSHA has quietly made several updates to the FAQs for its COVID-19 Prevention Emergency Temporary Standards (ETS).  The additions shed additional light on, and in some regards revise previous guidance, relating to Isolation and Quarantine, Vaccines, and Exclusion Pay.
Isolation and Quarantine:
California’s Department of Public Health (CDPH) recently updated its guidance on isolation and quarantine and its guidance for…

On September 27, 2021, Governor Newsom signed SB 606, which creates two new categories of Cal/OSHA violations: “enterprise-wide” violations and “egregious” violations. The new law expands Cal/OSHA’s citation authority and could have the effect of greatly increasing the fines employers (especially those large employers with multiple worksites) might be subject to. The new law will go into effect on January…

As many will recall, the California Family Rights Act (“CFRA”) was significantly expanded last year. The CFRA requires most employers grant eligible employees up to 12 weeks of job-protected time off. On September 27, 2021, Governor Newsom signed AB 1033, which provides that leave must now be granted to eligible employees for the purposes of providing care to a parent-in-law…

It’s October, and that means the 2020-2021 California legislative session has officially ended, and Governor Newsom has signed many new bills into law. As always, several of these new laws affect employers across the state. Over the next several days/weeks, our employment group will ensure that employers are informed and ready to implement the new laws as 2022 approaches.
First…

For those in the Sacramento area, you may have seen large “Destiny” signs overhanging State Route 65 north of Interstate 80. A news story last month suggested that this church is the place to go for COVID-19 vaccine exemption letters. Now that President Biden is planning to use the emergency powers of the Occupational Safety and Health Administration to mandate…

On September 15, 2021, California’s efforts against the enforcement of employment arbitration agreements continue as the Ninth Circuit reversed, in part, a district court’s conclusion that California Assembly Bill 51 (AB 51) is preempted by the Federal Arbitration Act (FAA).
AB 51 was signed into law by Gov. Gavin Newsom in October 2019. The controversial law prohibits employers from requiring…

Earlier, President Joe Biden announced vaccination requirements for the federal government workers but allowed them to “opt out” if they agreed to more stringent mitigation measures. He also implored private sector employers to encourage vaccination, and many employers began implementing mandatory vaccination plans or incentivizing employees to get vaccinated.
On September 9, 2021, President Biden announced a more aggressive “…