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Snell & Wilmer’s Labor and Employment Law Blog provides breaking news and updates on legal issues facing employers.Topics
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SCOTUS Issues Employers Relief in PAGA Actions
Since 2004, the Private Attorneys General Act (“PAGA”) has been a thorn in the side of employers in the State of California. Indeed, there are approximately 17 PAGA actions filed every day in the state. A PAGA claim allows a … Continue reading
New Employee Safety Bill May Increase Litigation in California
The California Senate recently pass a bill which, if enacted, would permit employees in California to refuse to report to work when they feel “unsafe.” The bill purports to apply during major natural disasters and states of extreme peril, but … Continue reading
Posted in Uncategorized
| Tagged California, Emergency Condition, Health and Safety, Litigation, Major Natural Disasters, Unsafe
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What’s New This Week In California COVID law?
California employers have certainly had to be on their toes these last two years when it comes to dealing with COVID in the workplace. This week was no different. The Labor Commissioner just released the mandatory poster regarding the 2022 … Continue reading
Posted in Uncategorized
| Tagged California, COVID Supplemental Paid Sick Leave, Labor Commissioner, Mask Mandate, Masks
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California’s New COVID-19 Supplemental Paid Sick Leave—Senate Bill No. 95
On March 19, 2021, Governor Newsom signed Senate Bill No. 95 which requires covered employers to provide a new bank of supplemental paid sick leave for certain COVID-19-related reasons. This bill goes into effect 10 days from enactment, on March 29, 2021, … Continue reading
Posted in California, Sick Leave
| Tagged California, Families First Coronavirus Response Act, FFCRA, Paid Sick Leave
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California Employers with 100+ Employees Should be Aware of Fast Approaching Pay Data Report Deadline
Employers with 100 or more employees nationally and at least one employee in California are required to submit a pay data report to the Department of Fair Employment and Housing no later than March 31, 2021. Similar to the Federal … Continue reading
California Supreme Court Rules That Dynamex ABC Test Applies Retroactively
On January 14, 2021, the California Supreme Court ruled in Vazquez et al. v. Jan-Pro Franchising International, Case no. S258191, that the Dynamex ABC Test, which makes it harder for companies to classify workers as independent contractors, applies retroactively, thus … Continue reading
Posted in California, Independent Contractor
| Tagged California, Independent Contractor, Wages
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Can Companies Use the Outside Sales Exemption During a Pandemic?
COVID-19 has altered the way nearly every employee performs their work. Videoconferencing and phone calls have largely replaced in-person visits and face-to-face meetings in many workplaces. By extension, many sales employees who used to visit customers in person now do … Continue reading
Posted in California, DOL, FLSA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, DOL, Fair Labor Standards Act, Outside Sales Exemption
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Cal-OSHA Emergency COVID-19 Regulation
On Thursday, November 19, 2020, the California Occupational Safety and Health Standards Board unanimously passed an emergency Cal-OSHA regulation. The final draft was sent to the Office of Administrative Law (“OAL”) on November 20, 2020. OAL will have 10 days … Continue reading
Posted in California, OSHA, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, OSHA
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California Mandates COVID-19 Supplemental Paid Sick Leave for Employers Not Covered by the FFCRA
Large employers in California must now comply with a California version of the federal Families First COVID Response Act (“FFCRA”). On September 10, 2020, the California legislature passed Assembly Bill No. 1867 requiring employers with 500 or more employees and … Continue reading
Posted in California, Sick Leave, Snell & Wilmer
| Tagged California, Coronavirus, COVID-19, Paid Sick Leave
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Updated FMLA Forms Released by the DOL for Employers’ Use
The Department of Labor recently released updated FMLA forms that employers can use to notify employees about their FMLA rights and confirm an employee’s leave is for an FMLA qualifying purpose. The updated forms include: (1) a General Notice of … Continue reading