California Employment Law

Commentary on Issues Facing California Employers

July 17, 2021

Background The California Supreme Court just made it even more difficult to do business in California. Overturning the ruling of two lower courts, on July 15, 2021, the Court held in Ferra v. Loews Hollywood Hotel, LLC that meal and rest premiums must be paid at the “regular rate” not the base hourly rate. The Court’s opinion can be found here. The central legal question was whether the California Legislature intended that the “regular…

California Employment Law

When & How Much to Pay for Work-From-Home Expenses in a Post Pandemic World

By Nancy Yaffe

July 14, 2021

During the pandemic when workplaces were closed and employees had to work from home due to Covid-19 restrictions, employers were required to either provide the equipment needed to work from home (such as internet access and a computer/phone), or to reimburse employees for those costs. Case law interpreting Cal. Labor Code Section 2802 holds that employers cannot benefit from employees’ use of their own equipment, even if it doesn’t cost the employee extra to use…

California Employment Law

San Francisco Minimum Wage Goes Up to $16.32 on July 1, 2021

By Jeffrey D. Polsky

June 30, 2021

Effective July 1, 2021, San Francisco’s minimum wage increases to $16.32. This is an increase of 25 cents from the prior minimum wage ($16.07). The increases are tied to increases in the Consumer Price Index. You can access the poster, which employers are required to display at each San Francisco work site, here. Employers with operations in California need to be aware that numerous cities have their own minimum wages, many of which increase…

California Employment Law

Cal/OSHA Adopts New COVID-19 Workplace Regulations – The Ground Shifts Again

By Jeffrey S. Horton Thomas

June 17, 2021

California’s new COVID-19 prevention regulations adopted today allow employers greater freedom in some respects and impose new burdens in others. The regulations adopted by the Cal/OSHA Standards Board go into effect any day now once they are formally filed with the Secretary of State. The five changes of greatest importance to employers are: Fully Vaccinated Employees are not Required to Wear Face Coverings! The new regulations do not require fully vaccinated employees to wear face…

California Employment Law

New Cal/OSHA COVID-19 Regulations are Withdrawn! Cal/OSHA Huddles Over More Revisions.

By Jeffrey S. Horton Thomas

June 11, 2021

New Cal/OSHA COVID-19 prevention regulations — set to go into effect no later than June 15 — were withdrawn late Wednesday by the Cal/OSHA Standards Board. The move took employers who had been preparing for weeks to comply with the new regulatory scheme by surprise. The Standards Board is expected to vote on adopting a revised version of the new regulations at its June 17 meeting. If approved on June 17, new regulations will become…

California Employment Law

Delayed, but Here Shortly: New COVID-19 Regulations from Cal/OSHA

By Jeffrey S. Horton Thomas

May 27, 2021

New mandatory COVID-19 prevention protocols are coming from Cal/OSHA, but not quite as soon as expected. The vote to adopt revised regulations governing COVID-19 protocols in California workplaces has been postponed until an emergency meeting of the Cal/OSHA Standards Board set for June 3, 2021. The revised regulations to be considered at that time have not been made public but will take into account recent guidance from the Centers for Disease Control and Prevention (CDC)…

California Employment Law

Fox Rothschild Webinars: ADA Accommodation in Workers’ Compensation Context & Practical/Legal Issues for Remote Workers

By Nancy Yaffe

May 24, 2021

My colleagues around the country are putting on some pretty fabulous webinars in June that will be informative to employers (especially those who operate both inside and outside of California). First, join dynamic Partner Lori Armstrong Halber as she explores that mind-numbing overlap of ADA, FMLA and workers’ compensation (often referred to as the Bermuda Triangle of employment law). Lori will be joined by a disability employment expert and a workers’ compensation attorney for an…

California Employment Law

The Must Have Fox Rothschild Guide to Doing Business in California (and It Is Free!)

By Nancy Yaffe

May 12, 2021

Getting ready to reopen in California and need a refresher on what makes California law “special”? Have plans to open an office/location somewhere in California and want to understand what laws apply and how they differ from your other locations throughout the US? Need a helpful summary of California laws for your returning managers and supervisors? Or to double-check that your policies and pay practices are up to date? Well, no matter the reason, we…

California Employment Law

FAQs On Office Reopening and Meeting Protocols

By Sahara Pynes

April 30, 2021

This week has been full of back to work buzz. Can we return to work? What about planning a team happy hour? Questions abound, yet answers require sorting through a myriad of state and county guidance documents. The guidance changes frequently, sometimes without notice or fanfare. Much depends on the County regulations in effect at the time of the event/meeting/office reopening. Indeed, Los Angeles County released new “Orange Tier” guidelines effective April 30th (yes, today!). …

California Employment Law

Employees Laid Off Due to COVID-19 Pandemic are Given Recall Rights Under New State Law

By Jeffrey S. Horton Thomas

April 19, 2021

Employers in the hotel, event center, airport and private club sectors and those providing services to commercial buildings must now give employees who were laid off due to the COVID-19 pandemic preferential recall rights over other applicants. The requirements became effective last Friday, April 16, 2021, on California Governor Gavin Newsom’s signing of Senate Bill 93 into law. The Covered Employers The hotel operations subject to the new statewide requirements are those consisting of 50…

California Employment Law

Commentary on Issues Facing California Employers

Blog Authors

California Supreme Court Rules that Meal and Rest Premiums Must be Paid at the “Regular Rate”

When & How Much to Pay for Work-From-Home Expenses in a Post Pandemic World

San Francisco Minimum Wage Goes Up to $16.32 on July 1, 2021

Cal/OSHA Adopts New COVID-19 Workplace Regulations – The Ground Shifts Again

New Cal/OSHA COVID-19 Regulations are Withdrawn! Cal/OSHA Huddles Over More Revisions.

Delayed, but Here Shortly: New COVID-19 Regulations from Cal/OSHA

Fox Rothschild Webinars: ADA Accommodation in Workers’ Compensation Context & Practical/Legal Issues for Remote Workers

The Must Have Fox Rothschild Guide to Doing Business in California (and It Is Free!)

FAQs On Office Reopening and Meeting Protocols

Employees Laid Off Due to COVID-19 Pandemic are Given Recall Rights Under New State Law

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