California Public Agency Labor & Employment Blog

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Latest from California Public Agency Labor & Employment Blog

California Public Agency Labor & Employment Blog

Hottest Blogs of Summer 2020

By Sara Gardner

September 22, 2020

It’s Fall! As we transition to longer days and colder weather, we’re taking a look at our hottest blog posts from Summer 2020. Walking the Tightrope When Employees Refuse to Return to Work If there is one word that defines this pandemic, it is fear. While we understand more about COVID-19 today than we did even a few weeks ago, including who may be more susceptible to severe complications, this pandemic still involves a dash…

California Public Agency Labor & Employment Blog

Governor Newsom Signs SB 1159 and AB 685 Into Law Impacting COVID-19 Related Workers’ Compensation Coverage and Creating New Notice and Reporting Requirements Related to COVID-19 Workplace Exposures

By Gage Dungy & Lars T. Reed

September 17, 2020

On September 17, 2020, Governor Gavin Newsom signed into law two COVID-19 related bills – Senate Bill (“SB”) 1159 and Assembly Bill (“AB”) 685. SB 1159 is an urgency bill that is now effective immediately, and sets forth rebuttable presumption standards to establish workers’ compensation coverage for employees who contract COVID-19. AB 685 modifies occupational safety standards to require employers to provide notice and report information related to COVID-19 exposures, and provides the California Division of…

California Public Agency Labor & Employment Blog

Governor Signs AB 2257 Updating AB 5 Independent Contractor Law

By Oliver Yee & Kelsey Cropper

September 17, 2020

AB 5, which went into effect January 1, 2020, codified in the Labor Code the “ABC” test for determining independent contractor status that the California Supreme Court adopted in its 2018 decision in Dynamex Operations West, Inc. v. Superior Court (2018) 4 Cal.5th 903. Our bulletin regarding the details of AB 5 can be found here. On Friday, September 4, 2020, Governor Newsom signed Assembly Bill 2257 (AB 2257) into law. AB 2257 served as clean-up legislation…

California Public Agency Labor & Employment Blog

AB 2147 Clears Career Paths for Formerly Incarcerated Persons Trained as Firefighters

By Paul D. Knothe

September 15, 2020

While skies all over California were turned strange colors by fire and smoke on September 11, 2020, Governor Gavin Newsom signed AB 2147 into law. Passed by a 51-12 majority in the Assembly and a unanimous 30-0 vote in the Senate, this law creates new Penal Code section 1203.4b, designed to make it easier for inmates trained in firefighting in the Conservation Camp Program or on a county hand crew to gain employment as professional…

California Public Agency Labor & Employment Blog

Department of Labor Issues Revised Regulations Concerning the Families First Coronavirus Response Act

By Alexander Volberding & Peter J. Brown

September 14, 2020

On September 11, 2020, the Department of Labor (“DOL”) promulgated three revised regulations concerning the Families First Coronavirus Response Act (“FFCRA”) (29 C.F.R. 826.) The revised regulations will take effect on September 16, 2020, upon publication of the revised rule in the Federal Register. The DOL revised these regulations in response to a challenge by the State of New York and a ruling by the District Court the Southern District of New York in that…

California Public Agency Labor & Employment Blog

What’s in a Name? – The Karen Meme Question

By Emanuela Tala

September 8, 2020

If you consume social media, be it Facebook, Instagram, Twitter, or the app of the moment TikTok, you have certainly come across “the Karen meme.” By and large, “the Karen meme” is an image depicting a middle-aged Caucasian woman, almost always sporting a spiky, short blonde haircut. “Karen” argues with and is condescending to service industry workers, and demands to speak to the manager on account of small, meaningless inconveniences, such as an iced skinny…

California Public Agency Labor & Employment Blog

Back to School – Educating Employers on Leave Under the FFCRA as Their Employees’ Children Return to Classes

By Danny Y. Yoo

September 1, 2020

As students return to school this fall, parents find themselves learning new vocabulary terms, such as “remote learning,” “distance learning,” “synchronous or asynchronous instruction,” and “learning pods.” Parents are also learning how to juggle their own work, either from home or onsite, and their children’s instruction. Employers have probably been receiving requests from employees to use leave under the Families First Coronavirus Response Act (FFCRA) to care for their children whose school or place of…

California Public Agency Labor & Employment Blog

Change the Channel: Improve Remote Work Life

By Isabella Reyes

August 27, 2020

Many of us have been working from home longer than we ever could have anticipated when shelter-in-place orders were rolled out in March 2020. As we’ve tried to settle into these going-on-five months of remote work, there is always room for improvement as to our work settings. As we ease into accepting this as “normal” instead of the “new normal,” it’s important to keep in mind things that can make your remote workday as seamless…

California Public Agency Labor & Employment Blog

Employer Requirements Under Cal OSHA’s Wildfire Smoke Regulation

By Kelly Tuffo

August 25, 2020

As California battles close to 600 wildfires burning more than one million acres across the state, many areas are experiencing unhealthy and even very unhealthy air quality. During these conditions, employers must comply with the California Division of Occupational Safety and Health (CalOSHA) worker safety requirements to protect outdoor workers from wildfire smoke effects. Section 5141.1 of Title 8 of the California Code of Regulations was adopted as an emergency regulation in July 2019, in…

California Public Agency Labor & Employment Blog

Public Employment Issues and the 2020 Election – From Employee Free Speech to Taking Time Off to Vote

By David Urban

August 20, 2020

Election day, November 3, 2020, is only several months off. Almost all agree the election will be historic, with a high-level of public activity anticipated, whether through donations, rally participation, letter writing, buttons, t-shirts, banners, yard signs, word-of-mouth, or social media. Protests and even civil disobedience are possible. Election times present unique issues for California public employers. The following is a short list of some of these issues, and a discussion of the relevant laws.…

California Public Agency Labor & Employment Blog

Useful information for navigating legal challenges

Blog Authors

Hottest Blogs of Summer 2020

Governor Newsom Signs SB 1159 and AB 685 Into Law Impacting COVID-19 Related Workers’ Compensation Coverage and Creating New Notice and Reporting Requirements Related to COVID-19 Workplace Exposures

Governor Signs AB 2257 Updating AB 5 Independent Contractor Law

AB 2147 Clears Career Paths for Formerly Incarcerated Persons Trained as Firefighters

Department of Labor Issues Revised Regulations Concerning the Families First Coronavirus Response Act

What’s in a Name? – The Karen Meme Question

Back to School – Educating Employers on Leave Under the FFCRA as Their Employees’ Children Return to Classes

Change the Channel: Improve Remote Work Life

Employer Requirements Under Cal OSHA’s Wildfire Smoke Regulation

Public Employment Issues and the 2020 Election – From Employee Free Speech to Taking Time Off to Vote

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