California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

Last week, San Francisco announced expanded eligibility for paid sick leave under its Paid Sick Leave Ordinance and announced the Workers and Families First Program, which provides city-funded additional sick leave pay for employees working in San Francisco. Expanded Use of Paid Sick Leave Since late 2006, San Francisco has had its own Paid Sick Leave Ordinance. The ordinance requires employers to provide paid sick leave (“PSL”) to all employees (including temporary and part-time employees) who perform…
As California cases of COVID-19 began to rise in early March, several California administrative agencies released information on COVID-19 employment issues, such as administration of paid sick leave, disability benefits, and unemployment insurance. Yet, the Department of Fair Employment and Housing (DFEH)—the agency charged with enforcement of California’s Fair Employment and Housing Act (FEHA), which, among other things, prohibits discrimination, harassment, and retaliation in the workplace—remained silent. Earlier this week, the DFEH released its…
On March 19, California Governor Newson issued a historic Executive Order N-33-20 (the “Order”)  impacting approximately 40 million California residents.  The Order directs all individuals living in California to stay at home “except as needed to maintain continuity of operations of the federal critical infrastructure sectors” or to obtain essential needs, such as food, healthcare, or prescriptions. To determine which businesses can continue to operate, the Order referenced the “CISA Critical Infrastructure Sectors,” a list of…
It is well known that California’s workplace health and safety regulations direct workers to develop and implement an Injury and Illness Prevention Program (“IIPP”) to protect employees from workplace hazards. Some employers also have an obligation under the California Department of Industrial Relations Division of Occupational Safety & Health’s (“Cal OSHA”) Aerosol Transmissible Diseases (“ATD”) standard (Title 8 California Code of. Regulations (CCR) §5199) to take additional precautions to protect workers from airborne infectious…
Effective March 19, 2020, California Governor Gavin Newsom issued Executive Order N-33-20 (“Order”), directing all individuals living in the State of California to stay home or at their place of residence, except as to maintain continuity of operations of the federal critical infrastructures.  This Order shall stay in effect until further notice. The directive is consistent with the March 19, 2020, Memorandum on Identification of Essential Critical Infrastructure Workers During the COVID-19 Response.  The…
With an alarming number of American workers lacking adequate retirement savings, California and a handful of other states began implementing state-sponsored retirement savings programs.  The CalSavers Retirement Savings Program (CalSavers) was first launched as a pilot program in 2018 and then expanded to all eligible employers in the state in July 2019 in order to provide employees access to a retirement savings program without the administrative complexity for employers. CalSavers requires employers who do not…
As many counties in California issue executive orders and proclamations to either close certain businesses or shelter-in-place, California employers are faced with the difficult decision whether to lay off employees while they are closed. In the event of an immediate business closure, California employers were concerned with how to comply with the notice requirements for the California Worker Adjustment and Retraining Notification Act (Cal/WARN). Under Cal/WARN a covered establishment is defined as an industrial…
On March 16, 2019, six Bay Area counties issued Shelter-in-Place Orders (“the Orders”) limiting the operation and activities of residents and businesses in Alameda, Contra Costa, Marin, San Francisco, Santa Clara, and San Mateo Counties.  The purpose of the Orders is to slow the spread of COVID-19. When Do the Orders Take Effect? The Orders take effect at 12:01 am on March 17, 2020, and end at 11:59 pm on April 7, 2020, or until…
The California Supreme Court has weighed in on who is an aggrieved employee under the Private Attorneys General Act (PAGA) in Kim v. Reins International California, Inc. The issue before the court was, does an employee bringing an action under PAGA lose standing to pursue representative claims as an “aggrieved employee” by settling and dismissing his or her individual claims against the employer? Under the PAGA, an “aggrieved employee” may bring a representative action…
Confirmed Coronavirus (COVID-19) cases have risen swiftly in California and in response, administrative agencies have released guidance to employers regarding wage and hour issues and paid sick leave. Late last, week, the Labor Commissioner’s office provided input on administering paid sick leave in light of coronavirus. The Labor Commissioner indicated that preventative care under paid sick leave would include self-quarantine as a result of potential exposure to COVID-19 if recommended by civil authorities or if…