California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

California employers with as few as five employees must provide family and medical leave rights to their employees under a new law signed by Governor Gavin Newsom on September 17, 2020. The new law significantly expands the state’s existing family and medical leave entitlements and goes into effect on January 1, 2021. Senate Bill 1383 (SB 1383) also expands the covered reasons for protected leave and the family members whom employees may take leave to…
Governor Newsom signed Senate Bill 1159 (“SB 1159”) on September 17, 2020, which could expand the definition of injury under the workers’ compensation system to include illness or death resulting from COVID-19. In May, the governor had issued an executive order which created a presumption that any COVID-19-related illness of an employee shall be presumed to arise out of and in the course of employment to award workers’ compensation benefits if certain conditions were met.…
On September 17, 2020, Governor Newsom signed Assembly Bill (“AB”) 685, which requires employers to provide written notifications to employees within one business day of receiving notice of potential exposure to coronavirus (“COVID-19”).  AB 685 also authorizes the Division of Occupational Safety and Health (“Cal OSHA”) to prohibit operations, processes, and prevent entry into workplaces that it has determined present a risk of infection to COVID-19 so severe as to constitute an imminent hazard.…
On September 11, 2020, Governor Newsom signed Assembly Bill 276 (“AB 276”), amending California’s tax law regarding the taxation of loans from qualified employer benefit plans to employees. The amendments track the provisions of the federal CARES Act on this issue, bringing much-needed uniformity between California and federal law governing this issue. California and federal law have long allowed qualified employer benefit plans to provide non-taxable loans to plan participants and beneficiaries under specified circumstances.…
On September 9, 2020, the Governor signed Assembly Bill 1867 (“AB 1867”) which mandated both food sector employers and other industries, including employers with 500 or more employees, to provide supplemental paid sick leave (“COVID-19 Supplemental PSL”). The California Labor Commissioner, charged with enforcement of the new laws, has issued a Frequently Asked Questions Page (“FAQ”) regarding both new supplemental leaves. What are some of the key clarifications? The Labor Commissioner clarifies that the food…
On September 11, 2020, Governor Newsom signed Assembly Bill 2143 (“AB 2143”), which adds further nuances to last year’s AB 749 regarding no-rehire clauses in settlement agreements.  AB 749 was part of the #MeToo inspired legislation, which prohibited no-rehire clauses in settlement agreements regarding employment disputes.  Prior to AB 749, it was common for employers to include no-rehire provisions in a settlement agreement.  When drafting AB 749, Assemblyman Mark Stone, argued that the “no-rehire…
On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”) which has three new laws combined into one bill. The bill covers supplemental sick leave requirements, a pilot mediation program for small employers, and mandated hand washing requirements for food workers. Food Sector Workers Supplemental Sick Leave When Governor Newsom issued Executive Order (“EO”) N-51-20 mandating supplemental paid sick leave for food sector workers, it was uncertain whether the governor had the…
On September 9, 2020, Governor Newsom signed Assembly Bill (“AB”) 736, which expands the professional exemption under Industrial Welfare Commission (“IWC”) Wage Orders Nos. 4-2001 and 5-2001 to include part-time, or “adjunct,” faculty at private, non-profit colleges and universities in California. AB 736 amends the Labor Code to add Section 515.7, which states that an employee providing instruction for a course or laboratory at a private, non-profit college or university may be classified as…
As California employers brace for a host of new laws that will affect operations in the workplace, the City of San Diego recently passed two new COVID-19 ordinances. The City Council passed a right of recall ordinance and a supplemental paid sick leave ordinance before Governor Newsom signed Assembly Bill 1837, which covers similar supplemental paid sick leave requirements. The supplemental paid sick leave, like other similar local ordinances, is intended to ensure that an…
The California Consumer Privacy Act (“CCPA”) has only been in effect since January, but amendments are already on the horizon. Personal information in the employment context was highly contested during the CCPA’s amendment process prior to enactment and has continued to be a point of deliberation even after the CCPA’s effective date. Read the full article on Jackson Lewis Workplace Privacy, Data Management & Security Report