California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

On August 2nd, seven Bay Area counties and the city of Berkeley joined the ranks of Los Angeles, Sacramento, and Yolo counties in issuing local ordinances that reinstitute indoor masking mandates. The orders require all individuals, regardless of vaccination status, to wear face coverings when indoors in public settings, with limited exceptions, beginning on August 3rd. The following counties are included in the joint mandate: Alameda Contra Costa Marin San Francisco San Mateo Santa…
On July 28th the California Department of Public Health (“CDPH”) issued revised guidance for the use of masks, including recommending universal masking indoors statewide. This guidance comes on the heels of changes in the Centers for Disease Control (“CDC”) guidance recommending masking for indoor settings in areas with substantial and high transmission of COVID-19. The revised CDPH guidance for universal indoor masking is only a recommendation at this time. However, several counties have gone…
Due to a rise in transmission of the Delta variant causing a rapid increase in COVID-19 cases in California, the California Department of Public Health (CDPH) issued a new order to help prevent the spread of COVID-19 in hospitals, high-risk congregate settings, and other health care settings. The order takes effect on August 9, 2021, and states that all covered facilities must be in full compliance by August 23, 2021. The order applies to the…
When does the statute of limitations period begin to run on a harassment claim?  The California Supreme Court has ruled in Pollock v. Tri-Modal Distribution Services, Inc. that the time to file a cause of action for failure to promote brought under the harassment provision of the Fair Employment and Housing Act (“FEHA”) starts to run when the employee knows or reasonably should know of the employer’s allegedly unlawful refusal to promote the employee. Plaintiff,…
California employers should review their employment background check procedures in light of recent developments. The California Court of Appeal recently ruled in All of Us or None of Us v. Hamrick that an individual’s date of birth and driver’s license number cannot be used as data identifying a criminal defendant in public records.  The ruling will, if upheld, affect employers and third-party consumer reporting agencies when conducting background checks on applicants or employees. The case…
On June 17th the Cal/OSHA Standards Board passed amended COVID-19 Emergency Temporary Standards, which were intended to bring consistency between the California Department of Public Health mask guidance and Cal-OSHA’s workplace requirements. However, since the passage of the amendments, several counties, including Los Angeles County, have seen a rise in COVID-19 cases. In response, the Los Angeles County Public Health Department (LADPH) issued a revised order that went into effect on July 17, 2021.…
Several months after Governor Newsom signed into law a statewide right of recall statute affecting the hospitality industry and building services, the Labor Commissioner’s office finally issued a Frequently Asked Questions page. The FAQs clarify that an acceptance by an employee of an offer must be delivered to the employer within 5 business days, which does not include Saturdays, Sundays, or California state holidays. Moreover, the obligation to offer positions does not end…
In Ferra v. Loews Hollywood Hotel, LLC, the California Supreme Court has concluded that an employee’s “regular rate of compensation” for meal and rest period premium pay is synonymous with the employee’s “regular rate of pay” for overtime.  Accordingly, employers paying meal and rest period premiums must pay those,  not at an employee’s base hourly rate alone, but at that rate plus all non-discretionary payments, meaning those that are paid “pursuant to [a] prior…
A piece-rate plan is a wage payment system where an employee is paid a fixed amount for each unit produced or action completed.  Piece rate is used in many different industries, including automobile repair, trucking, manufacturing, and call centers.  An example of a piece-rate plan is an automobile mechanic who is paid a certain amount per tune-up or a factory worker who is paid a certain amount per number of widgets produced. Piece rate law…
The state and some local COVID-19 supplemental paid sick leave requirements continue through the summer. And the City of Los Angeles’ mayor issued a public order mandating additional paid leave. Under the order, employees who work within the City of Los Angeles and have been employed by their employer for 60 days are entitled to paid time off to get vaccinated for COVID-19, including traveling to and from the appointment, as well as recovering…