California Workplace Law Blog

Insight & Commentary on California Workplace Law Issues & Developments

Latest from California Workplace Law Blog - Page 2

On May 18, 2021, Santa Clara County ordered businesses to track employee’s COVID-19 vaccination status. This Order departed largely from the prior County Orders as well as the California Blueprint for a Safer Economy.  However, in conjunction with the California Department of Industrial Relations, Division of Occupational Safety and Health (commonly known as Cal/OSHA), the County has now issued a new Order limiting the requirement. The June 21, 2021 health order includes recommendations to…
It’s summer and California has eased COVID-19 restrictions, which makes it the perfect time for employers to refresh themselves on the rules and regulations governing vacation time for employees in California. Vacation Not Required While California is known for its complex web of leave requirements, there is no requirement for California employers to provide vacation time to employees. Moreover, employers are permitted to exclude certain classes of employees, such as part-time, temporary, or probationary employees…
Under Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS), employers are mandated to have a written COVID-19 Prevention Program. In light of the recent revisions to the ETS, Cal/OSHA has released an updated model prevention program. The updated program includes directives for vaccinated and unvaccinated individuals such as face-covering requirements. The new model program also includes an appendix for documentation of employee’s COVID-19 vaccination status. While the model prevention program is very detailed, employers will…
The simple answer is Cal/OSHA has not clarified if the 30-year retention rule is triggered by requirements of the COVID-19 Emergency Temporary Standards (ETS). Pursuant to Cal/OSHA’s amended ETS employers are required to document the vaccination status of their employees if the employer intends to allow vaccinated employees to work without a face covering or to determine whether an employee needs to be excluded from the workplace due to a close contact with a COVID-19…
All the way back in 2018, California passed Senate Bill 826 requiring publicly-held corporations with principal executive offices in California to have a certain number of females on their board of directors. Similarly, in 2020, Assembly Bill 979 was passed which required publicly held corporations headquartered in California to diversify their board of directors with “underrepresented communities.” Both laws have faced legal challenges including taxpayer organizations arguing that the State of California should not be…
While the past week brought many changes around California for COVID-19 requirements, both the state statute and several local supplemental paid sick leave ordinances persist. The statewide COVID-19 Supplemental Paid Sick Leave (“SPSL”) law remains in effect until September 30, 2021. As a reminder, under the state SPSL, employees are entitled to leave for the following reasons: The employee is subject to a quarantine or isolation period related to COVID-19; The employee has been advised…
The last few weeks have been quite tense for California employers as they watched the drama unfold with the state’s Department of Industrial Relations’ Division of Occupational Safety and Health (“Cal/OSHA”) over amendments to the standing COVID-19 Emergency Temporary Standards (“ETS”) In case you missed it: a few weeks ago, Cal/OSHA delayed a vote on amendments to the ETS to have more time to consider new guidance from the Centers for Disease Control and Prevention…
On January 1, 2021, California’s statewide minimum wage increased to $14 per hour for employers with 26 or more employees and $13 per hour for employers with 25 or fewer employees. Now that we are almost halfway into the year, all things need to get ready for summer, including minimum wage rates.  Many localities have their own minimum wage ordinances which are higher than the state minimum wage and are set to increase this summer.…
In a significant victory for California employers, the U.S. Court of Appeals for the Ninth Circuit reversed a $102 million award against Walmart in a suit alleging that the retailer violated the California Labor Code’s wage statement and meal-break provisions. The decision is Magadia v. Wal-Mart Associates, Inc., May 28, 2021, No. 19-16184. The Ninth Circuit’s opinion is an important clarification of the cognizable harm required to establish Article III standing under the Private…
In an emergency meeting on June 9th, the Cal/OSHA Standards Board reversed itself and voted to withdraw the amended COVID-19 Emergency Temporary Standards (ETS) it had just approved on June 3rd.  As such, employers will remain governed by the ETS that was passed in November 2020. The emergency meeting was held so that the Board could consider changes to California Department of Public Health (CDPH) guidance regarding face coverings that will go into…