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Cal/OSHA Approves the Third Readoption of the Cal/OSHA Emergency Temporary Standards

On April 21, 2022, Cal/OSHA’s Standards Board voted to approve the Third Readoption of the Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”). The Third Readoption makes some changes to the ETS previously in effect. Some of the more significant changes include: Key Definition Changes Some of the key definitions of terms used throughout the ETS have Read More

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No More Forced Arbitration of Sexual Assault and Sexual Harassment Claims

On March 3, 2022, President Biden signed into law the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” (also known as H.R. 4445). H.R. 4445 amends the Federal Arbitration Act (“FAA”) to prohibit employers from entering into pre-dispute arbitration agreements for claims alleging sexual assault or sexual harassment. It also prohibits Read More

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2022 COVID-19 Supplemental Paid Sick Leave Poster And FAQs Now Available

As we mentioned in our most recent  blog , the 2022 COVID-19 Supplemental Paid Sick Leave went into effect on February 19, 2022 for California employers with more than 25 employees. The California DLSE just released the required 2022 COVID-19 Supplemental Paid Sick Leave Poster which should be in all workplaces and emailed to remote workers. Read More

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California Brings Back COVID-19 Supplemental Paid Sick Leave

Governor Newsom signed Senate Bill 114 on February 9, 2022, resurrecting COVID-19 Supplemental Paid Sick Leave for 2022 (“SPSL 2022”). The new law will be effective on Saturday, February 19, 2022 (10 days after its enactment), but may require payments retroactive to the beginning of 2022 as explained below. The highlights of SPSL 2022 are Read More

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You May Have Just Updated Your IIPP’s, BUT the CDPH Just Updated COVID-19 Guidance

As the COVID-19 Omicron variant spreads rapidly, the California Department of Public Health (“CDPH”), on December 30, 2021, updated its isolation and quarantine guidance to align closely to the recently updated Centers for Disease Control and Prevention’s (“CDC”) guidance. CDPH recognizes the new 5-day protocols, however, for individuals who test positive for COVID-19, regardless of vaccination Read More

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UPDATE: California’s AB 51 and Mandatory Arbitration Agreements

California Assembly Bill 51 Signed into law by Governor Newsom on October 10, 2019, California Assembly Bill 51 (“AB 51”) subjects employers to criminal misdemeanor charges, as well as civil sanctions, for mandating arbitration agreements of certain claims in employment contracts. Under AB 51, which added Section 432.6 to the California Labor Code, employees and job applicants cannot Read More

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What Documents Can Employees Request?

Three California Labor Code sections deal with employment document retention and production. They are as follows: Labor Code §§ 226, 432, and 1198.5. Labor Code § 432 Labor Code § 432 requires an employer to give to an employee any document relating to the obtaining or holding employment signed by the employee whenever requested by Read More

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Regular Rate of Pay Applies When Calculating Meal and Rest Period Penalties

Regular Rate of Pay Applies When Calculating Meal and Rest Period Penalties The California Supreme Court recently decided that calculation of the required one hour premium payment for missed, late or short meal and rest breaks must take into account all nondiscretionary payments, such as certain types of bonuses and shift premiums. Below we outline Read More

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Cal/OSHA Approves Revised Emergency Temporary Standards

Cal/OSHA’s Emergency Temporary Standards (“ETS”) has endured a long road to adoption. Following withdrawal of an initial revision of the ETS that was nearly universally panned, Cal/OSHA issued new revisions on June 11, 2021. Cal/OSHA has since clarified such revisions through the FAQs. What Exactly Are The Rules Now? Face Coverings Where an employer has Read More

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Can Employers Require COVID-19 Vaccinations?

This blog provides an overview of a specific developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation. With how disruptive the COVID-19 pandemic has been for all businesses; many employers are eager to get their workforce back to “normal” as soon as possible. Read More

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