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Alameda County Update: COVID-19 Site-Specific Protection Plan Replaces Social Distancing Protocol

Alameda County Update: COVID-19 Site-Specific Protection Plan Replaces Social Distancing Protocol Pursuant to the prior May 18, 2020 Order (“Prior Order”), Essential and Outdoor Businesses were required to create, distribute, and post a Social Distancing Protocol (“SDP”), which was included in the Prior Order as Appendix A. However, in the new June 5, 2020 Order Read More

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Supplemental Paid Sick Leave For Food Sector Workers

Supplemental Paid Sick Leave For Food Sector Workers On April 16, 2020, California Governor Gavin Newsom, signed Executive Order N-51-20 (the “Order”) requiring large employers (500+ employees nationwide, not including independent contractors) of food sector workers to provide up to 80 hours of Supplemental Paid Sick Leave for qualifying reasons related to the COVID-19 pandemic. Read More

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Updated Guidance To Employers From Federal EEOC and OSHA Regarding COVID-19

Updated Guidance To Employers From Federal EEOC and OSHA Regarding COVID-19 Within the last few days, two federal agencies, the Equal Employment Opportunity Commission (“EEOC”) and the Department of Labor’s (“DOL”) Occupational Safety and Health Administration (“OSHA”), issued new guidance related to the COVID-19 crisis. EEOC On April 9, the EEOC posted additional guidance for Read More

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Cal-WARN Suspended: Guidance For Employers

Cal-WARN Suspended: Guidance For Employers Due to Executive Order N-33-20 (“Stay At Home Order”) and the economic downturn caused by COVID-19, many businesses are being forced to close or lay off workers.  When either occurs, employers must give careful attention to notice obligations under the federal WARN Act (“WARN”) and its state equivalent, Cal-WARN.  WARN Read More

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California Employer Guidelines on COVID-19 Part 1

California Employer Guidelines on COVID-19 Part 1 This is the first of two blogs that we wanted to share with our clients and friends of the firm to help with the next few weeks of “lock downs” and “closures.” The spread of the coronavirus (“COVID-19”) remains a significant concern in the workplace.  Employers are faced Read More

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2 Things To Know About California’s New Independent Contractor Rules

On September 18, 2019, California Governor Gavin Newsom signed into law Assembly Bill 5 (“AB-5”). AB-5 codifies the ABC test set forth by the California Supreme Court’s decision in Dynamex Operations West, Inc. v. Superior Court of Los Angeles, 4 Cal. 5th 903 (2018) and expanded its applicability. It expands the ABC test for independent Read More

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Employers Must Provide Standalone Forms to Obtain Consent of Pre-Employment Background Checks

Employers who use third party vendors to perform background checks on prospective employees must comply with the Fair Credit Reporting Act (FCRA) and California’s Investigative Consumer Reporting Agencies Act (ICRAA). The FRCA and ICRAA require employers to give specific and analogous disclosures about an applicant’s rights under the applicable laws and obtain express consent. Because Read More

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Do Not Sugarcoat Performance Reviews!

IMPORTANCE OF PERFORMANCE REVIEWS Periodic employee performance reviews can be valuable tools to help employers improve performance and employee morale at their company. Effective performance reviews can reinforce an employer’s business principles and priorities and help foster the skills the employer wants its employees to develop. They can also help employers gather information needed to Read More

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Can I force my employee to sign a non-compete agreement? Will it later be enforceable?

I am always surprised to hear about California employers forcing their employees to sign non-compete agreements as a condition of employment. This is likely because most employers are unaware that a non-compete agreement is unlawful in California unless the agreement falls within one of the narrow statutory exceptions specified in the California Business & Professions Read More

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Whether Continued Employment is Acceptance of an Arbitration Agreement?

When a California employer changes its policies to include mandatory arbitration, does an employee’s continued employment after notification that an agreement to arbitration is a condition of continued employment, maintain that the employee has impliedly consented to the arbitration agreement? In Diaz v. Sohnen Enterprises, this exact question arose. There, all employees of Sohnen Enterprises Read More

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