The California Legislature recently passed technical reporting requirements for employers starting next year in an effort to aid targeted enforcement of various labor laws, specifically attempting to identify wage rates that appear to be discriminatory on the basis of gender or race. SB 973 requires that, by March 31, 2021, and annually thereafter, private employers…
In addition to Labor Code 248, which codified the Governor’s Executive Order requiring large food sector employers to provide COVID-19 paid sick leave, recently enacted Labor Code 248.1 now requires most employers with 500 or more employees to provide supplemental COVID-19 paid sick leave. The new COVID-19 supplemental paid sick leave (“CSPSL”), which went into…
On September 4, 2020, Governor Newsom signed into law AB 2257, which exempts several additional occupations from the ABC Test under AB 5, and attempts to further clarify the distinction between employer-employee relationships and professionals that run their own independent businesses. AB 2257 is a lengthy bill that made several significant changes. We have summarized…
In an effort to mitigate the effects of COVID-19 the California Legislature has been busy passing bills that provide further job protection and rights for employees. SB 1383 passed the Assembly on September 1, 2020, and awaits the Governor’s signature. SB 1383 amends the California Family Rights Act (CFRA), to expand its coverage to millions…
On May 7, 2020, we shared about Governor Gavin Newsom’s executive order creating a rebuttable presumption that a California employee who contracts COVID-19 contracted it in the course of their employment. The presumption applied to employees working from March 19 through July 5, 2020. Since then 3 different bills addressing COVID-19 presumptions are now winding…
People of the State of California v. Uber / Lyft – filed August 10, 2020, case number CGC-20-584402, in the California Superior Court – San Francisco The gig-economy was dealt a major blow in a recent court ruling against Uber and Lyft. The State of California filed an action seeking injunctive relief, restitution, and penalties…
Mediation is an alternative dispute resolution process that is used to resolve problems between the parties. Everyone knows that. But what is important to remember is that the process can and should be informal. Unlike a trial or arbitration that must proceed according to fairly rigid rules, the mediator does not decide the outcome of…
Should employers stop collecting the 6.2% levy that is the employee’s share of social security taxes for many workers? This weekend’s Executive Order by the President said that employers could do this starting September 1, 2020. But, to be clear, if employers stop withholding taxes, will Congress forgive the deferred payments? Remember, these are deferred…
Mediation is unique in that it may take place early in the case, voluntarily at the request of the parties; involuntarily in connection with a judicial proceeding just before trial; or at any time between. Notwithstanding the timing, proper preparation can ensure a successful mediation; and often, discovery is key to being properly prepared. When…
Recent California court decisions have begun to show a trend of judicial hostility towards the enforcement of employment arbitration agreements in certain circumstances. In light of this trend it may be time to reexamine dated arbitration agreements and practices. In the past few years, the legal landscape surrounding arbitration agreements has changed quite a bit. …