Sexual assault is broadly defined in state and federal laws as subjecting a person to any unwanted or nonconsensual sexual contact. On March 31, 2023, President Joseph R. Biden Jr. proclaimed April 2023 as National Sexual Assault Awareness and Prevention Month....
For decades, California law has permitted employers to round employee time entries as long as the rounding policy is neutral on its face and does not disadvantage employees. However, on February 1, 2023, the California Supreme Court agreed to hear oral arguments on a Court of Appeal decision that could end California employers’ ability to round employee work time altogether.
By Barry A. Bradley, Esq. Jaimee K. Wellerstein, Esq. California’s Governor Newsom signed 997 bills last year (and vetoed 169). While there was a flurry of laws that protect women’s reproductive rights as a result of the overturning of Roe v. Wade by the U.S. Supreme...
After three years of frequent changes, CalOSHA adopted the more permanent COVID-19 Prevention Non-Emergency Regulations.
By Jaimee K. Wellerstein, Esq. While many California employers were anticipating the current COVID-19 Supplemental Paid Sick Leave (“SPSL”) would expire on September 30, 2022, unsurprisingly, California has passed AB 152, which will extend SPSL through December 31,...
By Jaimee K. Wellerstein, Esq, On June 15, 2022, the United States Supreme Court issued its long-awaited decision in Viking River Cruises, Inc. v. Moriana (U.S.S.C. Case No. 20-1573), holding that California employers can enforce arbitration agreements, thereby...
By Jaimee K. Wellerstein, Esq. On May 23, 2022, the California Supreme Court lived up to its pro-employee reputation, issuing yet another major setback to employers by overturning a previously employer-friendly ruling in Naranjo v. Spectrum Security Services, Inc. The...
By: Jaimee K. Wellerstein, Esq. California was the first state to adopt the CROWN Act, in 2019. Since then, numerous other states have followed suit. Now, the federal government is (hopefully) on its way to enacting the federal version of the Creating a Respectful...
On March 3, 2022, President Biden signed the “Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021” into law. What does it mean?
By: Jaimee K. Wellerstein, Esq. As previously reported here, California’s Legislature recently proposed a new COVID-19 Supplemental Paid Sick Leave (“SPSL”) for 2022. On February 9, 2022, Governor Gavin Newsom signed the new SPSL bill into law. The law goes into...
By: Jaimee K. Wellerstein, Esq. With a decline of COVID-19 cases in mid-2021, California’s Covid-19 Supplemental Paid Sick Leave (“SPSL”) ended on September 30, 2021. However, at the end of 2021, Omicron raged through California (and the rest of the world) causing a...
The Supreme Court of the United States (“SCOTUS”) halted enforcement of the Occupational Safety and Health Administration’s (“OSHA”) Emergency Temporary Standards (“ETS”)
by Jaimee K. Wellerstein, Esq. In what could be a seminal ruling for California employers in the fight over out-of-control wage and hour litigation, the Supreme Court of the United States (“SCOTUS”) has recently granted certiorari in Viking River Cruise, Inc., v....
By: Jaimee K. Wellerstein, Esq. Cal/OSHA first adopted its Emergency Temporary Standards (“ETS”) over a year ago to address concerns about COVID-19 in the workplace. The latest Cal/OSHA revised ETS will go into effect January 14, 2022. The new ETS, which you can find...
By: Jaimee K. Wellerstein, Esq. Litigation and orders surrounding President Biden’s COVID-19 Vaccination Mandates seem to be evolving almost as quickly as COVID-19 itself. As the Omicron variant surges throughout the United States, in a surprising ruling, the Sixth...
This is the second article of a two-part series. With social media accounts on Twitter, Instagram, and LinkedIn becoming an increasingly cost-effective form of advertising, it is common for businesses to hire in-house social media managers. Here are two areas to...
Last week, the Occupational Safety and Health Administration (OSHA) issued a new emergency temporary standard which would soon require all covered employers with 100 or more employees to either require its workforce to receive mandatory vaccinations against COVID-19...
This is the first article of a two-part series. In case you missed it, Facebook and Instagram crashed for six (6) hours recently, causing chaos for many businesses and active social media users. The crash served as a stark reminder of how increasingly dependent people...
By Jaimee K. Wellerstein, Esq. On September 9, 2021, the California Court of Appeal handed down an important victory for employers in Wesson v. Staples The Office Superstore LLC, (No. B302988) that will help employers assert defenses against lawsuits brought under the...
By Jaimee K. Wellerstein, Esq. Employers and employees have long disputed the validity and lawfulness of employment-related arbitration agreements in California. On September 15, 2021 in Chamber of Commerce v. Bonta (No. 20-15291, 2021 WL 4187860 (9th Cir. Sept. 15,...
This month, our country is commemorating the 20th Anniversary of the terrorist attacks on the World Trade Center, the Pentagon, and United Airlines flight 93 on September 11, 2001. In response to only the second attack on the U.S. homeland -- resulting in the deaths...
The ETS is expected to mandate that private businesses with 100 or more employees require their workforces to become fully vaccinated or test negative for COVID
By Jaimee K. Wellerstein, Esq. On August 5, 2021, California’s Department of Public Health issued a Statewide Order (the “Order”) mandating that Workers in covered Health Care Facilities[1] receive their first dose of a one-dose COVID-19 vaccine or their second dose...
California Supreme Court rules meal and rest break premiums must be paid at the regular rate of compensation, including nondiscretionary pay, retroactively.
By Barry A. Bradley, Esq. There was nothing funny, unexpected, or too wacky about this year’s crop of new laws passed in California. Largely due to the shortened legislative session (thanks to COVID-19), Governor Gavin Newsom signed only 372 new laws. This was fewer...
Employers are no longer obligated to provide FFCRA paid leave to employees, despite the common belief that these entitlements would be extended into 2021.
California Department of Public Health Reduces Quarantine Period for Asymptomatic Exposures and Certain Critical Infrastructure Workers
On March 4, 2020, the City of Los Angeles declared a local emergency and put all of its residents into lockdown in an effort to reduce the spread of the Severe Acute Respiratory Syndrome Coronavirus 2 (SARS-CoV-2), also known as COVID-19. It seems like light years ago...
By Jaimee K. Wellerstein, Esq. On September 17, 2020, Governor Gavin Newsom signed another COVID-19 related bill into law – Assembly Bill 685. This new bill imposes strict notice and reporting requirements upon California employers, in both the public and private...
On September 17, 2020, Governor Gavin Newsom signed new legislation that will expand the California Family Rights Act (CFRA), significantly impacting both small and large California employers across the board.
The new supplemental COVID-19 paid sick leave (CPSL) law essentially aims to fill the gaps left by the Families First Coronavirus Response Act (FFCRA)
These FAQs explain eligibility for qualifying for paid leave under the Families First Coronavirus Response Act (FFCRA) relative to the varied formats and schedules schools have announced as they reopen
As the COVID-19 pandemic continues to rage on, we have all had to change our lifestyles to some extent, finding different means of doing things than before. For example, on the recent 4th of July holiday, the beautiful fireworks shows that so many of us enjoy were...
On July 1, 2020 California localities increased their minimum wage requirements
The year 2020 will likely be remembered as noteworthy for many reasons, such as COVID-19 and the protests surrounding the death of George Floyd. There is, however, a reason to celebrate 2020. It is the 100th anniversary of the passage of the 19th Amendment to the...
Executive order creates a rebuttable presumption that employees who contract COVID-19 at work qualify for workers’ compensation benefits
By Jaimee K. Wellerstein, Esq. With cases of COVID-19 rising in Los Angeles, on April 7, 2020, City of Los Angeles Mayor Eric Garcetti issued two new COVID-19-related Public Orders to provide further protections for Los Angeles workers. The Worker Protection Order...
The COVID-19 pandemic is impacting companies and their ability to meet contractual obligations worldwide, and California is no exception. There are travel restrictions and supply issues. You may be having difficulties fulfilling orders because some of your workforce...
By Jaimee K. Wellerstein, Esq. Likely not a surprise to California employers, the California Supreme Court has once again ruled on the side of the employees in Kim v. Reins International California, Inc. On March 12, 2020, the Court held that even after an employee...
By Jaimee K. Wellerstein, Esq. The emergency nature of recent COVID-19 related legislation has left many employers with questions. This update will focus on new guidance provided by state and federal governmental agencies regarding the use of the federal Families...
By Jaimee K. Wellerstein, Esq. With the State of California largely on shut-down due to the COVID-19 epidemic, many businesses are facing the harsh reality that significant changes to their business and workforce are necessary. Unfortunately, as employers consider...
Overview of the Families First Coronavirus Response Act explaining emergency paid sick leave and expanded FMLA obligations for employers during COVID-19.
A federal court temporarily blocks enforcement of California’s AB 51, allowing employers to continue mandatory arbitration agreements—for now.
By Jaimee K. Wellerstein, Esq. As we ring in a new year and a new decade, California employers will be faced with a number of important new laws. Following are some key employment laws that will take effect this coming year: Sexual Harassment Training (SB 530): Last...
We just celebrated the Labor Day holiday. A time for barbecues, beach trips, weekend getaways and other fun ways to mark the end of summer. What often gets lost amidst all the celebrations, though, is the thing that Labor Day is actually meant to celebrate - the...
By Jaimee K. Wellerstein, Esq. On July 3, 2019, California became the first state to ban discrimination against natural hair, including afros, braids, twists, and dreadlocks. Introduced by Sen. Holly J. Mitchell, Senate Bill 188 (SB 188) aims to “Create a Respectful...
Along with the rise in temperatures, so goes the minimum wage for many California employees. Although the state minimum wage remains $11.00 per hour for small employers (25 or fewer employees) and $12.00 per hour for large employers (26 or more employees), as of July...
In the words of the great Abraham Lincoln, “Those who deny freedom to others deserve it not for themselves.” However, while we may live in the land of the free , complete and unfettered freedom for all is not always possible. With the Fourth of July just around the...
By Jaimee K. Wellerstein, Esq. On Apr. 24, 2019, in a split 5-4 decision in Lamps Plus, Inc. v. Varela , No. 17-988, the U.S. Supreme Court (SCOTUS) held that courts may not compel class action arbitration unless the parties expressly state their clear intent to...
On March 7, 2019, the U.S. Department of Labor (DOL) announced a new proposed rule that would increase the white-collar salary threshold for exempt executive, administrative and professional employees from the current $23,660 to $35,308 per year. The DOL reports this...
International Women’s Day is a public holiday celebrated every year on March 8. The day is to honor the international movement for women’s rights and the continuous battle to achieve equality for women. Since the first International Women’s Day rally in 1911, people...
On February 4, 2019, in Ward v. Tilly’s, Inc., the California Court of Appeal held employees were due reporting time pay for calling in to work before the start of their shifts to see if they were needed to come in even if they never physically reported to work. Each...
As we ring in the new year, California employers should prepare for a number of new laws.
As spring season is underway, you may work on some spring cleaning, perhaps tend to your plants and flowers that have started blossoming. With winter gone, the days are becoming longer and weather is getting warmer. You may be thinking of ways to take advantage of all...
By: Jaimee K. Wellerstein, Esq. BREAKING NEWS! In a monumental victory for employers in one of the most significant employment rulings in recent history, the Supreme Court of the United States held on Monday, May 21, 2018 in Epic Systems Corp. v. Lewis that class...
On April 9, 2018, the Ninth Circuit Court of Appeals unanimously ruled that employers may no longer consider an employee’s prior salary, either alone or combined with other factors, to justify gender-based pay disparities. However, the Court noted that this new...
On April 9, 2018, the Ninth Circuit Court of Appeals unanimously ruled that employers may no longer consider an employee’s prior salary, either alone or combined with other factors, to justify gender-based pay disparities. However, the Court noted that this new...
By Harold A. Laufer, Esq. Before the purchase or sale of a business is completed, you should expect that an investigation into the business, its operations, financials, and other matters will occur. The buyer always wants to know that it is getting everything it...
by Jaimee K. Wellerstein, Esq. By September 18, 2017, employers must use a new version of Form I-9, Employment Eligibility Verification, which was revised on July 17, 2017 (Form 7/17/2017 N). Until then, employers can continue using the recently revised Form 11/14/16...
Plaintiffs often are led to believe that, at trial, they can recover all amounts of their doctor bills for their medical treatment. We all know that can be a lot of money! However, in 2011, the California Supreme Court held in Howell v. Hamilton Meats &...
By: Jaimee K. Wellerstein, Esq. July Means Numerous Increases To Local Minimum Wage Ordinances! The California state minimum wage will remain intact at $10.50 an hour for employers with 26 or more employees until 2018. However, there are many local minimum wage...
By Harold Laufer, Esq. You’ve worked hard over many years to build a successful business. Maybe you’re starting to think about retiring, or maybe you’ve figured out that the company is now worth so much you ought to consider selling it. Before you just list the...
California Supreme Court rules employees must be fully relieved of all duties during rest breaks, rejecting on-duty and on-call rest periods for employers.
Just two weeks after the new minimum wage laws went into effect, some employers have been taken by surprise at their broad scope. This is what you need to know about the City of Los Angeles ordinances and how they affect businesses outside of the City limits: Minimum...
Summer is officially here, and if you didn’t notice that on the calendar, you certainly did by stepping outside. For most of us, dealing with the heat means nothing more than the brief furnace blast between air-conditioned homes, stores, vehicles, etc. Similarly, for...
If you are considering turning your home into a short-term rental property through AirBnB, the risks may not be worth the benefit down the line.
The case of Blackwell v. Vasilas serves as an important reminder to homeowners to make sure that they hire a licensed contractor.
