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EMPLOYERS BEWARE – EMPLOYEES PURSUING NEW TYPES OF LAWSUITS

POTENTIAL JOINT EMPLOYER LIABILITY WITH STAFFING AGENCIES Employers (referred to as “client-employer”) who obtain workers through a “labor contractor” (e.g. staffing agencies) can be held liable for the wage and hour violations committed by the staffing agency even if the employer has already paid the staffing agency for the labor services provided. This liability was created… Continue Reading


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LEGAL CONSIDERATIONS WITH REMOTE WORKERS

Prior to COVID-19 working remotely was not a common-place occurrence for businesses; however, with the concerns surrounding returning to work in this COVID-19 era, working remotely may be an option for employees that continues for some time. There are numerous factors that should be taken into consideration when dealing with a remote work force. Reimbursement of… Continue Reading


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NEW NOTICE REQUIREMENTS ON COVID-19 & WORKERS COMPENSATION UPDATE

NEW LAW IMPOSES NOTIFICATION REQUIREMENTS ON EMPLOYERS On September 17, 2020, Governor Newsom signed Assembly Bill (“AB”) 685 which imposes upon employers the requirement to provide written notifications to employees within one business day of receiving notice of potential exposure to COVID-19. In addition, employers must submit a report to Cal-OSHA. The law takes effect on January… Continue Reading


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DEPARTMENT OF LABOR & EEOC ISSUE UPDATES

On Friday, September 11, 2020, the Department of Labor (DOL) issued revised FFCRA regulations that will be formally published on September 16. When the FFCRA was signed into law on March 18, 2020 it required employers with fewer than 500 employees to provide up to 80 hours of leave at full pay to employees who… Continue Reading


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AB 5 AND INDEPENDENT CONTRACTOR LAW REVISED !!!

As we all know, AB5 was passed into law on January 1, 2020, which entirely changed the landscape relating to the classification of certain workers as independent contractors. Specifically it codified and expanded the “ABC” test, which had been adopted by the 2018 California Supreme Court decision in Dynamex Operations W. Inc. v. Superior Court. One… Continue Reading


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CALIFORNIA ISSUES BLUEPRINT FOR REOPENING

On Friday August 28, 2019 Governor Newsom issued a Blueprint for a Safer Economy which provides a risk-based criteria on tightening and loosening COVID-19 permitted activities. The Blueprint is based on a 4 tier structure setting forth different restrictions for different industries. Every county in California is assigned to a tier based on its rate of new cases… Continue Reading


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MANAGING EMPLOYEE SCHEDULES AND TIME OFF – NEW DEPT. OF LABOR FAQS ON SCHOOL CLOSURES

REMOTE LEARNING, CHILD CARE CLOSURES AND EMPLOYEE TIME OFF Managing work schedules of employees to accommodate their needs due to the closure of schools and/or child care facilities due to COVID-19 and/or for those employees whose children are home due to remote learning is a difficult issue. Employees may be entitled to paid time off under… Continue Reading


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U.S. DEPARTMENT OF LABOR PUBLISHES ADDITIONAL GUIDANCE

U.S. DEPARTMENT OF LABOR PUBLISHES ADDITIONAL GUIDANCE ON WAGE AND HOUR RULES,FAMILY AND MEDICAL LEAVE AS WORK PLACES REOPEN On July 24, 2020, the U.S. Department of Labor published additional guidance for workers and employers on how the protections and requirements of the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA),… Continue Reading


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New California’s Employer Playbook for a Safe Re-Opening & FFCRA Resources

On July 24, 2020, the California Department of Public Health released its Employer Playbook For a Safe Reopening providing a summary of information, links and general guidance for California employers related to COVID-19 and safely re-opening business operations. The Playbook, which consists of 32 pages, contains links to state and local resources, provides checklists and… Continue Reading