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THE CONTINUING SAGA OF PAGA….

THE CONTINUING SAGA OF PAGA.... As has been widely reported in recent weeks, the Supreme Court of the United States (SCOTUS) issued a ruling which was very favorable for employers in relation to PAGA actions - Viking River Cruises, Inc., v. Moriana. In the Viking...

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PAGA…. THE CONTINUING SAGA

As has been recently and widely reported, the U.S. Supreme Court’s long await decision in the Viking River Cruise v Moriana case held, in essence, that California employers can include a Private Attorney General Act (PAGA) waiver in employment arbitration agreements,...

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IRS MILEAGE RATE & MINIMUM WAGE INCREASE EFFECTIVE JULY 1st

IRS MILEAGE RATE INCREASE Effective July 1, 2022 through December 2022, the IRS optional standard mileage reimbursement rate for business travel will increase from 58.5 cents to 62.5 cents per mile. The IRS has stated the “IRS is adjusting the standard mileage rates...

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WHAT’S ON THE HORIZON

MINIMUM WAGE INCREASE SET FOR JULY 1ST Effective July 1, 2022, all non-exempt employees covered by the Los Angeles Minimum Wage Ordinance will be required to be paid the new minimum wage of $16.04. A copy of the Wage Ordinance can be found here. The current applicable...

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SUPPLEMENTAL PAID SICK LEAVE POSTER

As we have reported in previous newsletters, California has enacted the 2022 COVID-19 Supplemental Paid Sick Leave law requiring employers with 26 or more employees provide two separate “buckets” of 40 hours each of paid sick leave for qualifying reasons. The law goes...

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SUPPLEMENTAL PAID SICK LEAVE FAQ’S ISSUED

The Division of Labor Standards Enforcement has issued its FAQ’s which provides clarification and further explanation as to the implementation of the 2022 Covid-19 Supplemental Paid Sick Leave (SPSL) benefits. The FAQ’s address the following topics which are...

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SUPPLEMENTAL COVID-19 PAID SICK LEAVE GOES INTO EFFECT

As we recently reported the California legislature had proposed a COVID-19 Supplemental Paid Sick Leave bill (AB 84) which would provide for the payment of Supplemental Paid Sick Leave benefits to employees similar to the law which expired in September 2021. The law...

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2022 COVID-19 SUPPLEMENT PAID SICK LEAVE 3.0

As has been in the recent news reports, on January 25, 2022 Governor Newsom announced that California will be implementing a new version of Covid-19 Supplemental Paid Sick leave (SPSL). While the final terms of the bill have not been announced, based on the draft...

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CAL/OSHA UPDATES FAQ’S AND GUIDANCE

On January 14, 2022, Cal-OSHA’s revised Emergency Temporary Standards became effective. To assist employers with compliance, an updated FAQ and additional Fact Sheets were issues. FACT SHEET ON ISOLATION & QUARANTINE The Fact Sheet provides workers and employers with...

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MASK UPDATE AND EXCLUSION PAY REMINDER

LADPH REQUIRES EMPLOYERS TO PROVIDE MEDICAL GRADE MASKS On January 5, 2022, the Los Angeles County Dept of Public Health issued updated guidance (effective January 6, 2022) which provides: Requires all employers to provide face masks to all employees “who work indoors...

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MINIMUM WAGE INCREASE TO TAKE EFFECT JANUARY 1ST

On January 1, 2022, the California state minimum wage increased and is set to increase again next year as follows: CALIFORNIA MINIMUM WAGE RATE Effective Date Employers With 26 or More Employees Employers With 25 or Fewer Employees 1/1/2022 $15/hour $14/hour 1/1/2023...

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NEW EMPLOYMENT LAWS IN 2022

As we begin the new year, it’s time to review the new laws that became effective January 1st. While not as expansive as in prior years, there are several new laws impacting the workplace. Below is a summary of the new employment laws that should be noted. Personnel...

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CA DEPT. OF PUBLIC HEALTH UPDATED GUIDANCE

California Department of Public Health’s Modified Recommendations On Isolation and Quarantine On December 30, 2021, the California Department of Public Health (CDPH) issued updated guidance for the General Public which reduced the amount of time for isolation and/or...

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COVID-19 VACCINATIONS, HIPPA AND THE WORKPLACE

EMPLOYMENT LAW COVID-19 UPDATE In response to numerous inquiries on the status of vaccination records and related information, the Health & Human Services (HHS) Office for Civil Rights (OCR) issued guidance entitled “HIPAA, COVID-19 Vaccination, and the Workplace”...

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LOCAL MINIMUM WAGE INCREASE TO TAKE EFFECT JULY 1ST

The next phase of the minimum wage increase for many jurisdictions will take effect on July 1, 2021. If your business is located in, or if your employees perform work in, certain jurisdictions you must comply with the “local” minimum wage for your city or county if...

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CAL/OSHA UPDATES EMERGENCY TEMPORARY STANDARDS

On June 17, 2021, the Cal/OSHA Standards Board approved the revised COVID-19 Prevention Emergency Temporary Standards (ETS) which are more aligned with the CDC and the California Department of Public Health ("CDPH") guidance regarding masks and social...

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CAL OSHA –FAQ’S UPDATED

As has been widely reported, the Cal/OSHA’s Standards Board approved what was expected to be revisions to the November 2020 Emergency Temporary Standards (ETS) at the June 3rd meeting, with an expected effective date of June 14th.  In a surprise move Cal/OSHA withdrew...

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CALIFORNIA DEPT. OF PUBLIC HEALTH UPDATE

EMPLOYMENT LAW COVID-19 UPDATE CALIFORNIA DEPT. OF PUBLIC HEALTH UPDATE June 1, 2021 BEYOND THE BLUEPRINT As has been widely discussed, the state will be moving towards a full “reopening” as of June 15, 2021 and in anticipation of that event, the California Department...

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NEW LOS ANGELES COUNTY VACCINE PAID LEAVE

EMPLOYMENT LAW COVID-19 UPDATE NEW LOS ANGELES COUNTY VACCINE PAID LEAVE May 24, 2021 On May 18, 2021 Los Angeles County passed yet another paid leave ordinance (Employee Paid Leave for Expanded Vaccine Access” Ordinance No. 2021-0024U) requiring, in most instances,...

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VACCINES & WORKPLACE PROTOCOL- WHAT’S NEW?

EMPLOYMENT LAW COVID-19 UPDATE VACCINES & WORKPLACE PROTOCOL- WHAT’S NEW? May 21, 2021 Pending California moving to full “reopening”, which is anticipated to be on or about June 15, 2021, many state, federal and local agencies have issued updated guidance, orders,...

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LABOR COMMISSIONER FAQ & POSTER REQUIREMENTS

EMPLOYMENT LAW COVID-19 UPDATE LABOR COMMISSIONER FAQ & POSTER REQUIREMENTS March 24, 2021 As we recently reported in our prior newsletter, Governor Newsom signed SB 95 into law on March 19th reviving California’s COVID-19 Supplemental Paid Sick Leave for businesses...

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THE AMERICAN RESCUE PLAN ACT OF 2021

EMPLOYMENT LAW COVID-19 UPDATE THE AMERICAN RESCUE PLAN ACT OF 2021 March 19, 2021 On March 11, 2021 President Biden signed into law the American Rescue Plan Act of 2021 (ARPA) which includes not only the stimulus checks that most Americans are eagerly awaiting, but...

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COVID-19 DFEH UPDATE ON VACCINATIONS

EMPLOYMENT LAW UPDATE - COVID 19 DFEH UPDATE ON VACCINATIONS March 11, 2021 On March 4, 2021, the Department of Fair Employment and Housing updated their FAQ’s on COVID-19.  This update addresses the issue of vaccinations in the workplace. The full FAQ’s can be found...

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NEW CALIFORNIA REPORTING REQUIREMENTS

EMPLOYMENT LAW UPDATE (NON-COVID-19 ) CALIFORNIA PAY DATA REPORTING DEADLINE APPROACHES February 22, 2021 The obligation to report certain pay data through the annual EEO-1 report has been a long standing requirement for private employers with 100 or more employees....

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COVID-19 VACCINATIONS UPDATE

COVID-19 VACCINATIONS UPDATE January 28, 2021 As the distribution of the COVID-19 vaccinations become more readily available, there are no doubt many questions that will arise.  In answer to some of these questions, employers should look to state, local and federal...

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NEW FAQ’S ON CAL-OSHA’S ETS

Cal/OSHA Issues Updated FAQs on ETS January 18, 2021 On January 8, 2021 Cal-OSHA published new Frequently Asked Questions to assist with the implementation of the Emergency Temporary Standards (ETS) that were issued in November 2020. The FAQs help clarify and answer...

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FFCRA EXPIRED…NOW WHAT?

MANDATORY FFCRA BENEFITS EXPIRED  January 11, 2021 When the FFCRA was enacted, private employers with 500 or fewer employers were required to provide employees with up to 80 hours of paid sick leave and up to 10 weeks of paid expanded family leave for specified...

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MINIMUM WAGE INCREASE REMINDER-JANUARY 1, 2021

MINIMUM WAGE INCREASE REMINDER - JANUARY 1, 2021 December 9, 2020 Employers are reminded that on January 1, 2021, the state minimum wage will increase despite so many businesses having been hit with drastic economic fallout from the COVID-19 pandemic.  Requests have...

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CAL OSHA STRICT NEW STANDARDS IMPOSED ON EMPLOYERS

CAL OSHA STRICT NEW STANDARDS IMPOSED ON EMPLOYERS December 4, 2020 In response to the continuing surge in COVID-19 cases, on November 30, 2020 the Cal OSHA Standards Board approved new Emergency Temporary Standards (ETS) imposing significant and substantial new...

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MORE NEW LAWS… YES SERIOUSLY….

As we prepare for cooler weather, and the upcoming holiday season, we also need to prepare for the many new employment laws that will take effect January 1, 2021. In the final days before the deadline to sign or veto proposed legislation, Governor Newsom was busy...

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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...

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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...

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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...

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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...

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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...

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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...

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