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...

The U.S. Department of Labor (DOL) has been very busy recently. In the last COVID-19 update, we addressed the revised and updated FMLA forms published by the Wage and Hour Division (WHD) of the DOL. The DOL has provided additional guidance and forms on various issues...

Non-Supervisory Training Programs Available On-Line While we are all currently overwhelmed addressing workplace concerns related to the COVID-19 pandemic, employers must continue to deal with non-COVID-19 workplace concerns including staying compliant with the...

PFL BENEFITS INCREASED TO 8 WEEKS OF WAGE REPLACEMENT AS OF JULY 1 Employees in California have been able to apply Paid Family Leave (PFL) which provides the employee with partial wage replacement benefits from the EDD if the employee needs to take time off of work...

EDD GUIDANCE ON ELIGIBILITY FOR BENEFITS EMPLOYEES RISK LOSS OF EDD BENEFITS FOR REFUSING REINSTATEMENT The Employment Development Department (“EDD”) has issued a set of FAQ’s regarding unemployment insurance (UI) benefits during the COVID-19 pandemic and specifically...

The Equal Employment Opportunity Commission (EEOC) issued updated guidance on June 11, 2020 for employers to address various COVID-19 issues relating to the ADA, the Rehabilitation Act and other EEO laws.  The new guidance addresses medical examinations, age-related...

As if we did not have enough to cope with managing the on-going COVID-19 pandemic and trying to reopen and resume business operations, its important to remember that the next phase of the local minimum wage increase will take effect on July 1, 2020. While the State of...

RETURNING TO WORK & POTENTIAL EXPOSURES As businesses begin to resume operations and employees return to work, there are going to be occurrences of exposure, or potential exposure, to COVID-19 by your employees. The CDC is continually updating its information to...

U.S. Department of Labor Issues Alert on Social Distancing To Keep Employees Safe at Work During the Coronavirus Pandemic On May 2, 2020,the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) issued an alert listing steps employers can...

TEMPORARY POLICY ON EXPIRED LIST B DOCUMENTS FOR I-9 PURPOSES The United States Citizenship and Immigration Services (USCIS) recently announced a “temporary” policy relating to the documents that may be presented by an employee for purposes of complying with Form I-9...

RETURN TO WORK ASSESSMENT & PLANNING In anxious anticipation of reopening/resuming business, and the eventual return to work there are many employment law and personnel related issues that should be considered. The assessment should not only focus on how to resume...

EEOC OFFERS GUIDANCE ON COVID-19 EMPLOYEE TESTING As employers continue to grapple with maintaining their business operations and as others begin to look forward to resuming their operations, there are many questions which arise as to the safety of the employees,...

LOS ANGELES ISSUES UPDATED AND EXPANDED WORKER PROTECTION AND SAFER AT HOME ORDERS WORKER PROTECTION ORDERS UPDATED On April 10, 2020 Mayor Garcetti issued a revision to the Worker Protection Order which he issued just a few days ago. The revised Order provides...

LA CITY ISSUES TWO NEW ORDERS WORKER PROTECTION ORDER AND SUPPLEMENTAL PAID SICK LEAVE ORDER FOR EMPLOYERS OF 500 OR MORE EMPLOYEES In our continuing effort to provide the latest information and resources relating to the COVID-19 pandemic, the below newsletter details...

The Department of Labor has issued additional guidance adding to and changing some of the previously published Questions and Answers interpreting the Families First Coronavirus Relief Act (FFCRA). Below are excerpts from the updated guidelines (beginning with question...

FFCRA ELIGIBILITY & EMPLOYEE STATUS The Families First Coronavirus Response Act (“FFCRA”), requires that covered employers must provide employees with (i) Paid Sick Leave and (ii) Paid Family Leave for certain Coronavirus-related reasons. The FFCRA becomes effective...

As the Coronavirus continues to spread California has provided additional guidance on which businesses are deemed “essential” and may be able to stay open and operating during these difficult times.  In addition, the U.S. Department of Labor Wage & Hour Division...

FAMILIES FIRST CORONAVIRUS RESPONSE ACT In a continuing effort to provide updated information on the evolving laws that impact the workplace during the COVID-19 crisis, below is a brief summary of The Emergency Families First Coronavirus Response Act (the “Act”) which...

In an effort to keep clients and friends of Elkins Employment Law current on the most recent information, below you will find additional guidelines and resources to assist during this difficult period of time. LAYOFFS, FURLOUGHS, TERMINATIONS & WARN ACT NOTICE...

As the world seeks to respond to the COVID-19 virus outbreak, employers and employees have many concerns. Some of the basic and easiest suggestions and recommendations for the workplace, and elsewhere are:  1) Social distancing; 2) Working from home; 3) Maintaining a...

With the California primary election just around the corner, employers need to be mindful of California law which allows employees up to two hours of paid time to vote in a statewide election if they do not have sufficient time to vote outside of working hours....

On January 31, 2020, the US Citizenship and Immigration Services (USCIS) finally published the updated Form I-9, as the prior form “expired” on 8/31/2019. Click here for the form. Employers may use either this new version (which is marked with a 10/21/19 revision...

The Department of Fair Employment and Housing (DFEH) publishes posters and information sheets that provide employees and employers with information pertaining to their rights and obligations in the workplace.  The DFEH also publishes several brochures and fact sheets...

As in the prior several years, the California minimum wage shall increase effective January 1, 2020. Increase Is Dependent on Number of Employees The amount of the increase is dependent on the number of employees. However, determining the number of employees is not...

Current law requires that an employer must provide a reasonable amount of break time to allow employees to express breast milk. The break time shall, if possible, run concurrently with any break time already provided to the employee. Such break time that does not run...

At the end of this year’s legislative session 870 bills were signed into law by Governor Gavin Newsom, many of which will have significant impact upon California employers including the widely publicized law regarding independent contractor classifications. Below is a...

On September 24, 2019 the U.S. Department of Labor announced a final rule updating the earnings threshold necessary to exempt executive, administrative, or professional employees from the FLSA's minimum wage and overtime pay requirements and allows employers to count...

As we reported previously, the California Supreme Court, on April 30, 2018, ruled in the Dynamex v. Superior Court case that to properly classify a worker as an independent contractor, as opposed to a W-2 employee, they must meet the strict new “ABC” test.  Recently...

On August 30, 2019 Governor Newsom signed legislation (SB 778) which extends the deadline to complete the anti-harassment training from January 1, 2020 until January 1, 2021. The bill also provides clarification on the timing of retraining requirements for employees...

On July 3, 2019 California became the first state to ban workplace and school discrimination against the wearing of hairstyles such as braids, twists and locks when Gov. Gavin Newsom signed into law SB 188.  This new legislation aims to create a respectful and open...

The next phase of the minimum wage increase, for many local jurisdictions, will take effect on July 1, 2019.  If your business is located, or if your employees perform work, in certain local jurisdictions you must comply with the minimum wage for your city or county...

New California Family Rights Pregnancy Disability & New Parent Leave Poster Requirement- April 1, 2019 The Department of Fair Employment and Housing has updated its poster on the California Family Rights Act and Pregnancy Disability Leave to include information about...

In a recent California Court of Appeal decision, the Court held that employees scheduled for “on-call” or “call-in” shifts may be entitled to “reporting time pay” even if the employee does not physically report to work. Summary of the Facts The employer, Tilly’s, is a...

The Department of Fair Employment and Housing (DFEH) publishes posters that provide information to employers and employees pertaining to California’s civil rights laws. These posters must be displayed in the workplace. The DFEH also publishes several brochures and...

In a follow-up to our newsletter following Governor Brown’s signing of many new employment law bills, the below summarizes some of the additional new pieces of legislation impacting employers in 2019. INDEPENDENT CONTRACTORS - AN UPDATE The law relating to independent...

As a reminder, effective January 1, 2019, the state of California and many local cities and counties will have the next step in their minimum wages increase. Below is a summary of these increases. STATE OF CALIFORNIA The State’s minimum wage will increase as of...

As the holiday season approaches and as we look forward to celebrating with our friends and colleagues, employers must keep in mind the "do's and don't's" of office holiday parties. With some careful planning employers can avoid or minimize the post-holiday party...

NEW PROTECTIONS AGAINST NATIONAL ORIGIN DISCRIMINATION The California Fair Employment and Housing Council (FEHC) recently issued new regulations that provide a more detailed definition of “national origin” and “national origin groups”. The new regulations also set...

RECENTLY PASSED LEGISLATION DEFAMATION SUITS & SEXUAL HARASSMENT CLAIMS Governor Brown has recently signed Assembly Bill 2770 entitled Privileged Communications: communications by former employer: sexual harassment. AB 2770 (Irwin; D-Thousand Oaks). This bill takes...

MINIMUM WAGE INCREASE REMINDER As a reminder to California employers, the next phase of the minimum wage increase, for many local jurisdictions, took effect on July 1, 2018. If your business or employees are located in certain local jurisdictions you must comply with...

INTERNS...TO BE OR NOT TO BE ... PAID As the summer months approach, many students will begin looking for work and some will offer to work for free as an “unpaid” intern, to gain experience in their chosen field.  Employers beware as there are very few instances in...

THE NEW “ABC’S” OF INDEPENDENT CONTRACTOR STATUS As California employers are well aware, the issue of whether a worker is properly classified as an “employee” or an “independent contractor” has long been a concern.  Misclassification can lead to potential legal...

E-Verify is a web-based system that allows enrolled employers to confirm the eligibility of their employees to work in the United States. E-Verify employers verify the identity and employment eligibility of newly hired employees by electronically matching information...

IMMIGRANT WORKER PROTECTION ACT RESTRICTS IMMIGRATION ENFORCEMENT AT WORKSITES In 2017, Governor Brown signed the Immigrant Worker Protection Act (IWPA) which took effect on January 1, 2018. IWPA was California’s response to the anticipated increase in federal...

Employee Benefits for Small Employers:  Your Questions Answered By: Marilyn A. Monahan is the owner of Monahan Law Office in Marina del Rey. Small businesses often have questions about the types of health and welfare benefits they can offer to their employees (or to...

The Adult Use Of Marijuana Act (Proposition 64) (the Act) provides that public and private employers are allowed to enact and enforce workplace policies pertaining to marijuana and are allowed to maintain a drug and alcohol-free workplace. Proposition 64 provides that...

The California Division of Labor Standards Enforcement (DLSE) (aka the Labor Commissioner) recently issued a Frequently Asked Questions (FAQ) memo regarding rest breaks and lactation accommodation. Click here for a link to the FAQs.    Rest Breaks: California...

In July, 2017, California’s Department of Fair Employment and Housing (DFEH) regulations were amended to expand protections for transgender rights in the workplace.  The additional protections included making it unlawful for an employer: to discriminate against an...

BAN THE BOX UPDATE Most employment application forms have an inquiry requiring applicants to disclose information about their prior criminal convictions before the employer even considers the applicant. The City of Los Angeles implemented a "ban the box" law earlier...