E-Update | Paul, Plevin, Sullivan & Connaughton LLP

July 16, 2021 California Supreme Court: One Hour California Meal and Rest Period Penalty Must Include Commissions and Non-Discretionary Bonuses

On Thursday, the California Supreme Court issued its decision in Ferra v. Loews Hollywood Hotel, LLC, in which it ruled that the one hour of pay employers are required to provide employees for non-compliance with California’s meal and rest period ...

June 17, 2021 Health & Safety Board Adopts, and Governor Newsom Expedites, New CA COVID-19 Workplace Safety Rules

After a month of flipflopping on how best to revise the COVID-19 Emergency Temporary Standards governing California workplaces (ETS), the California Occupational Safety and Health Standards Board (OSHSB) today voted to approve changes to the ETS ...

June 10, 2021 Updates to Cal/OSHA’s COVID-19 Emergency Temporary Standards for the Workplace Put on Hold, Once Again, Because of Conflicts with Other Public Health Guidance

Following an emergency meeting on Wednesday afternoon, the California Occupational Safety and Health Standards Board (OSHSB) withdrew the Emergency Temporary Standards (ETS) it revised just last week, which had already been submitted to the Office...

June 4, 2021 Health & Safety Board Approves Long-Awaited Updates to Cal/OSHA’s COVID-19 Emergency Temporary Standards (ETS) for the Workplace

Last night, at the conclusion of a nine-hour public meeting, the California Occupational Safety and Health Standards Board (OSHSB) unanimously voted to approve long-awaited revisions to the current ETS, which were implemented last November. The re...

April 6, 2021 Employers’ Role in the Rescue – New COBRA Subsidy Requirement

The American Rescue Plan Act of 2021 (“ARPA”) contains several employer mandates, including a requirement to fully subsidize the cost of continuing health coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA) for eligib...

March 22, 2021 New California Supplemental Paid Sick Leave Law Takes Effect March 29

On Friday, Governor Newsom signed SB 95, which requires California employers with 25 or more employees to provide employees with a brand new bank of supplemental paid sick leave for COVID-related reasons (SPSL), including to employees seeking vacc...

March 12, 2021 Creating a COVID-19 Vaccination Policy - Worth a Shot?

Since the onset of the COVID-19 pandemic, employers have had to make sweeping changes to the workplace, navigate complex health and safety rules, and make one tough decision after the other—and, the pressure remains on. T...

Feb. 8, 2021 Employers With 100+ Employees: Pay Data Reporting Deadline Coming Soon

We know you are incredibly busy managing COVID protocols in your workplace, but we wanted to remind you of an important pay equity reporting deadline that is just around the corner.

Dec. 28, 2020 Top Five Legal Changes and New Compliance Obligations for California Employers In The New Year

As employers rush to complete their year-end work, we offer this brief reminder of the most notable new California employment laws taking effect in the new year, some of which may require changes to existing policies or practices.

Dec. 2, 2020 Cal/OSHA’s Newly Approved Emergency Temporary Standards RE: COVID-19 Call for Immediate Action by Employers

On November 19, 2020, the California Department of Industrial Relations’ (“DIR”) Occupational Safety and Health Standards Board (“Board”) unanimously adopted emergency temporary standards to protect workers from hazards related to COVID-19. On Nov...

Oct. 9, 2020 California Significantly Expands Its Family and Medical Leave Law: Small Employers Are Now Covered & All Employers Have New Obligations

California employers are facing another sizable round of new laws out of Sacramento this year, some of which will require concerted preparation before January 1st. One such new law, SB 1383, expands the California Family Rights Act (CFRA) in a num...

Sept. 16, 2020 U.S. Department of Labor Implements Minor Revisions To Its Families First Coronavirus Response Act (“FFCRA”) Regulations

Today, two minor changes to the DOL’s regulations interpreting the FFCRA go into effect: (1) the definition of “health care provider(s)” who may be denied paid leave under the Act has been narrowed; and (2) the timeline for employees to provide do...

Sept. 15, 2020 Governor Newsom Signs Bill Expanding COVID-19 Supplemental Paid Sick Leave

Last week, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), a law intended to fill in perceived “gaps” left by the federal Families First Coronavirus Response Act (“FFCRA”) paid sick leave law. (The FFCRA applies only to employers with fewer...

July 23, 2020 DOL Issues New Guidance Regarding FFCRA, FLSA, and FMLA

Since the Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020, the Department of Labor (“DOL”) has issued several rounds of guidance, a temporary rule, and a final rule interpreting the new law and defining empl...

July 2, 2020 The Department of Labor Issues New Guidance Regarding Employee Eligibility for FFCRA Leave Due to Closure of Summer Programs and Child Labor Rules

On June 26, 2020, the Department of Labor (“DOL”) issued two new pieces of guidance regarding the COVID-19 pandemic. In Field Assistance Bulletin No. 2020-4, the DOL clarified when employees may be eligible for Families First Coronavirus Response ...

June 18, 2020 EEOC Clarifies that Employers May Not Require COVID-19 Antibody Tests as a Condition of Employment

Yesterday, the EEOC updated its COVID-19 guidance to state that in light of guidance from the Centers for Disease Control and Prevention (CDC), the use of a COVID-19 antibody test as a condition of employment would violate the Americans With Disab...

June 16, 2020 Landmark Ruling from the Supreme Court Enhances LGBTQ Employment Protections; Guidance from the EEOC on COVID-19 Issues

U.S. Supreme Court: Title VII Protects LGBTQ Workers From DiscriminationOn Monday, in a 6-3 decision, the U.S. Supreme Court in Bostock v. Clayton County held that an employer who discriminates against an employee because the employee is homosex...

May 11, 2020 New Workplace Rules for San Diego County and New Guidance from the EEOC

San Diego County Issues an Updated Public Health Order and the Equal Employment Opportunity Commission Issues Revised Accommodation GuidanceOn May 7, 2020, San Diego County issued a revised public health order regarding the COVID-19 pandemic. The...

April 22, 2020 The Families First Coronavirus Response Act: Updated Guide for Employers

Since the Families First Coronavirus Response Act (“FFCRA”) was signed into law on March 18, 2020, the Department of Labor (“DOL”) has issued multiple rounds of guidance, a temporary rule and a final rule interpreting the new law and defining empl...

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