On March 19, 2020, California Governor Newsom issued Executive Order N-33-20, which places certain restrictions on Californians in response to the COVID-19 pandemic. Pursuant to the Executive Order, Californians are ordered to stay home, except as needed to maintain continuity of operation of specified essential services, including, hospitals and medical providers, gas stations, pharmacies, grocery stores, take-out Read More…
Impact Of The Families First Coronavirus Relief Act
The Families First Coronavirus Response Act (FFCRA) has gone into effect as of April 1, 2020, and will remain in effect until December 31, 2020. The Act requires all public employers, as well as private employers with fewer than 500 employees, to provide paid sick leave and expanded family and medical leave to employees who Read More…
Pandemic Preparation In The Workplace And The Americans With Disabilities Act
In 2009, during the H1N1 pandemic, the EEOC issued guidelines on how employers can navigate the workplace during a pandemic. The guidelines are applicable to the coronavirus and employers should take measures to comply. Per the ADA, which is applicable to employers with 15 or more employees, an employer is generally prohibited from asking disability-related Read More…
Legal Implications Of COVID-19 Outbreak
The current coronavirus pandemic has thrust all of us into a situation unlike anything our society has experienced in recent history. In the midst of COVID-19, the federal, state, and local governments are implementing new policies and regulations, which will have a large impact on businesses and individuals alike. As we navigate these uncharted waters Read More…
Employees To Receive “Reporting Time Pay” When Required To Call In Ahead of Shift
The California Court of Appeals recently issued a decision in Ward v. Tilly’s, Inc. holding that employers are required to pay employees “reporting time pay” when the employees are required to call in ahead of a shift to determine whether or not they need to work, and are then told not to come in. This Read More…
Section 998 Offers In Post “Me Too” Employment Litigation
In response to the “Me Too” movement, originally a viral social media campaign to raise awareness of sexual harassment and sexual assault (particularly in the workplace), new California laws provide plaintiffs in FEHA claims fewer hurdles to recover damages. In particular, Government Code section 12965(b) could drastically change employment defense strategy with regard to Code Read More…
Arbitration Agreements In Employment Contracts: Cross Your T’s And Dot Your I’s In All Languages
In Juarez v. Wash Depot Holdings, Inc., California’s Second Appellate District Court of Appeal upheld the denial of an employer’s motion to compel arbitration when the arbitration agreement contained in the employee handbook was not the same in the English version as the Spanish version. Plaintiff Carlos Juarez filed a lawsuit alleging thirteen wage-and-hour claims, Read More…
Supreme Court Upholds Enforceability Of Individualized Arbitration Agreements In Employment Contracts
Employers sometimes require their employees to enter into employment contracts requiring employment disputes between the parties to be resolved through individualized arbitration proceedings. Such agreements include a waiver of the employee’s right to participate in class action employment lawsuits. Until recently, the enforceability of individualized arbitration agreements was questionable following a controversial ruling by the Read More…
Eligibility For Unemployment Compensation Benefits In A “Resign Or Be Fired” Scenario In Nevada
Section 612.380 of the Nevada Revised Statutes generally provides that an individual is ineligible to receive unemployment compensation benefits where the person has voluntarily left his or her employment. On May 3, 2018, in the case of Dolores v. State, Dep’t of Employment Sec. Div., the Supreme Court of Nevada determined that an employee’s resignation, Read More…
New Test For Employee Vs. Independent Contractors In California
Business owners need to be aware of a recent landmark decision in California employment law. The California Supreme Court decision, Dynamex Operations West, Inc. v. Superior Court, changes the nearly 30-year-old test for whether a worker is classified as an employee or an independent contractor. The two main takeaways are that (1) it will be Read More…
