Category Archives: Coronavirus

Five New Employment Laws that Every California Employer Should Know

A new year brings new employment laws for California employers. California employers will want to begin revising employee policies and handbooks now, so that they are prepared to comply with these new laws when the majority of them go into effect on January 1, 2023. Here are five new employment laws that every California employer … Continue Reading

October 2022 California Employment Law Notes

We invite you to review our newly-posted October 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Hollywood Producer Is Not Liable For Drowning Death Of Executive Assistant Employer May Not Inquire Into Former Employee’s Immigration Status Workers’ Comp Determination Does Not Govern … Continue Reading

FEHA Employee Who Was Working Remotely May Sue In County Where She Lived

By Tony Oncidi on October 9, 2022 Posted in Coronavirus, COVID-19, Discrimination

Malloy v. Superior Court, 2022 WL 4298371 (Cal. Ct. App. 2022) Eleanor Malloy began working remotely for her employer (which was located in Orange County) at her home in Los Angeles County in March 2020 due to the COVID-19 pandemic. Malloy filed a complaint in the Los Angeles Superior Court, alleging pregnancy discrimination under the … Continue Reading

California Employment Laws Passed and Pending

By Tony Oncidi and Sehreen Ladak on September 21, 2022 Posted in California Labor & Employment Law, CFRA, Collective Bargaining, Coronavirus, COVID-19, Discrimination, Employee Benefits, FEHA, Hiring, Leaves of Absence, New and Proposed Laws and Legislation, Paid Sick Leave

It just wouldn’t be Fall without the passage of a flurry of new laws, shaking up the employment landscape in California. As of the close of the legislative session on August 31, several “job killer” bills (so called by the California Chamber of Commerce as reported here and here) passed the state legislature and are … Continue Reading

Hollywood Updates Its COVID-19 Protocols As Los Angeles Covid Rates Surge

By Kate Gold and Sehreen Ladak on July 25, 2022 Posted in Coronavirus, COVID-19, Entertainment Industry, News

Amid a recent surge in COVID-19 cases and hospitalization rates in Los Angeles, the Alliance of Motion Picture and Television Producers (“AMPTP”) announced an extension of and modifications to the existing Return-to-Work Agreement between the Directors Guild of America, the AMPTP, IATSE, SAG-AFTRA, and other industry stakeholders. The prior iteration of the Agreement had been … Continue Reading

California Supreme Court to Determine Scope of Employer Liability for At-Home Spread of COVID-19

By Kate Gold and Morgan Peterson on June 27, 2022 Posted in California Labor & Employment Law, Coronavirus, COVID-19, Negligence, Workers Compensation

Last week, the California Supreme Court agreed to decide two unique questions with far-reaching implications for employer liability: (1) may an employer be held liable to an employee’s spouse when an employee contracts COVID-19 in the workplace and then infects their spouse at home, and (2) does an employer have a duty of care to … Continue Reading

Employee with Mild Symptoms of COVID-19 Was Not “Disabled” Under California Law

By Tony Oncidi and Wesley C. Shelton on May 25, 2022 Posted in California Labor & Employment Law, Coronavirus, COVID-19, Disability, FEHA

In Michelle Roman v. Hertz Local Edition Corp., a United States District Court Judge for the Southern District of California granted summary judgment in favor of Hertz, and against former employee Michelle Roman, whose employment was terminated after she contracted COVID. Roman claimed that her job should have been protected by the California Fair Employment … Continue Reading

California Safety Board Updates COVID-19 Emergency Temporary Standards

By Mark Theodore and Dixie Morrison on May 6, 2022 Posted in Coronavirus, COVID-19

California’s Occupational Safety and Health Standards Board has voted for the third time to readopt and revise the Cal/OSHA COVID-19 Emergency Temporary Standards (“ETS”), which lay out guidelines for testing, masking, and other COVID-19 prevention measures for employers to follow with respect to their employees and workspaces. The most recent ETS took effect on May 6. … Continue Reading

March 2022 California Employment Law Notes

We invite you to review our newly-posted March 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: California Relaxes Standard For Proving Whistleblower Claims At-Will Employee Can Proceed With Labor Code § 970 Claim Doctor Proved Age/Race/Gender Discrimination Former Owner of Company Is … Continue Reading

OSHA’s COVID-19 Vaccine Mandate Exceeded Its Statutory Authority

By Tony Oncidi on March 17, 2022 Posted in Coronavirus, COVID-19, U.S. Department of Labor, U.S. Supreme Court, Workplace Safety

National Fed’n of Indep. Bus. v. OSHA, 595 U.S. ___, 142 S. Ct. 661 (2022) The United States Secretary of Labor, acting through the Occupational Safety and Health Administration, enacted a vaccine mandate that would have required employers with at least 100 employees to require their employees (approximately 84 million workers) to receive a COVID-19 … Continue Reading

New Variants, New Regulations: Updates to the Emergency COVID Standards Take Effect January 14th

By Tony Oncidi, Philippe A. Lebel and Morgan Peterson on January 11, 2022 Posted in Coronavirus, COVID-19

Last month, California’s Occupational Safety and Health Standards Board (“OSHSB”) readopted and revised the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”). By and large, OSHSB’s revised ETS retain most of the key requirements of the prior version, which had last been updated last June (as we reported here). However, the revised ETS, which will take … Continue Reading

Los Angeles Employers Now Must Provide and Monitor Masks in the Workplace

By Tony Oncidi, Philippe A. Lebel and Dixie Morrison on January 9, 2022 Posted in Coronavirus, COVID-19

The Los Angeles County Department of Public Health, which has responsibility for the County’s more than 10 million residents, kicked off the new year with a brand new Health Officer Order on January 5, 2022. Among other changes, the new Health Officer Order imposes significant requirements on employers with respect to face coverings (effective January … Continue Reading

Los Angeles City Council Approves Sweeping Vaccine Ordinance for Indoor Establishments

By Tony Oncidi, Philippe A. Lebel and Ariel Brotman on October 7, 2021 Posted in California Labor & Employment Law, Coronavirus, COVID-19, New and Proposed Laws and Legislation

Following New York City and San Francisco, Los Angeles is the latest city to require proof of vaccination for individuals entering indoor portions of establishments. This ordinance, which the Los Angeles City Council approved in an 11-to-2 vote, takes effect November 4, 2021. However, beginning October 21, 2021, the ordinance requires businesses and City facilities … Continue Reading

California Encourages Mandating Employee COVID-19 Vaccinations

By Tony Oncidi and Ariel Brotman on August 23, 2021 Posted in Coronavirus, COVID-19, Employment Policies

Due to the recent increase in COVID-19 cases, California officials are recommending that private employers require their employees to be vaccinated against COVID-19 or face regular testing. In an article in the Sacramento Business Journal, Governor Gavin Newsom’s senior advisor and director of the Governor’s Office of Business and Economic Development, Dee Dee Myers, called … Continue Reading

California Safety Board Narrows Emergency Temporary Standards (Effective Immediately)

By Tony Oncidi, Kate Gold, Philippe A. Lebel and Wesley C. Shelton on June 18, 2021 Posted in Coronavirus, COVID-19

As we previously reported (here), Cal/OSHA’s Occupational Safety and Health Standards Board (“OSHSB”) held a series of special meetings to revise its controversial Emergency Temporary Standards (“ETS”) related to the ongoing COVID-19 pandemic. And, on June 17, 2021, OSHSB approved updated ETS language that more closely aligns California’s workplace safety requirements with recommendations from the … Continue Reading

California Revokes Controversial Masking Rules

By Tony Oncidi, Philippe A. Lebel and Michelle Lappen on June 10, 2021 Posted in Coronavirus, COVID-19

As we previously reported (here), on June 3, 2021, California’s Occupational Safety and Health Standards Board (“OSHSB”) approved some controversial revisions to its Emergency Temporary Standards (“ETS”) related to COVID-19. Among other highly-contested provisions, the updated ETS would have required even fully-vaccinated individuals to don masks indoors unless everyone in a room was fully-vaccinated. However, … Continue Reading

California Workers Can’t Ditch Masks Just Yet

By Tony Oncidi, Kate Gold and Philippe A. Lebel on June 4, 2021 Posted in Coronavirus, COVID-19

In a closely-watched vote, yesterday (June 3, 2021), California’s Occupational Safety & Health Standards Board approved controversial amendments to the Emergency Temporary Standards (“ETS”) related to COVID-19. If approved by the Office of Administrative Law within the 10 day review period, the new ETS (available here) will require (among many other things) most California workers … Continue Reading

Alleged Employer Violation of a Local Ordinance Cannot Support a Wrongful Discharge Claim

By Tony Oncidi, Philippe A. Lebel and Michelle Lappen on May 21, 2021 Posted in California Labor & Employment Law, Coronavirus, COVID-19, Wrongful Termination

The California Court of Appeal has determined that a wrongful discharge claim cannot be based upon an alleged violation of a municipal ordinance. Bruni v. The Edward Thomas Hospitality Corporation. The California Supreme Court has previously ruled that wrongful termination claims must be based upon a violation of a “fundamental public policy.” In the years … Continue Reading

Big Brother Comes to Santa Clara County with Latest COVID-19 Order

By Tony Oncidi and Philippe A. Lebel on May 20, 2021 Posted in Coronavirus, COVID-19

On May 18, 2021, Santa Clara County issued a new Order of the Health Officer (the “Order”) that took effect on May 19th. Of particular note, the Order imposes two new obligations: First, it mandates that employers require all personnel to immediately alert their employer if they test positive for COVID-19 and were present in … Continue Reading

Opening Up To the New Normal

By Kate Gold and Michelle Lappen on April 13, 2021 Posted in Coronavirus, COVID-19

With COVID-19 cases falling and vaccination rates increasing, the County of Los Angeles is updating guidance for reopening the economy. Effective Monday, April 5, 2021, Los Angeles County non-essential office-based businesses can now reopen indoors, at 50% capacity, per the new County of Los Angeles Department of Public Health Order of the Health Officer. This … Continue Reading

One More for Good Measure: Another Round of Mandatory Vaccination Guidelines

By Tony Oncidi and Michelle Lappen on March 30, 2021 Posted in Coronavirus, COVID-19, Employment Policies, Wage and Hour

The California Department of Industrial Relations (DIR) recently updated its Guide to COVID-19 Related Frequently Asked Questions to include wage and hour issues related to employer-mandated COVID-19 tests or vaccinations. According to this latest guidance, if an employer requires employees to obtain a COVID-19 test or vaccination, the employer must pay “for the time it takes for … Continue Reading

Statewide Supplemental Paid COVID-19 Sick Leave Resuscitated, Expanded, and Retroactive Back to January 1, 2021

By Kate Gold, Michelle Lappen and Dylan K. Tedford on March 22, 2021 Posted in Coronavirus, COVID-19, Leaves of Absence, Paid Sick Leave

On Thursday, March 18, the California Legislature passed Senate Bill 95 (“SB 95”) which will provide statewide supplemental paid COVID-19 sick leave, retroactively to January 1, 2021. Governor Newsom signed SB 95 on Friday, March 19. California’s previous supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. Since then, California employers have … Continue Reading

Keeping it Local to Extend COVID-19 Emergency Paid Sick Leave Ordinances

By Tony Oncidi and Michelle Lappen on March 12, 2021 Posted in Coronavirus, COVID-19, Leaves of Absence, Paid Sick Leave

California’s supplemental paid COVID-19 sick leave (covered here) expired on December 31, 2020. The Families First Coronavirus Response Act (FFCRA) also expired on December 31, 2020. Nevertheless, many local jurisdictions have extended emergency paid sick leave to employees affected by the COVID-19 pandemic. An employee may be entitled to use the leave for a variety … Continue Reading

Federal Guidance on Mandating Employee COVID-19 Vaccinations

By Tony Oncidi and Michelle Lappen on February 3, 2021 Posted in Coronavirus, COVID-19, Workers Compensation

To date, the California Department of Fair Employment and Housing (DFEH) has not issued relevant guidance regarding mandatory COVID-19 vaccination programs. Despite the current lack of California-specific information, on December 16, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) updated its COVID-19-related guidance, “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, … Continue Reading

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