Category Archives: COVID-19

Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members

Kuciemba v. Victory Woodworks, Inc., 14 Cal. 5th 993 (2023); 74 F.4th 1039 (9th Cir. 2023) The California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members who bring the virus home from their workplace, because “[a]n employer does not owe a duty of care under … Continue Reading

COVID-19 Emergency Order Extending Statute Of Limitations For Civil Cases Upheld

By Tony Oncidi on September 19, 2023 Posted in Coronavirus, Court of Appeal, COVID-19, Labor and Workforce Development Agency (LWDA), Off-the-clock Issues, PAGA, Uncategorized

LaCour v. Marshalls of Cal., LLC, 2023 WL 5543622 (Cal. Ct. App. 2023) Plaintiff Robert LaCour, a former “loss prevention specialist” for Marshalls, appealed from a judgment in favor of his former employer and certain affiliated entities. Marshalls filed a demurrer arguing that because LaCour’s employment with Marshalls ended in May 2019, he had only … Continue Reading

School District Employer Did Not Violate The Law By Requiring COVID Vaccination/Weekly Testing

By Tony Oncidi on September 19, 2023 Posted in Coronavirus, COVID-19, Discrimination, Employee Discipline, Employment Policies, Reasonable Accommodation, Uncategorized, Wrongful Termination

Rossi v. Sequoia Union Elementary Sch., 2023 WL 5498732 (Cal. Ct. App. 2023) Pursuant to the State Public Health Officer Order of August 11, 2021, K-12 schools were required to verify the COVID-19 vaccination status of all school workers and to require proof of vaccination or weekly diagnostic screen testing. Plaintiff Gloria Elizabeth Rossi, an … Continue Reading

Crisis Averted: California Employers Are Not Liable for “Take-Home” COVID Cases.

By Jonathan Slowik and Morgan Peterson on July 11, 2023 Posted in California Labor & Employment Law, California Supreme Court, Coronavirus, COVID-19, Workers Compensation

Last week, the California Supreme Court unanimously ruled that employers are not liable to nonemployees who contract COVID-19 from employee household members that bring the virus home from their workplace, because “[a]n employer does not owe a duty of care under California law to prevent the spread of COVID-19 to employees’ household members.” Kuciemba v. … Continue Reading

Five New Employment Laws that Every California Employer Should Know

By Kate Gold and Wesley C. Shelton on October 13, 2022 Posted in California Labor & Employment Law, California Labor Code, CFRA, Coronavirus, COVID-19, Discrimination, Drug Policies, Drug Testing, Employee Handbooks, Employment Applications, Employment Policies, Leaves of Absence, New and Proposed Laws and Legislation, Paid Sick Leave, Pay equity

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

Mayor Garcetti Signs “Healthcare Workers Minimum Wage Ordinance” Increasing Minimum Wage to $25

By Tony Oncidi and Ariel Brotman on July 15, 2022 Posted in California Labor & Employment Law, COVID-19, Minimum Wage, New and Proposed Laws and Legislation

On July 7, 2022, Mayor Eric Garcetti signed the “Healthcare Workers Minimum Wage Ordinance” (“Ordinance”) which, effective August 13, 2022, increases the minimum wage to $25 per hour for healthcare workers employed at privately-owned healthcare facilities within the City of Los Angeles. Beginning January 1, 2024, the minimum wage will increase annually based on the … 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 Bill Seeks to Impose Statewide COVID-19 Vaccine Requirement for All Employees and Contractors

By Philippe A. Lebel and Dixie Morrison on March 15, 2022 Posted in California Labor & Employment Law, COVID-19, New and Proposed Laws and Legislation

On February 10, 2022, Assemblymember Buffy Wicks introduced Assembly Bill 1993 (“AB 1993”), which would impose COVID-19 vaccination requirements on virtually all employees and independent contractors working in California, regardless of employer/company size. AB 1993 would mandate that all employers require all of their employees and independent contractors to provide proof of vaccination against COVID-19. … Continue Reading

Governor Newsom Signs Supplemental COVID-19 Sick Leave Bill

By Philippe A. Lebel on February 9, 2022 Posted in COVID-19

As we reported yesterday, California’s legislature enacted Assembly Bill 84 on Monday; the state’s Senate enacted the law’s counterpart the same day, Senate Bill 114. The new statute sought to reestablish statewide supplemental COVID-19 sick leave requirements, and imposes significant obligations on employers. Earlier today, Gov. Newsom signed the bill into law. The new sick … Continue Reading

As Cases Plummet and Mask Mandates Go Away, the Legislature Re-Enacts Supplemental COVID-19 Sick Leave

By Tony Oncidi and Philippe A. Lebel on February 8, 2022 Posted in COVID-19

On February 7, 2022, there were two big COVID-19-related news developments in the Golden State: First, Gov. Newsom announced that California’s mask mandates would expire on February 15th. Second, the legislature voted to enact Assembly Bill 84 (“AB 84”), a law that would re-enact California’s 2020 supplemental COVID-19 leave law, and provide up to 80 … Continue Reading

Cal/OSHA’s COVID-19 Emergency Temporary Standards Survives its First Challenge

By Kate Gold, Philippe A. Lebel and Morgan Peterson on January 19, 2022 Posted in California Labor & Employment Law, COVID-19, Workplace Safety

As we reported here, Cal/OSHA’s revised COVID-19 Emergency Temporary Standards (“ETS”) took effect on January 14, 2022. The controversial emergency regulations, which have caused employers countless headaches, survived their first major challenge when the Court of Appeal, in Western Growers Association v. Occupational Safety and Health Standards Board affirmed the trial court’s order blocking … 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

Governor Newsom Signs A Slew of New Employment Laws for 2022

As the 2021 legislative season came to a close, Governor Gavin Newsom signed numerous bills into law. From arbitration to workplace safety, these laws will impact employers across the state. We have summarized the most important ones for you here: Arbitration Arbitration fees will now need to be paid upon receipt of invoice unless the … 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

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