Last week, a California federal judge dismissed with leave to amend a claim made against a Nevada company by the spouse of an employee who contracted COVID-19, allegedly at his workplace, and later transmitted the disease to her. In its order, the court dismissed the spouse’s claims as preempted by “the exclusive remedy provisions of the California workers’ compensation statutes.”
The plaintiff, Mrs. Kuciemba, alleged
Last summer, Nike began requiring its retail employees to wear masks to combat the spread of COVID-19. A few weeks later, Cali Bunn entered one of its San Diego-area stores to purchase some shoes. Ms. Bunn is deaf and, like other deaf and hearing-impaired customers, relies on her ability to read other’s lips to communicate.
Ms. Bunn sued Nike in federal court in California (
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, and Other EEO Laws,” to address questions about
As recently reported by the Los Angeles Times, People, and a slew of other national and local media outlets, famed Beverly Hills restaurant, La Scala, recently faced significant public backlash after sending out invitations to a Prohibition-themed, indoor New Year’s Eve celebration. The invitation, which was distributed to select customers, read: “We are considering taking reservations for New Year’s Eve Dinner. Inside.” It
California’s Division of Occupational Safety and Health, better known as “Cal/OSHA,” recently issued new emergency temporary standards to protect workers from COVID-19 (the “Emergency Temporary Standards”), which were approved by the Office of Administrative Law earlier this week. The Emergency Temporary Standards, which are now in effect, apply to virtually all California employers, employees, and places of employment, with three exceptions: (1) workplaces where
As jurisdictions continue to respond to COVID-19 with new rules, regulations, orders and guidance, employers must ensure that they adhere to these requirements as they manage business operations.
To assist multi-state employers as they navigate these developments, we have created ProTrack COVID-19, a state and local tracker tool. Our proprietary tracker allows employers to search the legal requirements in the jurisdictions where they conduct business,
Late last week, Gov. Newsom signed AB 685 into law which, among other things, adds section 6409.6 (“Section 6409.6”) to the Labor Code. The new statute, which takes effect January 1, 2021, requires that employers notify employees and, in some instances, public health officials about COVID-19 exposures at work.
Specifically, Section 6409.6 requires that employers take all of the following steps within one business
On September 9, 2020, Governor Newsom signed Assembly Bill 1867 (“AB 1867”), which is intended to fill gaps left by the Families First Coronavirus Response Act (“FFCRA”). The new law requires that private employers with 500 or more employees in the United States provide eligible (non-food sector) employees with up to 80 hours of supplemental paid COVID-19 sick leave (“Supplemental COVID-19 Leave”). AB 1867 also
California Governor Gavin Newsom has released a 32-page “Employer Playbook” that’s designed to help employers “plan and prepare for reopening their business and to support a safe, clean environment for workers and customers.”
The Playbook contains general guidance applicable to all industries, such as how to manage an outbreak, record cases, and enforce mask requirements. The Playbook also contains hyperlinks to relevant government contacts and
For years, federal courts in California have been inundated with wage and hour class actions. Because these cases often clogged district court dockets for months (and, sometimes, even years) on end, the Central District of California issued the former Local Rule 23-3, which set a 90-day deadline to file a motion for class certification from the filing of a complaint in or removal of an