California Employment Law Update

Category Archives: Employment Policies

Subscribe to Employment Policies RSS Feed

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

By Tony Oncidi on Posted in California Labor Code, California Supreme Court, Coronavirus, COVID-19, Employer Liability for Worker's Actions, Employment Policies, Illness and Injury Prevention Program, Liability for Employee's Actions Outside the Workplace, Off-the-clock Issues, Serious Health Conditions, Uncategorized, Workplace Safety
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

Business Entity Agents Of Employer Share Potential FEHA Liability

By Tony Oncidi on Posted in California Supreme Court, Class Actions, Court of Appeal, Employment Policies, FEHA, Independent Contractors, Pre-Employment Medical Examinations, Third Party Liability, Uncategorized
Raines v. U.S. Healthworks Med. Group, 2023 WL 5341067 (Cal. S. Ct. 2023) The Ninth Circuit certified to the California Supreme Court the question of whether FEHA’s definition of “employer” extends to corporate agents of the employer such as a company that conducts preemployment medical screenings.  In this putative class action, plaintiffs allege that their … Continue Reading

PAGA Plaintiffs May Maintain Representative Claims In Court After Individual Claims Are Compelled To Arbitration

By Tony Oncidi on Posted in Arbitration, Arbitration Agreements, Arbitration provision, California Supreme Court, Class Action, Class Actions, Collective Bargaining, Court of Appeal, Employment Contracts, Employment Policies, Independent Contractor, Independent Contractors, PAGA, Uncategorized
Adolph v. Uber Techs., Inc., 14 Cal. 5th 1104 (2023) After months of anticipation, the California Supreme Court answered “yes” to the critical question of whether “aggrieved” PAGA plaintiffs retain their standing to pursue representative claims in court after their individual claims have been compelled to arbitration. Erik Adolph worked as a driver for Uber, … Continue Reading

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

By Tony Oncidi on 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

Employee Who Refused To Get Flu Vaccine Was Properly Terminated

By Tony Oncidi on Posted in California Labor & Employment Law, Disability, Discrimination, Employment Policies, Workplace Safety, Wrongful Termination
Hodges v. Cedars-Sinai Med. Ctr., 91 Cal. App. 5th 894 (2023) Deanna Hodges, who worked for Cedars-Sinai as an administrative employee with no patient responsibilities, refused to get vaccinated for the flu, contrary to Cedars’ policy which required all of its employees to get vaccinated in an effort to limit employee transmission of the flu.  The … Continue Reading

May 2023 California Employment Law Notes

By Tony Oncidi on Posted in Age discrimination, California Labor & Employment Law, Computer and Internet Use, Day Laborers, Discrimination, Employee Benefits, Employment Contracts, Employment Law Notes, Employment Policies, Independent Contractors, Privacy, Religion
We invite you to review our newly-posted May 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Art Teacher’s Age Discrimination Case May Not Be Barred By “Ministerial Exception” Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express … Continue Reading

Unions, Legislature Dealt Yet Another Blow in AB 5 Appeal

By Tony Oncidi on Posted in California Labor & Employment Law, Day Laborers, Employee Benefits, Employment Contracts, Employment Policies, Independent Contractors
Olson v. State of Cal., 62 F.4th 1206 (9th Cir. 2023) In the latest in a string of defeats for the State of California, a Ninth Circuit panel unanimously held that AB 5 (the anti-independent contractor law) may violate the equal protection rights of independent contractor drivers and the gig companies that retain them.  The … Continue Reading

Users May Have Privacy Interest In Emails Sent Over Company Network Absent Express Policy

By Tony Oncidi on Posted in Computer and Internet Use, Employment Policies, Privacy
Militello v. VFARM 1509, 89 Cal. App. 5th 602 (2023) Shauneen Militello brought a 22-count complaint against fellow co-owners of a cannabis manufacturing and distribution company, including Ann Lawrence.  Lawrence moved to disqualify Militello’s counsel, arguing that Militello had improperly provided to her counsel private emails between Lawrence and her husband that were sent on the … Continue Reading

Gig Workers: 2, California: 0 in Ongoing Fight for Independent Contractor Status

By Tony Oncidi and David Gobel on Posted in ABC Test, Articles, California Labor & Employment Law, Employment Law Notes, Employment Policies, Independent Contractors
The long-running feud between California and the “gig economy” shows no sign of ending soon. On April 28, 2023, the State of California submitted a petition to the Ninth Circuit in Olson v. California, No. 21-55757 (9th Cir.), seeking review or a rehearing before a new panel of judges, after a Ninth Circuit panel in … Continue Reading

AI is Here and So Are the New AI Rules for Employers

By Tony Oncidi and Sehreen Ladak on Posted in Age discrimination, Biden Administration Coverage, California Labor & Employment Law, Computer and Internet Use, Discrimination, Employment Applications, Employment Policies, FEHA, Gender discrimination, Hiring, New and Proposed Laws and Legislation, Pay equity, Reasonable Accommodation, Reporting Requirements, Retaliation
California is considering a new law (Assembly Bill 331), also known as the Automated Decision Systems Accountability Act.  Modeled after the Biden Administration’s Blueprint for an AI Bill of Rights (whitehouse.gov), AB 331 would control the use of machine-based systems in making “consequential” employment decisions such as compensation, promotions, hiring, termination, and automated task allocations. … Continue Reading

California Mandatory Postings and Pamphlets – What’s New for 2023

By Kate Gold and Ariel Brotman on Posted in California Labor & Employment Law, California Labor Code, CFRA, Discrimination, Employee Handbooks, Employment Policies, Harassment, Hiring, Leaves of Absence, Minimum Wage, New and Proposed Laws and Legislation, Pregnancy Leave, Wage and Hour
California employers are required to post several notices and distribute various pamphlets informing employees of their employment rights.  Effective January 1, 2023, eight (8) out of eighteen (18) of these required notices will be updated.  The eight (8) notices that will be updated are the following: 1. California Minimum Wage; 2. Family Care and Medical … Continue Reading

Five New Employment Laws that Every California Employer Should Know

By Kate Gold and Wesley C. Shelton on 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

Several State “Job Killer” Bills Move One Step Closer to Passage

By Philippe A. Lebel and Michelle Lappen on Posted in California Labor & Employment Law, California Labor Code, Discrimination, Drug Policies, Drug Testing, Employment Policies, FEHA, New and Proposed Laws and Legislation, News, Payroll, Reporting Requirements, Retaliation, Workers Compensation
As covered previously here, the California Chamber of Commerce (“Chamber”) once again has identified a handful of “job killer” bills making their way through the legislative process.  This year’s crop of proposed legislation would, among other things, inflate employer data reporting requirements and further expand the scope of the Fair Employment and Housing Act (“FEHA”).  … Continue Reading

Spring Showers Bring Job Killer Bills to California

By Sehreen Ladak and Philippe A. Lebel on Posted in Attorney's Fees, California Labor & Employment Law, California Labor Code, Class Actions, Disability, Discrimination, Drug Policies, Drug Testing, Employment Policies, FEHA, New and Proposed Laws and Legislation, Payroll, Reasonable Accommodation, Reporting Requirements, Retaliation, Wage and Hour, Workers Compensation
Pablo Neruda once said “you can cut all the flowers but you cannot keep spring from coming.”  Likewise, California businesses’ protests against oppressive employment legislation don’t seem to stem the tide of the Legislature’s latest batch of anti-employer bills. The California Chamber of Commerce has just identified a host of recently introduced “Job Killer” Bills … Continue Reading

California Encourages Mandating Employee COVID-19 Vaccinations

By Tony Oncidi and Ariel Brotman on 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

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

By Tony Oncidi and Michelle Lappen on 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

You Get a Shot, and You Get a Shot! California Paves the Way for Mandatory Vaccination Policies

By Tony Oncidi, Philippe A. Lebel and Dylan K. Tedford on Posted in COVID-19, Employment Policies, Workplace Safety
Weeks after the Equal Employment Opportunity Commission (“EEOC”) weighed in, the California Department of Fair Employment and Housing (“DFEH”) recently released updated COVID-19 employment FAQs addressing the permissibility of employer-mandated COVID-19 vaccination policies. Taking a page from the EEOC’s January 2021 guidance, the DFEH indicated that employers may require employees to receive an FDA emergency use … Continue Reading

May 2020 California Employment Law Notes

By Tony Oncidi on Posted in ADA, Anti-SLAPP, Class Actions, Disability, Discrimination, Employer Liability for Worker's Actions, Employment Policies, FCRA, Gender discrimination, Harassment, Hiring, Negligence, Off-the-clock Issues, Retaliation, Sexual Harassment, Vacation or PTO, Wrongful Termination
We invite you to review our newly-posted May 2020 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Court Reverses $13 Million Gender Discrimination Verdict Entered Against UCLA Court Affirms $2.9 Million Verdict Against Employer That Failed To Obtain Green Card For Employee … Continue Reading

Unlimited Vacation Policy Failed To Properly Compensate Employees

By Tony Oncidi on Posted in Employment Policies, Vacation or PTO
McPherson v. EF Intercultural Fndn., Inc., 47 Cal. App. 5th 243 (2020) In this case of first impression, the California Court of Appeal affirmed the trial court’s judgment (except for the amount of damages and attorneys’ fees awarded) and held that the unlimited vacation policy at issue in this case was not as described and that … Continue Reading

The Electric Scooter Craze: What Can Employers Do to Protect Themselves from Potential Liability?

By Tony Oncidi and Cole Lewis on Posted in Employee Handbooks, Employment Policies, Workplace Safety
If you haven’t ridden one yet, it’s likely you’ve had one fly by you on the sidewalk. Electric scooters – or e-scooters – have quickly descended upon most major cities in America. These app-based scooters let a user ride across the city at up to 15 m.p.h. and then discard the scooter wherever the rider happens … Continue Reading

Multiple Minimum Wage Increases and Salary-Related Ordinances Scheduled to Take Effect on July 1, 2018

By Tony Oncidi and Elaine H. Simson on Posted in California Labor & Employment Law, Employment Policies, Hiring, Minimum Wage, New and Proposed Laws and Legislation, Pay equity, San Francisco, Wage and Hour
In the immortal words of Mao Zedong:  “Let a hundred flowers blossom!” Multiple cities and hamlets throughout California have enacted slightly differing and, of course, maddeningly confusing non-uniform minimum wage laws.  Not surprisingly, no one in Sacramento seems at all concerned about the administrative burden to California employers in having to monitor and comply with so … Continue Reading

Labor Commissioner Issues New Guidance On Breaks

By Tony Oncidi and Hal Brody on Posted in California Labor & Employment Law, Employment Policies, Meal Periods and Rest Breaks, Reasonable Accommodation, Wage and Hour
The California Labor Commissioner recently issued a Frequently Asked Questions (FAQ) memo regarding breaks and lactation accommodation. The FAQ memo contains no new concepts, but emphasizes the following longstanding principles: California employers must authorize and permit a net 10-minute paid rest period for every four hours worked (or major fraction thereof). To the extent practicable, … Continue Reading

Mandatory Training To Prevent Gender Identity Harassment

By Tony Oncidi on Posted in California Labor & Employment Law, Employment Policies, FEHA, Gender Identity, Harassment, New and Proposed Laws and Legislation, Sexual Harassment
This law expands the scope of mandatory sexual harassment training employers must provide to their supervisory employees. Currently, FEHA requires employers with 50 or more employees to provide at least two hours of prescribed training and education regarding sexual harassment to all supervisory employees within six months of their assumption of a supervisory position and … Continue Reading

Parental Leave Protections Expanded

By Tony Oncidi on Posted in California Labor & Employment Law, Employment Policies, Leaves of Absence, New and Proposed Laws and Legislation, Pregnancy Leave
This new law expands parental leave protections to those individuals who work for employers with at least 20 employees. Under the new law, employers with at least 20 employees must allow an employee who has more than 12 months of service with the employer to take up to 12 weeks of parental leave to bond … Continue Reading
LexBlog

This website uses third party cookies, over which we have no control. To deactivate the use of third party advertising cookies, you should alter the settings in your browser.

OK