On September 30, 2023, Governor Newsom signed Senate Bill 553 (“SB 553”) into law. Among other things, the new legislation added section 6401.9 to the California Labor Code (“Section 6401.9”), which requires that virtually all employers implement a workplace violence prevention plan (“WVPP”) by no later than July 1, 2024. Now, after months of waiting, the Division of Occupational Safety and Health (“CalOSHA”)
Workplace Safety
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 California law to prevent the spread of COVID-19 to…
Disability Leave Is Not “Compensation” Under California Workers’ Compensation Law
California Dep’t of Corr. & Rehab. v. WCAB, 2023 WL 5198517 (Cal. Ct. App. 2023)
Under the Workers’ Compensation Act, if a worker is injured because of the employer’s serious and willful misconduct, the “compensation” the worker is entitled to receive increases by one half. The statute defining “compensation” limits the term to benefits or payments provided by Division 4 of the Labor Code. …
July 2023 California Employment Law Notes
We invite you to review our newly-posted July 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Enforcement of PAGA Carve Out Suggests Need For New Revisions To Arbitration Agreements
- PAGA Debt Not Dischargeable in Bankruptcy
- Distributors Not Liable For Unpaid Wages Of Agricultural Workers
- Exemption of Financial Professionals From ABC
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Employee Who Refused To Get Flu Vaccine Was Properly Terminated
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 only exceptions were for a “valid medical…
November 2022 California Employment Law Notes
We invite you to review our newly-posted November 2022 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include:
- Equal Pay Act Claim Should Not Have Been Dismissed
- Whistleblower Claim Should Not Have Been Dismissed In Part
- School District Employee May Have Been Discriminated Against On The Basis Of A Disability
- Offer To
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Hirer Of Independent Contractor Is Not Liable For Injury To Contractor’s Employee
Miller v. Roseville Lodge No. 1293, 83 Cal. App. 5th 825 (2022)
Roseville Lodge No. 1293, Loyal Order of Moose, Inc., hired Charlie Gelatini to move an ATM on its premises. Ricky Lee Miller, Jr., who worked for Gelatini and was the person who performed the work, was injured on the job when he fell from a scaffold. Miller sued the Lodge and its…
Real WFH Stories: Employer Not Responsible for Ensuring Safety of Employees’ Homes, Appeals Court Holds
California law requires employers to furnish a “safe and healthful” workplace to employees. Now that the line between “workplace” and “home” has been blurred for so many workers in the wake of the COVID-19 pandemic, the law has been unclear as to whether that obligation extends to an employee whose “workplace” happens to be their residence. In Colonial Van & Storage, Inc. v. Superior Court…
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 Enjoined From Soliciting Customers
- OSHA’s COVID-19 Vaccine Mandate
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OSHA’s COVID-19 Vaccine Mandate Exceeded Its Statutory Authority
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 vaccination or to obtain a medical test each week…