California Employment Law Update

Tag Archives: employee

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

Employer Must Prove “Substantial Increased Costs” Would Result From Religious Accommodation

By Tony Oncidi on Posted in Exempt Employees, Federal Jurisdiction, Off-the-clock Issues, Public Employment, Religion, Supreme Court, U.S. Supreme Court, Uncategorized
Groff v. DeJoy, 600 U.S. ___, 143 S. Ct. 2279 (2023) Gerald Groff, an Evangelical Christian, took a mail delivery job with the USPS at a time when postal service employees were was not required to work on Sundays.  However, when the USPS began facilitating Sunday deliveries for Amazon, he was called upon to work … Continue Reading

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

By Tony Oncidi on 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

Disability Leave Is Not “Compensation” Under California Workers’ Compensation Law

By Tony Oncidi on Posted in California Labor Code, CDCR, Uncategorized, Workers Compensation Act, Workplace Safety, Workplace Violence
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 … 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

September 2023 California Employment Law Notes

By Tony Oncidi on Posted in appellate court, base compensation, California Department of Corrections and Rehabilitation, California Labor and Workforce Development Agency, Court of Appeals, Employment Law Notes, Labor Code Section 4553, Liability for Employee’s Actions Outside the Workplace, Off-the-clock Issues, permanent disability, Reasonable Accomodation, reconsideration
We invite you to review our newly-posted September 2023 California Employment Law Notes, a comprehensive review of the latest and most significant developments in California employment law. The highlights include: Employers Owe No Duty Of Care To Prevent The Spread Of COVID To Employees’ Household Members School District Employer Did Not Violate The Law By Requiring … Continue Reading
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