Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
On January 29, 2021, the Occupational Safety and Health Administration (“OSHA”) issued new employer guidance on mitigating and preventing the spread of COVID-19 in the workplace. This guidance is intended to help employers and workers outside the healthcare setting to identify risks of being exposed to and of contracting COVID-19 and to determine any appropriate control measures to implement. While this guidance is largely duplicative of prior OSHA and Centers for Disease Control and Prevention (“CDC”) guidance and recommendations, it contains a few new and updated recommendations that employers should note.
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
Recently we have seen a slew of class action filings under the California Invasion of Privacy Act (CIPA). CIPA is an older privacy law, associated with eavesdropping and wire fraud, not to be confused with the California Consumer Privacy Act that became effective in 2020.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
This past year brought new laws requiring changes to policies commonly found in California employee handbooks. To ensure compliance with current California law, employers should review and update their handbooks within these first few months of 2021.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
The United States Court of Appeals for the Ninth Circuit on January 15 upheld the Federal Motor Carrier Safety Administration’s (“FMCSA”) determination that federal law preempted California’s meal and rest break rules (“MRB rules”), as applied to drivers of property-carrying commercial motor vehicles who are subject to the FMCSA’s own rest break regulations.
Legal Alert, Labor and Employment Law
2021 | Legal Alert, Labor and Employment Law
Today, in responding to a certified question from the United States Court of Appeals for the Ninth Circuit, the California Supreme Court held in Vazquez v. Jan-Pro Franchise International, Inc., S258191 (2020) that the three-part test announced in Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018) applies retroactively.
Case Summary, Labor and Employment Law
2021 | Case Summary, Labor and Employment Law
This month's key California employment law cases involve reasonable accommodation, interstate employment relationships, and PAGA notice requirements.
Legal Alert, Business Litigation
2021 | Legal Alert, Business Litigation
The Nevada Supreme Court held that courts may change or “blue-pencil” an unreasonably restrictive non-compete agreement to make it enforceable if the agreement contains a provision allowing the severance of unenforceable terms.
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
Much of the publicity and scrutiny surrounding the recently enacted coronavirus relief bill attached to the Consolidated Appropriations Act of 2021 has been focused on the economic impact payments and supplemental unemployment benefits provided to individuals. But perhaps the more important aspect of the relief package is the allocation of an additional $325 billion in aid for a second round of business assistance loans under the Paycheck Protection Program (“PPP”).
Legal Alert, Labor and Employment Law
2020 | Legal Alert, Labor and Employment Law
On Dec. 27, 2020, President Trump signed the Consolidated Appropriations Act of 2021. Congress did not extend the mandate to provide leave under the Families First Coronavirus Response Act (“FFCRA”), but did extend the payroll tax credit benefit for those who continue to provide compliant leave. The failure to extend the mandate for employers to provide leave under the FFCRA may mean that the requirement under California’s AB 1867 for employers to provide COVID-19 supplemental paid sick leave also expires on December 31, 2020, unless further action is taken.
