Thus, employers who…, Today, the EEOC updated its COVID-19 guidance for employers, specifically on issues surrounding the circumstances under which employers may mandate that employees be vaccinated for COVID-19 (once the vaccines become more widely available). Gavin Newsom aim to prevent COVID-19 exposure in the workplace. Specifically, the law states that an agreement to settle an employment dispute may not contain a provision prohibiting, preventing, or otherwise restricting a settling party that is an aggrieved person from obtaining future employment with the employer against which the aggrieved person has filed a claim, or any parent company, subsidiary, division, affiliate, or contractor of the employer. Look here for more information: www.mstpartners.com, A site to discuss better education for all, Laws, cases, and matters of interest to California employers, Marine Animals Voice Their Wishes About Ocean Conservation Issues, 2021-rev-loa-chart-jan-2021-pdf-4820-2410-3638-v.1, More about the new (and effective immediately) Cal/OSHA Emergency Regulations re COVID-19, Cal/OSHA Emergency Standard related to COVID 19 – a short-ish discussion, California Construction Law Blog | Nomos LLP. California Employment Law May Employers Require Employees to be Vaccinated for COVID-19: The EEOC Weighs In By Jeffrey S. Horton Thomas on December 16, 2020 Posted in Advice & Counseling, Disability Discrimination, Discrimination I hope to post a separate document with those updated particulars soon-ish. If you don’t see an answer to your question here, please call us at 818-617-9713 – we’ll be happy to answer it for you during your free consultation. SCOTUS Blog. Happy 2021! I defend companies when employees sue for harassment, wrongful termination, discrimination and not getting paid correctly. Federal law limits the number of new H-1B temporary worker visas issued every year to 85,000 with 65,000 going to employers seeking to employ foreign nationals in specialty…, To makes things endlessly confusing and hard for California employers to keep up with, this week, Governor Newsom issued an Executive Order (EO) changing the quarantine requirements of the Cal/OSHA emergency regulations that just took effect November 30. The act already prevented employers from retaliating against employees that reported violations of state and federal laws to government officials or the police. Posted on January 4, 2021. California Employment Law FAQ. Our mission is two-fold: to provide critical, real-time updates on employment law matters to in-house counsel and HR executives, and to keep our audience apprised of new trends and developments on the horizon. Robin Largent has a regular presence in California state and federal courts and has been lead defense counsel and appellate counsel for large and small California employers in litigation (and arbitration) ranging from individual discrimination and harassment claims to complex wage and hour representative and class actions. Currently, California law requires that employers provide 24 hours (or 3 days) of paid sick leave per year for full-time employees, which can be used beginning on the 90th day of employment. If you scroll down in the FAQs, there is a link to a model COVID-19 prevention program – it downloads into a word document and you can do a lot of “fill in the blanks” to comply. Follows my theme of “we’re all in this together!”). California lawmakers have enacted many new laws, which went into effect January 1, 2019, that impact employer operations in California. Shouse Law Group › California Blog › California Law - 1099 vs W2. Wow! The Employment Law Lookout Blog is a resource for employers seeking intelligent discourse and updates on the today’s most pressing workplace issues. What’s New in Employment Law? Get updates by email. I conduct trainings for employees on harassment prevention and maintaining a respectful workplace. We cover the state, with five locations from Sacramento to San Diego. The EO is effective immediately. Your email address. ... S.G. Borello & Sons, Inc. v. Dept. Application & Hiring, CA Employee Handbooks, Independent Contractors, Leaves of Absence, Paid Sick Leave, Wage & Hour Issues 2021 brings a slew of new employment laws, which will affect nearly every California employer, regardless of size or industry. We aim to provide timely, topical information on the challenges that California employers face. Nothing in this forum should be construed as legal advice, ’cause it isn’t. The law requires employers who meet certain employee thresholds and must file an annual Employer Information Report (EEO-1) under federal law, to submit an annual report to the California Department of Fair Employment and Housing (DFEH). Read More. Here’s a breakdown of the most significant changes being implemented in 2021. What a way to start the New Year!!!!! They are not salary based employees. Cal/OSHA’s emergency regulations, which I wrote about yesterday, are now in effect. As you’ll note on the final page, this does not incorporate COVID-19 related time off and wage replacement laws under FFCRA, Cal/OSHA, or California sick leave programs. Cal/OSHA has posted some FAQs that can answer a lot of your questions. A guide to the new California labor laws in 2021 The new year brings new legislation across the US, and this includes California labor laws. Washington, United States About Blog Whether you are a lawyer, law student, or just … Happy 2021! California is one of the aggressive states this year as there is number of exceptions in the employment laws that all the employees must follow and knows about it. We cover the state, with five locations from Sacramento to San Diego. Today, California’s Department of Industrial… Nov 24, 2020 Employers have anxiously awaited additional guidance from the California Department of Fair Employment and Housing (DFEH) regarding the implementation requirements of California’s recently enacted Pay Data Reporting Law (SB 973), codified at Government Code section 12999. ... (previously addressed in this blog, here) and Labor Code section 6409.6, which takes effect on January 1st (which we covered in the blog back in September 2020, here). I hope to post a separate document with those updated particulars soon-ish. On September 9, 2020 Governor Newsom signed AB 1867 into law, giving California employers just 10 days to implement new COVID-19 Supplemental Paid Sick Leave statewide. (We … California employees need to know about rest breaks. Employment & Labor Insider Blog. Below is a roundup of the main legal changes that will impact most employers. Some of the regulations signed by Gov. Assembly Bill 685, which takes effect Jan. 1, 2021, requires California employers that receive notice of potential exposure to COVID-19 to “provide specified notifications to its employees within one business day of the notice of potential exposure.” The decision, in the case of Gulf Offshore Logistics v. Compliance Updates. California is known for its progressive employment laws that provide employees with more protection than federal law and the laws of many other states. Below we highlight the major provisions of the new law (Labor Code 248.1, or “LC 248.1”) as well as nuances employers should keep in mind as they put their program into place. There’s a LOT to digest when it comes to U.S. compliance and 2020 has been no exception. Today, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated. Last night, California’s Office of Administrative Law (OAL) approved Cal/OSHA’s emergency COVID regulations, making them effective immediately. (Of course, if you see a “need for further revision” AKA a mistake, feel free to let me know! Here is a look at the three laws that strengthened whistleblower protections in California. Basics of Rest Break Law. The following are the most significant changes that California employers can expect as we move into the new year: Covid-19 Reporting to Workers’ Compensation Claims Administrator. The ETS require employers to exclude from work any employees who (1) test positive for COVID-19, or (2) have experienced a COVID-19 exposure in the workplace. Court Holds California Law Applies to Offshore Workers on Oil Platforms BY: Ronald W. Novotny Recently, a California Court of Appeal held that crew members on a ship that provided maintenance services to offshore oil platforms were governed by California’s wage payment laws. The EEOC’s guidance is about as clear as mud unfortunately,…, On October 8, 2020, the Departments of Labor and Homeland Security issued interim final rules changing the regulations governing the H-1B visa program. These rules sought to restrict access to H-1B visas by redefining the statutory language of the Immigration and Nationality Act narrowing the types of jobs…, Last night, California’s Office of Administrative Law (OAL) approved Cal/OSHA’s emergency COVID regulations, making them effective immediately. Enter your email address to follow this blog and receive notifications of new posts by email. California Employment Law Update published by Proskauer Rose LLP provides timely updates on Wage & Hour Class Actions, FEHA, and Wrongful Termination Lawsuits. She also leads the firm’s appellate practice, having substantial experience and success handling appeals, writ petitions, and amicus briefs in both state and federal court on issues such as class certification (particularly in the wage and hour arena), manageability and due process concerns associated with class action trials, exempt/non-exempt misclassification issues, meal and rest break compliance, trade secret/unfair competition matters, and the scope of federal court jurisdiction under the Class Action Fairness Act. Labor & Employment Law Blog. If you still have questions about California employment law, check out our frequently asked questions. Beyond FFCRA and CSPSL, almost all California employers must provide exclusion pay to employees excluded from work for certain COVID-19-related reasons under Cal/OSHA’s ETS. Blog. For the New Year, the new state minimum wage for employers of 26 or more employees is now $14.00 per hour, and the state minimum wage for employers of 25 or fewer employees just increased to $13.00 per hour. So, please consult your lawyer or hire us! Fisher Phillips labor and employment lawyers are ready to help you take a stand in matters of wage and hour law, immigration, employee benefits, data security, union avoidance, and much more. Each new year brings a further increase to California’s minimum wage – and 2021 is no exception. I am posting an updated chart of California Leaves of Absences. Understanding California’s Whistleblower Law - Read the Labor and Employment legal blogs that have been posted by James Cai on Lawyers.com Hourly employees work and get paid hourly. I am posting an updated chart of California Leaves of Absences. California has been at the forefront of sick time laws. My prior post summarizing these new regulations is here and the text of the new regulations is here. Posts tagged California employment law 2021 2021 U.S. As you’ll note on the final page, this does not incorporate COVID-19 related time off and wage replacement laws under FFCRA, Cal/OSHA, or California sick leave programs. California employment law blog, a publication by Berberian Ain LLP provides news, insights & commentary on employment law in California. We focus on employment law developments, particularly in California. 4 major California employment law changes for 2021 In addition to the constantly changing guidance around the COVID-19 pandemic, California has adopted new leave and pay reporting mandates. California has enacted a number of new laws (some of these have been covered in more detail on this blog and are linked below). I'm an employment lawyer. Winston-Salem, North Carolina, United States About Blog The … Today, USCIS published a regulation changing the manner new H-1B visas or “Cap Subject H-1B” visas are allocated. My prior post summarizing these new regulations is here and the text of the new regulations is here. Subscribe to this blog's feed. I also advise my clients on how to avoid getting sued in the first place. I conduct prompt and thorough workplace investigations. Others continue the push to give employees more support, such as paid leave and disability insurance. Welcome to Shaw Law Group, PC’s law blog. For over 25 years, CDF has distinguished itself as one of the top employment, labor and immigration firms in California, representing employers in single-plaintiff and class action lawsuits and advising employers on related legal compliance and risk avoidance. In 2014, three new laws were enacted and added to the California Whistleblower Protection Act. Follow us on Facebook. > Contact   > Full Bio   Call 916.361.0991, About CDF What We Do Contact Us Attorney Advertising Disclaimer Privacy Policy Cookie Policy, USCIS Publishes Regulation Implementing Wage-Based H-1B Visa Allocation System, CA Governor Issues Executive Order Modifying Cal/OSHA Employer Quarantine Requirements, EEOC Provides Guidance on Employers’ Ability to Mandate COVID Vaccinations, District Court Strikes Trump Administration H-1B Wage Regulations, OAL Approves Cal/OSHA’s Emergency COVID Regulations, EFFECTIVE IMMEDIATELY. Dykema Labor & Employment Law Blog California Expands Workplace Protections Related to COVID-19 by Enacting Two Statutes Regarding Notice Requirements and Workers’ Compensation Coverage. In fact, we have a whole group of excellent employment lawyers at McPharlin Sprinkles & Thomas LLP. Today, California’s Department of Industrial…. 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