California Employment Law Blog
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Explore laws, cases, and matters of interest to California employers. Jeanine DeBacker is an employment lawyer who defends companies when their employees sue them for harassment, wrongful termination, discrimination and not getting paid correctly.
California Employment Law Blog
1M ago
CalOSHA published its resources for the new Workplace Violence Prevention law (SB 553) that came into effect January 1, 2024.
CalOSHA published a Fact Sheet, which you can access here. And, best of all, a model plan!
Starting July 1, 2024, covered employers (which is pretty much everyone!) must have a Workplace Violence Prevention Program. Employers must record information in a violent incident log for every workplace violence incident. Workplace violence is any act of violence or threat of violence that occurs in a place of employment. It does not include lawful acts of self-defen ..read more
California Employment Law Blog
1M ago
Not to be extreme, but didn’t we just do this?!?!? Time is ridiculous.
Here’s what you need to know to tackle the new employment laws for 2024!
California Paid Sick Leave Expansion – SB 616
Since 2015, California has required employers to provide Paid Sick Leave (“PSL”). Employees may take PSL for their own, or a family member’s, health condition or preventive care or time off to seek medical care. Over the years, the law has been expanded and includes time off for an employee who needs time off to obtain psychological counseling, safe housing, and other measures related to domestic violence s ..read more
California Employment Law Blog
3M ago
I updated the leaves of absence chart I refer to when thinking about potential time off for employees. Feel free to let me know if you see an issue! This is an “issue-spotting” chart – each of these leaves has special rules . . . .
This new version includes adding “designated person” to the CFRA and PSL and the new bereavement leave benefit. “Enjoy!”
2023-loa-chart-pdf-4859-9479-6623-v.1Download ..read more
California Employment Law Blog
3M ago
My enthusiasm for all things, including laws related to COVID and wage and hour, is a little higher now. A little ..read more
California Employment Law Blog
3M ago
A belated post about a new law signed February 9, 2022 by Gov. Newsom. I admit to my own COVID/World Events-based fatigue! (Oh, you don’t have any?!?!? Gee, I’m real happy for you! Ha ha.
Confusing date part: The law is set forth in new Labor Code Section 248.6 (“2022 CPSL”). It is retroactive to January 1, 2022. But, an employer’s obligation to provide 2022 COVID-19 supplemental California paid sick leave (CPSL) did not begin until February 19.
And . . . Covered Employers (see below) are to provide 2022 CPSL through September 30, 2022. If an employee is using 2022 CPSL on Septembe ..read more
California Employment Law Blog
3M ago
CalOSHA updated its Emergency Temporary Standards and the associated FAQs earlier this week:
Q.4: How does CDPH’s February 28, 2022 Guidance for the Use of Face Masks impact the ETS requirements?
A: Executive Order N-5-22 suspends section 3205(c)(6)(A) of the ETS, which required that unvaccinated workers wear face coverings in all indoor workplaces and all vehicles. This requirement will no longer be enforced. However, other face covering requirements within the ETS remain in place, including provisions requiring face coverings in outbreaks and in employer-provided transportation. Also still i ..read more
California Employment Law Blog
3M ago
Santa Clara County has led the way (I think) when it comes to trying to minimize the effects of COVID-19 on its residents’ health. Earlier this week, the County’s Public Health Officer issued a new order and a ton of explanatory documents to guide employers (and residents) as the State and County and Country begin to “open up.”
There is a ton of information at the County Public Health site – https://covid19.sccgov.org/public-health-order-faq – with lots of links. Pretend you are linking through theories about Mare of Easttown . . . since it will take about that long to go through it all.
Here ..read more
California Employment Law Blog
3M ago
As an update to my article, below, about the new California COVID Paid Sick Leave. . . here is some more information about how it interacts with the “revived” FFCRA. As you may recall, the FFCRA expired at the end of 2020. Then, Employers could offer it through March 31, 2021 and still get the payroll tax credit. Now the FFCRA has been modified and extended to September 30, 2021.
Right off the bat, you should note that the payroll tax credits continue. This is important considering California’s new Paid Sick Leave requirement that I discuss in my prior post. I suggest you take adva ..read more
California Employment Law Blog
3M ago
California employers with more than 25 employees have a new paid sick leave requirement. The new law goes into effect March 29, 2021 but will apply retroactively back to January 1, 2021.
SB 95 creates new Labor Code sections 248.2 and 248.3. Under the new laws, “covered employees” are entitled to up to 80 new hours of COVID-19 supplemental paid sick leave. While this was originally seen as a continuation of the SPSL that was a tag-along to the FFCRA and expired December 31, 2020 (Nice acronyms!), it is a completely different, expanded paid sick leave program.
All “covered emp ..read more
California Employment Law Blog
3M ago
Happy 2021! I am posting an updated chart of California Leaves of Absences. 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. I hope to post a separate document with those updated particulars soon-ish.
(Of course, if you see a “need for further revision” AKA a mistake, feel free to let me know! Follows my theme of “we’re all in this together!”)
Wow! What a way to start the New Year!!!!!
2021-rev-loa-chart-jan-2021-pdf-4820-2410-3638-v.1Download ..read more