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Today the U.S. Department of Labor published Questions & Answers regarding the recently enacted federal Emergency Paid Sick Leave Act, and Emergency Family & Medical Leave Expansion Act (see our firm’s alert summarizing those laws). We think these are the most important clarifications from the DOL publication: April 1, 2020 Effective Date: The DOL now takes the position that…
Continue ReadingThe COVID-19 crisis (and related shelter at home orders) are making it necessary for many employers to implement furloughs (temporary layoffs), especially for employees who cannot perform their jobs remotely. As discussed below, furloughs often trigger a variety of the same legal requirements that would apply to a termination of employment, and require attention to…
Continue ReadingOn March 18, 2020, President Trump signed the Federal Emergency Paid Sick Leave Act (“EPSLA”), and the Federal Emergency Family & Medical Leave Expansion Act (“Emergency FMLA”), requiring employers to provide paid and unpaid time off for COVID-19 crisis related uses. Both new laws apply to employers with fewer than 500 employees. Both new laws…
Continue ReadingComplimentary Webinar: Friday, March 27, 2020 (noon to 1:30 p.m. PDT)
Continue ReadingAs discussed in our November 8, 2019 Employment Law Alert, a new California law (Assembly Bill 51) prohibits employers from requiring workers to enter into mandatory arbitration agreements for claims under the California Fair Employment and Housing Act or the California Labor Code. After granting a temporary restraining order on December 30, 2019, as reported here, a federal…
Continue ReadingIn our November 8, 2019 Employment Law Alert, we discussed a new California law banning mandatory employee arbitration agreements (AB 51) effective January 1, 2020, and anticipated legal challenges to the new law. On December 29, 2019, a federal court granted a temporary restraining order to block enforcement of AB 51 pending further legal review. Chamber…
Continue ReadingSan Diego Seminar: Wednesday, January 29, 2020 (presented by Ray Hixson & Brian Nagatani)
San Francisco Seminar: Tuesday, January 21, 2020 (presented by Ray Hixson, Brian Nagatani, & Mary Wang)
Santa Clara Seminar: Thursday, January 16, 2020 (presented by Ray Hixson, Brian Nagatani, & Mary Wang)
Continue ReadingRequired Harassment, Discrimination & Retaliation Prevention Policy Updates for California Employers
California regulations require that employers distribute California’s DFEH-185 brochure on sexual harassment, or an alternative compliant writing (such as an anti-harassment policy contained in an employee handbook), and in addition (as of April 1, 2016) a harassment, discrimination, and retaliation prevention policy that meets a lengthy list of requirements. We generally recommend complying with the former through…
Continue ReadingCalifornia Senate Bill 142, which becomes effective January 1, 2020, significantly expands employer obligations with respect to lactation accommodations, including more stringent requirements as to what constitutes an adequate lactation space, and imposes increased penalties for non-compliance. The law also requires employers to develop a lactation accommodation policy meeting specified requirements, and to distribute such policy…
Continue ReadingA variety of exempt and non-exempt minimum pay standards in California will increase on January 1, 2020. Exempt Software Professionals In order to treat software professionals as exempt from overtime, California employers generally need to meet the requirements of the “computer software professional” exemption. The term “software professionals” covers positions such as software engineers, programmers, developers,…
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