SUTTON | HAGUE

Free Online Training to Prevent Sexual Harassment in the Workplace SB 1343 requires that all employers of 5 or more employees provide 1 hour of sexual harassment and abusive conduct prevention training to non-managerial employees and 2 hours of sexual harassment and abusive conduct prevention training to managerial employees once every two years. SB 1343 also requires the DFEH to […]

Many employers, especially in states neighboring California (like Nevada), have long dealt with the problem of whether California wage and hour law applies to work performed by their employees, when those employees perform work both inside and outside of California during a single pay period. Recently, the California Supreme Court issued two companion opinions that have helped to answer this […]

Earlier this year in April, the Equal Employment Opportunity Commission (EEOC) made it clear that employers could lawfully test their employees for COVID-19 before entering the workplace to determine if they have COVID-19. Viral testing fit the Americans with Disabilities Act (ADA) requirement that any mandatory medical tests of employees be “job related and consistent with business necessity.”What the EEOC […]

SHLC Attorney Brett Sutton was recently interviewed by the Daily Journal, California’s largest legal newspaper, regarding AB 2043, a bill to require agricultural employers to adopt Cal/OSHA’s COVID-19 safety guidelines. SHLC represents agricultural employers across the state, including stone fruit and citrus growers as well as dairies. Read Sutton’s entire interview in the Daily Journal article below.

As business operations resume and employees return to work, employers are implementing measures to help curb the spread of the novel SARS-CoV-2 virus, which causes the disease COVID-19, including employee temperature screenings and other health checks. In response to the COVID-19 pandemic, the U.S. Equal Employment Opportunity Commission (EEOC) has provided guidance permitting employers to measure employees’ body temperature to […]

On April 16, 2020, California Governor Newsome signed Executive Order N-51-20, which provides supplemental paid sick leave (“COVID-19 Supplemental Paid Sick Leave”) for food sector workers who work for a hiring entity that has 500 or more employees nationwide for certain circumstances related to COVID-19. The type of food sector workers the Executive Order covers ranges from farmworkers to those […]

With COVID-19 stay-at-home orders resulting in the closure of many businesses’ physical locations, employers able to convert to telework have been able to continue operating during the recent period of forced isolation.  While this flexibility has allowed some companies to avoid the dire consequences other businesses face, telework presents other issues companies must keep in mind. In particular, for California […]

Despite emergency legislation passed last month to support businesses dealing with the effects of COVID-19, the pandemic continues to force many employers to reduce payrolls.  Employers considering significant reductions to their workforce must be mindful of requirements under the federal Worker Adjustment and Retraining Notification (“WARN”) Act and similar laws in some states, including California. First Things First: Considering Alternatives […]

The Equal Employment Opportunity Commission (EEOC) is attempting to clarify how workplace anti-discrimination laws are to be applied in light of the COVID-19 pandemic and the recommendations of the CDC and WHO. In the EEOC’s March 27, 2020 webinar, Carol Miaskoff, Associate Legal Counsel for the EEOC, and her colleagues explained that the current crisis permits employers to ask questions […]

The Secretary of Labor promulgated two dozen new regulations to aid in the implementation of the leave provisions in the Families First Coronavirus Response Act (FFCRA) signed by the president on March 18th.  The new regulations cover everything from defining the term “child” to the procedure for filing a complaint for non-compliance.  Among the highlights, the regulations clarify the following: […]