Legal Update

  • California Supreme Court Confirms that Case Adopting “ABC Test” for Independent Contractors Has Retroactive Effect

    By SHLC on January 15, 2021
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    On January 14, 2021, the California Supreme Court issued a long-awaited opinion regarding whether its prior ruling adopting the “ABC Test” for determining independent contractor status applies retroactively. The Court answered in the affirmative, providing finality to a question that had been lingering for nearly three years. (Download a copy of the Supreme Court’s opinion here.) Relevant Background In April […]
  • WHEN ARE CALIFONIA EMPLOYERS ALLOWED TO REQUIRE EMPLOYEES TO SUBMIT TO A COVID-19 TEST? THE RULES HAVE CHANGED

    By SHLC on December 14, 2020
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    Since the outset of the COVID-19 pandemic, California employers received guidance from a variety of State and federal agencies on the subject of whether, how and when employers can require employees to submit to viral testing for COVID-19. Adding an additional layer of complexity, on November 30, 2020, Cal/OSHA published emergency regulations that create a deluge of new obligations and […]
  • CALIFORNIA EXPANDS FAMILY MEDICAL LEAVE OBLIGATIONS TO SMALL EMPLOYERS

    By SHLC on October 6, 2020
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    On September 17, 2020, California Governor Newsom signed Senate Bill (“SB”) 1383, which amends and expands the California Family Rights Act (“CFRA”) to apply to small California businesses. Beginning January 1, 2021, all California businesses with five (5) or more employees must provide up to 12 weeks of unpaid job-protected leave. As explained below, SB 1383 expands the CFRA beyond […]
  • California Adopts AB 1867 and Expands the Paid Sick Leave Requirement to Include COVID-19

    By SHLC on September 18, 2020
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    On September 9, 2020, California AB 1867 became effective. The new law, codified as Labor Code sections 248 and 248.1 requires employers with 500 or more employees to provide supplemental paid sick leave for their California workers.  The new law also applies to employers of health care providers and first responders excluded by the federal Families First Coronavirus Response Act […]
  • DFEH Releases New Harassment/Discrimination Prevention Resources and Required Posters for California Employers

    By SHLC on August 3, 2020
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    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 […]
  • California Supreme Court Says Cross-Border Work Not Always Subject to California Wage and Hour Law

    By SHLC on July 22, 2020
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    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 […]
  • California Supreme Court Adopts Labor Commissioner’s Attendance Bonus-Overtime Method

    By SHLC on March 9, 2018
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    Earlier this week, the California Supreme Court dove into that most important legal subject: basic math. The case of Alvarado v. Dart Container Corp. centered on what the denominator should be when calculating the regular rate of pay, which is in turn used to calculate the overtime pay for employees receiving a flat sum attendance bonus. As all employers should […]
  • What Employers Need to Know about Immigration Enforcement and AB 450

    By SHLC on March 1, 2018
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    This past weekend, Oakland’s Mayor Libby Schaff warned of imminent U.S. Immigration and Customs Enforcement (“ICE”) activity in the San Francisco Bay Area.  Mayor Schaff’s announcement was made after ICE agents issued Notices of Inspection to approximately 77 restaurants and other businesses in Northern California during the first week of February 2018.  News outlets are reporting that more than 150 […]
  • 17 DOL Opinion Letters from the George W. Bush Administration Resurface

    By SHLC on January 25, 2018
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    On January 5, 2018, the U.S. Department of Labor (“DOL”) formally issued 17 Opinion Letters that reproduce verbatim the text of letters that were signed by the administrator of the Wage and Hour Division approximately nine years ago near the end of the George W. Bush Administration but never issued. An Official of the DOL explained that the letters had […]
  • Reporting Time Pay Owed for Call-In Shift Workers, California Court Rules

    By SHLC on December 27, 2017
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    The days of uncompensated call-in shifts may be over. A California state court recently ruled that employees who are required to block off time and check-in for call-in shifts that day must be paid reporting time pay, even if the employees don’t have to physically show up for the shift. Under California law, employees who report to work for a […]