Seyfarth Synopsis: On October 13, 2021, the San Francisco Department of Public Health issued a revised COVID-19 public health order. Of interest to many employers, the City outlined when certain businesses—such as office workspaces—may allow fully vaccinated individuals to stop wearing face covering indoors. It also outlined the vaccination benchmarks by which the City will lift the indoor universal
Continue Reading I Left My Mask In San Francisco—For Fully Vaccinated Workplaces
San Francisco’s 10-Day Travel Quarantine Order Tells Holiday Travelers to Stay Home, Though Santa Likely Excepted
Seyfarth Synopsis. On December 18, 2020, San Francisco imposed a 10-day mandatory quarantine on most people traveling or returning to the city for more than 24 hours. The order does not apply to travel within the larger Bay Area, or to certain visitors, including those not staying more than 24 hours, those seeking medical treatment, and those coming to the
Continue Reading San Francisco’s 10-Day Travel Quarantine Order Tells Holiday Travelers to Stay Home, Though Santa Likely Excepted
California Issues New Statewide Closure Orders Amid Rising COVID-19 Cases
Seyfarth Synopsis: Effective July 13, 2020, California issued statewide restrictions on a number of business operations due to the resurgence of COVID-19. It ordered all bars to close for indoor and outdoor service, as well as indoor services for restaurants, wineries, and movie theaters. The State also closed fitness centers, non-essential offices, places of worship, hair salons, personal care
Continue Reading California Issues New Statewide Closure Orders Amid Rising COVID-19 Cases
Nor-Cal Businesses Told “Try Not and Do Not” (For Now)
Seyfarth Synopsis: On April 29, 2020, Alameda, Contra Costa, Marin, San Francisco, San Mateo, and Santa Clara Counties, as well as the City of Berkeley, issued updated shelter-in-place orders. These orders take effect May 4 and run through May 31, 2020. They nominally adjust the restrictions that have been in effect since March 17,
Continue Reading Nor-Cal Businesses Told “Try Not and Do Not” (For Now)
Constructive Solution for PAGA? CBA Waivers for Construction Employers
Seyfarth Synopsis: AB 1654 provides a PAGA exemption for certain employees covered by a collective bargaining agreement. While AB 1654 is limited to the construction industry, its underlying rationale applies much more broadly, and may augur further thoughtful restrictions on PAGA’s broad scope.
California’s Private Attorneys General Act, imposing draconian penalties for even relatively trivial Labor Code violations, remains the
Continue Reading Constructive Solution for PAGA? CBA Waivers for Construction Employers
A California Pickle: Should Employers Defend Alleged Harassers?
Seyfarth Synopsis: When confronted with a lawsuit naming an individual employee as a defendant, should California employers run from the employee or provide a defense? The duty to indemnify employees often leaves employers in a pickle, particularly as to allegations of sexual harassment.
This scenario has haunted many California companies: an employee sues the company for sexual harassment and also
Continue Reading A California Pickle: Should Employers Defend Alleged Harassers?
Who Are My Clients? Avoiding Stormy Privilege Issues With California Employees
Seyfarth Synopsis: Given recent headlines, a storm could be brewing over the boundaries of the attorney-client privilege in some parts of the country. California employers can avoid this vortex, at least when dealing with their current and former employees. Both can be part of the “corporate client” for purposes of attorney-client privilege, so long as communications with counsel meet a
Continue Reading Who Are My Clients? Avoiding Stormy Privilege Issues With California Employees
Here’s an Update: Opportunity (to Work) Knocks in San Jose
Seyfarth Synopsis: On March 13, 2017, San Jose’s new “Opportunity to Work Ordinance” takes effect, requiring covered employers to offer additional hours to part-time employees before hiring new or temporary employees. As the law’s effective date looms, the City has issued guidance clarifying portions of the ordinance and has released the notice form that employers must post.
An earlier
Continue Reading Here’s an Update: Opportunity (to Work) Knocks in San Jose
San Jose’s Opportunity to Work Ordinance: New Peculiarity for Employers
Seyfarth Synopsis: On November 8, 2016, San Jose voters approved the most recent local effort to dictate employment scheduling practices. Beginning in March 2017, San Jose employers must offer existing part-time employees additional work hours before hiring any temporary, part-time, or new worker. Violations of the ordinance can trigger city fines and private law suits.
Temporary, part-time, and
Continue Reading San Jose’s Opportunity to Work Ordinance: New Peculiarity for Employers
Ninth Circuit Poised to Say “Call Me, Maybe”
(with apologies to the song artist)
Seyfarth Synopsis: The Ninth Circuit has suggested it might upset longstanding “on call” practices by making California employers liable for “reporting time” pay to employees who phone in ahead of their schedule, only to find that they are not needed for the day.
On October 5, 2016, a Ninth Circuit panel indicated
Continue Reading Ninth Circuit Poised to Say “Call Me, Maybe”