2021 Cal-Peculiarities

Seyfarth Synopsis: Back in January 2020, a federal district court enjoined the State of California from enforcing AB 5, a law about classification of independent contractors, against interstate motor carriers (see our prior piece here). Now, in a split 2-1 decision, a Ninth Circuit panel has reversed the district court, and held that the Federal Aviation Administration
Continue Reading Ninth Circuit Applies AB 5 Against Interstate Motor Carriers

Seyfarth Synopsis: California has long prohibited sexual harassment in various types of relationships, including employment relationships, and in other professional and business relationships which have elements of power imbalance. Although the right to sue for sexual harassment in business and professional relationships has been part of the fabric of California law for decades, in recent years, the legislature has taken
Continue Reading Prohibiting Sexual Harassment in Non-Employment Professional Relationships

Seyfarth Synopsis: In a surprise move, and despite vetoing a strikingly similar measure only months ago when the pandemic was closer to its zenith, Governor Newsom on April 16, 2021 signed a measure requiring hospitality employers to give preference in hiring to workers previously laid off due to the pandemic.

Last year, large swaths of employers breathed a big sigh
Continue Reading Didn’t He Just Veto This? Governor Signs Right-To-Recall Law

Seyfarth Synopsis: Businesses at the San Francisco International Airport (SFO) may need to make significant changes to employee health benefits under San Francisco’s Healthy Airport Ordinance by April 1, 2021. These FAQs cover employers’ most-pressing questions regarding the Ordinance and its implications for employers.

The seatbelt sign has been on for San Francisco employers for quite some
Continue Reading Turbulence Ahead: FAQs For SFO Healthy Airport Ordinance

Seyfarth Synopsis: During the COVID-19 pandemic, California grocery, drug store, and other front-line workers have continued to sell essential products, stock shelves, clean buildings, and otherwise keep our economy moving. Several cities and counties have taken action—often in hap-hazard ways—to force the employers of these workers to provide them with premium pay, commonly called “hazard pay” or “hero
Continue Reading Hap-Hazard Pay: COVID-19 Hazard Pay Ordinances

Seyfarth Synopsis: On March 18, 2021, the California Senate voted to revive and expand the COVID-19 related supplemental paid sick leave law that expired on December 31, 2020, and Governor Newsom signed it into law the following evening. The law became effective immediately once signed, with a 10-day grace period for compliance, and it applies retroactively to January 1, 2021
Continue Reading California Revives, Expands Covid-19 Supplemental Paid Sick Leave

Seyfarth Synopsis: On March 4, 2021, the California Department of Fair Employment and Housing (“DFEH”) provided some much needed clarity in its updated COVID-19 Related Guidance. The Guidance answers many pressing questions for employers regarding COVID-19, including the all-important question: Can employers mandate their employees to get a vaccine?

In short, yes, California employers may require their employees to
Continue Reading Updated DFEH Guidance on Mandatory COVID-19 Vaccination Policies

Seyfarth Synopsis: In 2020, California enacted SB 1383 which, as of January 1, 2021, amended Government Code section 12945.2 to expand the California Family Rights Act (“CFRA”). These changes will require employers who have been subject to the CFRA to ensure their policies are up to date, as well as bringing new employers into the family of businesses who must
Continue Reading California’s (Modern) Family Leave

Seyfarth SynopsisOn January 26, 2021, the County of Los Angeles passed an ordinance requiring both large and small employers in unincorporated parts of the County to provide supplemental COVID-19 related paid sick leave.

In the wake of the expiration of Families First Coronavirus Response Act (“FFCRA”)’s paid sick leave, and California’s state-wide COVID-19 supplemental paid sick leave, many
Continue Reading Los Angeles County Imposes Retroactive COVID-19 Paid Sick Leave

Seyfarth Synopsis: In a unanimous decision, the California Supreme Court held that the worker friendly “ABC” test set forth by the Court in its 2018 landmark ruling, Dynamex Operations West, Inc. v. Superior Court, applies retroactively. The ABC test thus applies to all pending cases governed by the California Wage Orders in determining whether a worker is an
Continue Reading As Easy as 1-2-3, Court Rules ABC Test Applies Retroactively