On Jan. 27, 2022, the California Supreme Court issued its opinion in Lawson v. PPG Architectural Finishes, Inc., No. S266001, 2022 WL 244731 (Cal. Jan. 27, 2022), clarifying the legal standard for whistleblower retaliation claims under California Labor Code section 1102.5 (“Section 1102.5”). Importantly, the Court’s ruling shifts the evidentiary burdens for these claims,
On Feb. 25, 2021, the California Supreme Court issued its much-anticipated decision in Donohue v. AMN Services, LLC. The opinion answers two important questions: (1) whether “employers can[] engage in the practice of rounding time punches – that is, adjusting the hours that an employee has actually worked to the nearest preset time increment
As summarized in a previous GT blog post, California’s Blueprint for a Safer Economy established criteria for easing and tightening restrictions on the activities of California residents and businesses based on counties’ Coronavirus Disease 2019 (COVID-19) infection rates. When the system took effect initially on Aug. 31, the state assigned each county one of four color-coded tiers – Widespread (purple), Substantial (red), Moderate (orange), or Minimal (yellow) – based on two factors: average daily case rate and test positivity rate. To move into a less restrictive tier, a county must meet the criteria for the less restrictive tier for the previous two weeks.
Effective Oct. 6, a third criterion took effect. The California Health Equity Metric is intended to reduce disparities of COVID-19 transmission in disadvantaged communities hardest-hit by the virus and is reportedly the first of its kind at the state level in the nation. The metric has two components.
Continue Reading The Carrot and the Stick: California Becomes First State in the Nation to Condition Business Reopening on Reduced COVID-19 Transmission in Disadvantaged Communities
On Sept. 9, Governor Newsom signed AB 1867, a statewide COVID-19 supplemental paid sick leave (SPSL) mandate, into law. AB 1867’s sick leave provisions are codified at California Labor Code §§ 248, 248.1, and 248.5. This new law went into effect immediately, but since “[t]he requirement to provide COVID-19 supplemental paid sick leave…take[s] effect
On Sept. 17, 2020, the governor of California signed into law new workplace notice requirements and enforcement procedures in response to the Coronavirus Disease 2019 (COVID-19) pandemic. These new requirements go into effect Jan. 1, 2021.
Read the full GT Alert, “California to Mandate Employer Notification of Possible COVID-19 Exposure to Employees.”
As employers continue to address the COVID-19 pandemic, they now face a new set of workforce challenges related to extreme weather and wildfires. Both are creating a challenging remote work environment due to: (1) recent evacuations; and (2) heat exposure risks linked to employees now forced to work in their homes with closed windows (and lack of proper air ventilation). Employers should consider preparing themselves for a further reduced workforce caused by such complications.
Continue Reading California Wildfires Increase Employer Concerns
On Friday, August 28, 2020, Governor Newsom unveiled the state’s new tiered system for identifying and reducing COVID-19 infection risks in each county. This new “blueprint” is aimed at reducing instances of COVID-19 by imposing revised criteria for both easing and tightening restrictions on the activities of California residents and businesses.
Under the new system, which goes into effect on Monday, August 31st and replaces the “County Monitoring List” approach, each county is assigned to one of four tiers – Minimal, Moderate, Substantial, or Widespread. These tiers are assigned based on the percentage of new daily cases and the percentages of positive tests.
Continue Reading California Revamps its Reopening Criteria for Businesses and Activities
Just one week after its release on July 24, California has already issued an updated version of its COVID-19 Employer Playbook for a Safe Reopening, which is intended to offer employers clear and practical guidance on how to safely reopen their businesses during the Coronavirus Disease 2019 (COVID-19) pandemic. In the latest update, employers