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California Supreme Court Resolves Confusion Regarding the Burden Shifting Standard for Whistleblower Retaliation Claims

Last year the California Supreme Court agreed to take up a question from the 9th Circuit regarding the evidentiary standard for whistleblower retaliation claims brought under California Labor Code section 1102.5. The California Supreme Court in Lawson v. PPG Architectural Finishes, Inc, held that Labor Code section 1102.6 “provides the governing framework for the presentation... Continue Reading
January 27, 2022

300A Alert! Reminder to Post and Report Annual Summary of Work-Related Injuries and Illnesses

California employers are required to post their annual summary of work-related injuries and illnesses, including COVID-19 illness, in a visible and easily accessible area at every worksite from February 1st through April 30th. Employers are required to use Cal/OSHA’s Form 300A for this posting. Employers can find an overview regarding completing both the log (Form... Continue Reading
January 27, 2022

Cal/OSHA Again Delays a Vote to Adopt the Federal ETS But Provides Additional Cal/OSHA ETS Guidance

At the start of their January 20th meeting, the Cal/OSHA Standards Board announced they would not consider the proposal to adopt the federal ETS, also known as a Horcher proposal.  This comes shortly after the U.S. Supreme Court upheld a stay on the federal Emergency Temporary Standard. If this feels like déjà vu, you are... Continue Reading
January 21, 2022

California Court of Appeal Reiterates Support of Rounding of Employee Time, Affirms Denial of Class Certification

The California Court of Appeal, in Cirrincione v. American Scissor Lift, Inc. recently upheld a trial court order denying class certification in a wage and hour class action. Since class certification is so often granted, this decision warrants further attention. The underlying case involved an employee bringing multiple wage and hour claims, including allegations that... Continue Reading
January 20, 2022

California’s Labor Commissioner Publishes FAQ for Garment Protection Act

In September 2021, California’s Governor signed Senate Bill (SB) 62 which expands the definition of the garment manufacturing industry for purposes of wage claim enforcement to include brand guarantors.  A brand guarantor is a person who contracts for the performance of garment manufacturing.  Brand guarantors include persons who license a brand or name for garment... Continue Reading
January 19, 2022

Cal/OSHA and CDPH Issue Clarifying Guidance on Isolation and Quarantine Requirements

At the end of the year, California’s Department of Public Health (CDPH) issued updated guidance regarding Isolation and Quarantine, which applied to workplaces per the Governor’s prior Executive Order. The timing of this guidance was rather awkward, as the Cal/OSHA Standards Board had recently approved changes to the Cal/OSHA ETS set to go into effect... Continue Reading
January 14, 2022

Updated Rates for California EDD Benefits and San Francisco Paid Family Leave Ordinance

The California Employment Development Department (EDD) has released the Voluntary Plan Employee Contribution and Benefit Rates for 2022. Employers with employees located in California are generally required to withhold and send state disability contributions to the EDD. The 2022 rates are as follows: “Employee Contribution Rate” 1.10% “Taxable Wage Ceiling” (per employee per year) $145,600.00 “Maximum... Continue Reading
January 10, 2022

California Extends Indoor Masking Requirements & Los Angeles County Mandates Medical-Grade Masks for Workplaces

In mid-December, as COVID-19 cases began to rise, the California Department of Public Health (CDPH) reinstituted indoor masking requirements and Cal/OSHA confirmed that requirements applied in the workplace. When issued, the mandate was only supposed to remain in effect until January 15, 2022. However, with COVID-19 cases still on an uptick, the CDPH has extended... Continue Reading
January 7, 2022

Cal/OSHA Finally Publishes Public Notice to Follow CDPH Guidance

On December 16, 2021, the Cal/OSHA Standards Board adopted the third version of the Cal/OSHA ETS with new exclusion and return to work requirements for COVID-19 cases and close contacts. On December 30, 2021, the California Department of Public Health (CDPH) issued new guidance for Isolation and Quarantine for the General Public. This new guidance... Continue Reading
January 5, 2022

California’s Labor Commissioner Publishes FAQ for Warehouse Quota Law

In September 2021, Governor Newsom signed Assembly Bill (AB) 701, which regulates the use of quotas at warehouse distribution centers in California. AB 701 requires employers with large warehouse distribution centers to disclose quotas and pace-of-work standards to each employee upon hire or within 30 days of the law going into effect. AB 701 went... Continue Reading
January 5, 2022