Katie A. Collins in Law360: Employer Duties As Pandemic, Caregiver Law Evolve

This article was first published on Law360 on July 11, 2022.  Reprinted by permission.

For many of us, the pandemic has changed where we work, how we work and the things we are juggling while we work since March 2020. The number of individuals who are acting as caregivers while also working full-time or part-time jobs outside of the house is at an all-time high.[1]

Caregiving responsibilities extend to spouses and children, parents and other older family members, and relatives with disabilities.

City of Los Angeles Healthcare Workers Minimum Wage Ordinance

In the wake of the COVID-19 pandemic, Los Angeles City Council has approved an ordinance to increase compensation for healthcare workers, who they have referred to as “the backbone of the COVID-19 response.” The City Council has indicated that adequate compensation will help address the burnout, retention challenges, and worker shortages affecting healthcare workers in Los Angeles. It is anticipated that the mayor will sign the ordinance. The ordinance will become effective 30 days after the mayor’s signature.

Breaking News – Premium Pay Constitutes Wages!

We previously advised employers that the California Supreme Court agreed to review the Court of Appeal decision Gustavo Naranjo v Spectrum Security Services, Inc. (“Naranjo”), decided by the Second Appellate District in 2019. On May 23, 2022, the California Supreme Court issued its decision, which has significant and immediate impacts on California employers. The key takeaways are:

No Good Deed Goes Unpunished? Use Lawyers to Avoid Trouble Related to Background Checks

A precedential decision last week by the California Court of Appeal may leave some employers feeling like no good deed goes unpunished. That decision ruled that a jury would have to decide if an employer willfully violated the Fair Credit Reporting Act (“FRCA”) by letting a non-attorney manager communicate with outside lawyers to ensure that its background checks were in compliance with the FRCA.