Blog: The Labor & Employment Law Blog

Currently, California employees, with certain exceptions, are entitled to three days or 24 hours of paid sick leave. Employers can choose to have a paid sick leave policy that provides all of the hours at one time or, the amount of available paid sick leave an employee has can accrue, where employees earn sick leave over time and any unused sick leave can carry over into the next year of employment. With accrual, employees must earn at least one hour of paid sick leave for every 30 hours of work. Employers can also use a different accrual method so long as an employee has no less than 24 hours of accrued sick leave or paid time off by the 120^th calendar day of employment or each calendar year, or in each 12-month period. As to limits, an employer can limit an employee’s use of paid sick leave to 24 hours or three days during a year and can also limit or cap the overall amount of sick leave an employee may accrue to 6 days or 48 hours.

Read More

California’s Occupational Safety and Health Standards Board (Cal/OSHA) recently announced plans to implement new standards that would apply to indoor places of employment when the temperature reaches at least 82 degrees Fahrenheit when employees are present. Cal/OSHA already strictly regulates outdoor workplaces as the heat rises. These new proposed regulations come after five years of development, and would require (among other things) that:

Read More

A California Court of Appeals recently addressed challenges to Proposition 22, the Protect App-Based Drivers and Services Act, and concluded that it will largely remain in effect, at least for now.

Read More

The city of Los Angeles recently passed the Los Angeles Fair Work Week Ordinance, which largely stemmed from the findings as to unpredictability of work schedules in the retail industry. Specifically, it was determined that approximately “77 percent of retail workers receive less than one week notice of their schedules or changes to their schedules” and that such unpredictability created extensive socioeconomic burdens on workers of large retail businesses. The Ordinance can be found here.

Read More

Section 7(a) of the NLRA Applies to More Than Just CBA Employees

In general, Section 7 of the National Labor Relations Act (“NLRA”) provides employees nationwide with certain rights relating to organizing with other employees and collective bargaining, whether or not they are subject to collective bargaining agreements (“CBAs”). These rights include the right to self-organize; join or assist labor organizations; cooperate in NLRB investigations; and engage in concerted activities for the purpose of collective bargaining or other mutual aid or protection, including criticizing employer policies and discussing severance, wages and other terms and conditions of employment with co-workers and former co-workers.

Read More

That’s right, you read it correctly, another 300 years!  The United Nations Secretary General told the Commission on the Status of Women on March 7, 2023, that gender equality is “300 years away.” The statement was based on statistics from UN Women, an organization dedicated to the study of the status of women and girls around the world, and the advancement of gender equality and empowerment of women. According to UN Women, girls and women represent half of the world’s population and, therefore, also half of its potential. However, statistics show that there is a long way to go to achieve full equality of rights and opportunities between men and women.

Read More

On February 22, 2023, the United States Supreme Court released its ruling in Helix Energy Solutions Group, Inc. vs. Hewitt, clarifying that employees who are paid a daily rate likely do not qualify for the executive exemption under the Fair Labor Standards Act (the “FLSA”).

Read More

On February 9, 2023, the U.S. Department of Labor (“DOL”) issued  Field Assistance Bulletin 2023-1 (the “FAB”), which directs agency officials responsible for enforcement on the application of the Fair Labor Standards Act (“FLSA”) and Family and Medical Leave Act (“FMLA”) to teleworking employees. This guidance provides valuable insight to employers on the DOL’s interpretation of various issues, including: (1) compensation of teleworking employees under the FLSA, (2) protections for nursing employees when working remotely, and (3) eligibility rules for teleworking employees under the FMLA. The purpose of the new guidance seems to be aimed at reminding employers that employees who telework remain covered by the protections of both the FLSA and the FMLA.

Read More