New Year, New Minimum Wage

by Katie A. Collins
The Labor & Employment Law Blog

Effective January 1, 2021, California’s minimum wage rate increased to $14.00 per hour (from $13.00) for employers with 26 or more employees and $13.00 per hour (from $12.00) for employers with 25 or fewer employees. The minimum wage will continue to increase yearly until it reaches $15.00 per hour on January 1, 2022 for employers with 26 or more employees and January 1, 2023 for employers with 25 or fewer employees.

In California,

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Mandatory Vaccines in the Workplace? New EEOC Guidance Regarding What Employers Can Do

by Ryan E. Abernethy
The Labor & Employment Law Blog

The FDA’s rollout of COVID-19 vaccinations has given hope to many employers that we may finally be witnessing the horizon of the pandemic. But this good news comes with a few side-effects, including the question of whether employers can require, or even encourage, their employees to get vaccinated.

To that end, on December 16, 2020, the Equal Employment Opportunity Commission (EEOC) issued guidance regarding the COVID-19 vaccinations in the workplace and the interplay with other employment laws.

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Newsom Signs Executive Order Modifying CalOSHA's Emergency Temporary COVID-19 Regulations

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

On December 14, 2020, Governor Newsom issued Executive Order N-84-20 which, among other things, modified CalOSHA’s emergency COVID-19 regulations.

Background.

On November 30, 2020, CalOSHA’s emergency temporary regulations concerning COVID-19 prevention in places of employment (ETS) went into effect.  Among other requirements, the ETS directed employers to exclude from the workplace for 14 days those employees who have been exposed to COVID-19, reflecting the then-current guidance of the Centers for Disease Control and Prevention (CDC) and the California Department of Public Health (CDPH) on quarantining after being exposed to COVID-19.

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A Deeper Dive into the New Cal/OSHA Temporary Emergency Standards for COVID-19 Prevention

by Shauna N. Correia
The Labor & Employment Law Blog

As we wrote on December 3, 2020, an emergency COVID-19 rule was adopted and approved by the California Occupational Safety and Health Standards Board. The regulation contains significant new requirements including a mandatory written “COVID-19 Prevention Program,” paid time off in certain circumstances when a “COVID-19 case” is excluded from the workplace, notice and training requirements, and requires that employers offer testing in some situations.

The emergency standards will remain in effect for 180 days unless renewed,

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California Announces New Regional Stay Home Order

by Meagan D. Bainbridge
The Labor & Employment Law Blog

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New (and Stricter) COVID-19 Rules Implemented By Cal/OSHA – Employers Should Act Now

by Meagan D. Bainbridge
The Labor & Employment Law Blog

On November 30, 2020, the California Division of Occupational Safety and Health’s (“Cal/OSHA”) Emergency COVID-19 Prevention Regulation went into effect. The regulations apply to all employers, employees, and to all places of employment with three exceptions: (1) workplaces where there is only one employee who does not have contact with other people; (2) employees who are working from home; and (3) employees who are covered by the Aerosol Transmissible Diseases regulation.

The emergency regulations provide additional requirements on employers in light of the COVID-19 pandemic in the following areas: COVID-19 prevention,

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DFEH Issues Frequently Asked Questions Regarding California’s New Pay Data Reporting Law Under the Equal Pay Act

by Lizbeth (Beth) V. West
The Labor & Employment Law Blog

On September 30, 2020 Governor Newsom signed Senate Bill 973 which requires large employers to report certain pay and other data to the Department of Fair Employment and Housing (DFEH) by March 31, 2021 and annually thereafter. On November 2, 2020, the DFEH issued certain FAQs regarding this new obligation and announced that it anticipates rolling out a secure online reporting system in advance of the 2021 filing deadline.

Below are a few of the DFEH’s FAQs.

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DFEH Updates “Ban the Box” Regulations and Provides FAQ

by Meagan D. Bainbridge
The Labor & Employment Law Blog

Since its implementation on January 1, 2018, The Fair Chance Act has been a source of questions for California employers. Also referred to as “banning the box,” Government Code section 12952 makes it illegal for most employers in California to ask about the criminal record of job applicants before making a conditional job offer. You can refer to our previous blog on the subject here.

The Department of Fair Employment and Housing (“DFEH”) recently amended the regulations implementing the law,

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