By mandating vaccinations for many employees, President Joe' Biden's six-pronged COVID-19 action plan will have a significant effect on employers across the country. Many key details (including what exemptions may apply...
Employment Law Letter
When President Joe Biden recently announced a six-pronged strategy to contain COVID-19's spread, one of the most notable measures was a vaccination and/or weekly testing mandate affecting employers and employees...
Although most employers were hesitant to implement vaccine mandates after the initial rollout of the COVID-19 shots, the still-surging pandemic (driven by the highly contagious delta variant) has caused many companies to...
Holidays are a reflection of our collective values. As a society, we hope they signal what—and sometimes whom—we as a nation should commemorate. Over the summer, we observed Juneteenth for the first time, collectively...
The Occupational Safety and Health Administration (OSHA) recently updated its guidance on mitigating and preventing the spread of COVID-19 in the workplace because of the high incidence of the delta variant infections...
Q Can we mandate a drug screening upon hire for some job types and not others? Yes. There's no federal law prohibiting you from screening some employees but not others based on the type of job they will hold. Generally...
Q In interviews with prospective employees, can we ask about their COVID-19 vaccination status? Generally speaking, employers can ask prospective employees about their COVID-19 vaccination status. This doesnt mean...
On September 15, 2021, a divided panel of the U.S. 9th Circuit Court of Appeals (whose rulings apply to all California employers) ruled a California employer that attempts to impose mandatory arbitration agreements on...
In an effort to keep employees, customers, clients, and others safe, businesses are considering whether to require their workforces to be fully vaccinated against COVID-19. Vaccination policies play a crucial role in...
Newspaper carriers classified as independent contractors sued the McClatchy Company for unfair competition based on a failure to reimburse them for business expenses under Labor Code Section 2802. After a bench trial...
California employers should be aware of new employment laws that will take effect January 1, 2022, including new laws that will (1) further expand the scope of the California Family Rights Act (CFRA), (2) clarify the...
In both public and private sectors in California, full and fair investigations into alleged wrongdoing are imperative—particularly in cases of alleged harassment and discrimination. In such investigations, there is a...
The California Court of Appeal recently confirmed that trial courts have inherent authority to ensure Private Attorneys General Act of 2004 (PAGA) claims will be manageable at trial and to strike claims if they can't be...
California has an all-purpose, wraparound statute prohibiting arbitrary discrimination of any kind: Civil Code Section 51, or the Unruh Act. In the following case, the court found lending practices that discriminated...
Before a plaintiff can file a lawsuit claiming a violation of California's Fair Employment and Housing Act (FEHA), she must first file an administrative charge before the Department of Fair Employment and Housing (DFEH)...