Law and the Workplace

Tag Archives: california

Congress Extends FFCRA Tax Credit into 2021, Declines to Extend FFCRA Leave

By Abigail Rosenblum, Alex Downie, Evandro Gigante and Harris Mufson on Posted in Coronavirus, Leaves of Absences
The federal Families First Coronavirus Response Act (“FFCRA”), which requires that employers with fewer than 500 employees provide sick and family leave benefits for certain COVID-19 related reasons, is due to sunset on December 31, 2020. Many believed that the FFCRA’s sick and family leave provisions would be extended into 2021 as part of the … Continue Reading

[Podcast]: Recent Developments on California’s COVID-19 Supplemental Paid Sick Leave Law

By Harris Mufson and Philippe A. Lebel on Posted in Coronavirus, Leaves of Absences, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Harris Mufson and associate Phil Lebel discuss recent legal developments in California, specifically a new supplemental paid sick leave law and coronavirus (COVID-19) exposure notification requirements. Tune in as we discuss steps employers can take to ensure compliance with these new requirements. Listen to the podcast.  … Continue Reading

Coronavirus and the Workplace: What Employers Need To Know

By Evandro Gigante, Guy Brenner, Laura Fant, Nayirie K. Mehdikhani and Alex Downie on Posted in Accessibility & Accommodation, Coronavirus, Discrimination, Harassment and Retaliation, Workplace Policies and Procedures, Workplace Safety
Coronovirus*** Last Updated: March 13, 2020 *** News that cases of the newly-identified 2019 Novel Coronavirus (also referred to as COVID-19, 2019-nCoV, or SARS-CoV-2, but more commonly known simply as the “Coronavirus”) continue to spread has prompted employers to think about employee safety and ways to address prevention in the workplace, as well as planning … Continue Reading

California Enacts Law Prohibiting Hairstyle Discrimination … with New York and New Jersey Close Behind

By Tony Oncidi, Cole Lewis and Laura Fant on Posted in Discrimination, Harassment and Retaliation
UPDATE: Governor Andrew Cuomo signed the New York bill into law on July 12, 2019 (effective immediately). As we have reported before, California is set to become the first state to prohibit employers from discriminating based upon hairstyle. Last week, Governor Gavin Newsom signed into law the “CROWN Act” (Create a Respectful and Open Workplace … Continue Reading

[Podcast]: Recent Developments in California Law

By Tony Oncidi and Harris Mufson on Posted in Discrimination, Harassment and Retaliation, Independent Contractor, The Proskauer Brief Podcast, Wage and Hour, Workplace Policies and Procedures
In this episode of The Proskauer Brief, partner Tony Oncidi and senior counsel Harris Mufson discuss key developments in California employment law, including a new test to determine whether workers are independent contractors or employees and what’s new on the #MeToo front. Listen to the podcast.  … Continue Reading

California Enacts Statewide Law Restricting Inquiries into Applicants’ Salary History

By Tony Oncidi and Laura Fant on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks
California Governor Jerry Brown has signed into law a statewide salary history inquiry law that will largely restrict employers in the state from seeking and relying upon salary history information from applicants during the hiring process. The law, which will go into effect on January 1, 2018 and will apply to all private and public … Continue Reading

New York and California Equal Pay Laws Set to Take Effect in New Year

By Evandro Gigante and Yonatan Grossman-Boder on Posted in Discrimination, Harassment and Retaliation, Workplace Policies and Procedures
New equal pay laws are coming into effect in 2016 in both New York and California. The New York law, passed as part of the Women’s Equality Agenda, will come into effect on January 19, 2016, and the California law will become effective on January 1, 2016. Both new laws enact broader prohibitions on wage … Continue Reading

California Court Dismisses FCRA Class Action Against LinkedIn

By Daniel Saperstein, Katharine Parker and Kelly Anne Targett on Posted in Hiring/Background Checks
Man using smartphoneIn recent years, the Fair Credit Reporting Act (FCRA) has become the focus of increasing litigation.  By way of background, FCRA regulates consumer reporting agencies (CRAs) that assemble or evaluate “consumer reports” for employers on the “character, general reputation, personal characteristics, or mode of living” of prospective and current employees.  In the course of furnishing … Continue Reading

San Francisco Issues Guidance for Employers and Contractors on Fair Chance Ordinance

By Daniel Saperstein and Katharine Parker on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
San Francisco has posted FAQs explaining key provisions of the city’s so-called Fair Chance Ordinance (“Ordinance”), which took effect on August 13, 2014.  The Ordinance “bans the box,” prohibiting most private employers and contractors in the city from asking job applicants about their criminal histories until after the first interview or following a conditional offer … Continue Reading

Voters in Four Jurisdictions Pass Sick Leave Ballot Initiatives

By Allison Martin and Katharine Parker on Posted in Leaves of Absences, Workplace Policies and Procedures
The national sick leave trend continues to gain momentum as voters in Massachusetts, Trenton and Montclair, New Jersey, and Oakland, California approved ballot initiatives requiring employers within each jurisdiction to provide sick leave to their employees.  Similar laws already have taken effect in several jurisdictions across the country, including the States of Connecticut and California, … Continue Reading

San Francisco Releases “Ban the Box” Notice for Posting and Distribution

By Tony Oncidi, Mark Theodore, Kelly Anne Targett, Kenneth Sulzer, Enzo Der Boghossian and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
San Francisco’s new Fair Chance Ordinance (“FCO”) “bans the box” and otherwise restricts private employers and City contractors from inquiring into or considering certain criminal offenses when making hiring and personnel decisions. One of the requirements of the FCO is for employers and contractors to post and distribute a written notice of rights, which San … Continue Reading

San Francisco “Bans the Box” for Private Employers and City Contractors

By Tony Oncidi, Daniel Saperstein, Enzo Der Boghossian, Jenna Hayes, Kenneth Sulzer, Kelly Anne Targett and Mark Theodore on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
San Francisco recently became the ninth jurisdiction to enact a “ban the box” ordinance prohibiting private employers and city contractors and subcontractors from asking job applicants about their criminal histories until after the first interview. The new ordinance further restricts the types of criminal offenses about which employers and contractors may inquire or otherwise may … Continue Reading

Employee Reveals Identity Fraud On Form I-9

By David Grunblatt and Valarie McPherson on Posted in Immigration
What should an employer do when an employee updates her personal information and it reveals that false information as to legal immigration status was previously submitted?  It may depend upon where she works.   Since the passage of the Immigration Reform and Control Act (IRCA) in 1986, employers have been “deputized” by the U.S. government … Continue Reading

Unemployment Laws Have New Teeth Under the Integrity Act: Are You Ready?

By Fredric Leffler, Noa Baddish and Susan D. Friedfel on Posted in Workplace Policies and Procedures
 In 2011, President Obama signed the Unemployment Insurance Integrity Act (the “Act”), which largely shifts the responsibility for unemployment insurance integrity to employers. The Act required states to adopt legislation implementing the provisions of the Act by October 21, 2013 and, in many states, employers are just starting to see the impact of the new … Continue Reading

California Further Restricts Employer Use of Prior Convictions in Hiring Decisions

By Tony Oncidi, Mark Theodore, Kelly Anne Targett, Kenneth Sulzer, Enzo Der Boghossian and Daniel Saperstein on Posted in Discrimination, Harassment and Retaliation, Hiring/Background Checks, Workplace Policies and Procedures
On October 10, 2013, Governor Jerry Brown approved S.B. 530 to further limit public and private employers from inquiring into or otherwise considering certain types of criminal convictions. This alert examines the new law, which takes effect January 1, 2014. Read the full text of this alert.  … Continue Reading

California Court Holds that Representative PAGA Claims Are Not Subject to Mandatory Arbitration

By Proskauer on Class and Collective Actions on Posted in Uncategorized
In a 2-1 decision, the California Court of Appeal held that representative actions under California’s Private Attorney General Act (PAGA) may not be waived in mandatory, pre-dispute employment arbitration agreements. (Brown v. Ralphs Grocery Co., Cal. Ct. App., No. B222689. This decision comes as something of a surprise in light of the U.S. Supreme Court’s recent ruling … Continue Reading
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