On September 15, 2021, a divided panel of the Ninth Circuit Court of Appeals decided the case of Chamber of Commerce v. Bonta. This breathed new life into AB 51, the 2020 state law prohibiting mandatory arbitration agreements in the…
When is a Request for Accommodation Unreasonable? Most employers are aware that employees with a recognized or perceived disability are legally entitled to a “reasonable accommodation,” if it would enable them to perform the essential functions of their job. Unknown…
Longtime readers of this publication are aware that the author champions valid arbitration policies as being among the most potent form of legal protection available to employers. It can be viewed as the “great equalizer” in the world of California…
With all of the recent attention focused on the workplace implications of the COVID-19 pandemic, what may be the most significant development of the last 12 months has gone largely unnoticed by many employers. On February 25, 2021, the California…
Effective January 1, employers are required to provide written notification to employees, within 24 hours, of COVID-19 exposures in the workplace. They are further required to notify local health authorities in the event of an “outbreak.” Notice of Exposures Specifically,…
Starting January 1, employers must promptly notify employees of a potential COVID-19 exposure in the workplace, and local health authorities in the event of an outbreak. Newly-enacted Labor Code, section 6409.6 (AB 685) will require employers who receive notice of…
With the Coronavirus Pandemic presently spiking at unprecedented levels, employee requests to take time off to care for themselves, and infected family members, are already exploding. This trend is expected to continue into the foreseeable future, reflecting the exponential increases…
In a ruling dated August 26, 2020 in the case of Conyer v. Hula Media Services, LLC, a California Court of Appeal ordered an employee to arbitrate his harassment, retaliation and expense reimbursement claims. The employee had signed an acknowledgement…
COVID WRONGFUL DEATH LAWSUITS TARGET EMPLOYERS As the national death toll surpasses 200,000 and counting, the frequency of wrongful death lawsuits against employers is keeping pace. The family members of employees who have died from COVID-19 are filing wrongful death…
NorthBay Biz Magazine – August 2020 (Pages 22-23) Just as it’s important for employees to navigate through this new normal of telecommuting and transitioning back into the workplace, it’s important for employers to understand the myriad of new laws that…