• Posts by Ann Smith
    Posts by Ann Smith
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    Ann Smith represents management in all aspects of employment litigation, including defending claims for wrongful termination, discrimination, harassment, retaliation and leave of absence violations. Ms. Smith handles ...

More Training Required for Human Resource Employees and Managers in California

On September 29, 2020, Governor Newsom signed Assembly Bill 1963 expanding the list of mandated reporters in California.  Existing law, the Child Abuse and Neglect Reporting Act, requires mandated reporters to report whenever they, in their professional capacity or within the scope of their employment, have knowledge of or observe a child whom the mandated reporter knows or reasonably suspects has been the victim of child abuse or neglect.  Failure by a mandated reporter to report an incident of known or reasonably suspected child abuse or neglect is a misdemeanor punishable by up to six months of confinement in a county jail, by a fine of $1000, or both. 

Tags: Training

In an effort to provide employers with more tools to make their workplace safe, the EEOC gave the green light on Thursday April 23, 2020, to test employees for COVID-19.  This announcement comes on the heels of guidance issued last week that confirmed that employers may take temperatures and make inquiries of their employees relating to symptoms of COVID-19. 

Failure to Comply With COVID-19 Requirements May Ignite Class Action Claims

In the first of its kind, a class action lawsuit has been filed in Florida District Court alleging Celebrity Cruises ignored the U.S. Centers for Disease Control and other regulators and allowed “business as usual” instead of heeding warnings. The case was brought under the Jones Act. The class could possibly be as large as 10,000 members.

Categories: Class Action
During COVID-19 Pandemic EEOC Has Paused Issuance of Right-To-Sue Notices

In yet another forum, the novel coronavirus pandemic has disrupted “business as usual.”  The U.S. Equal Opportunity Commission (“EEOC”) confirmed Tuesday that it has largely paused its issuance of key notices that start the clock for workers to sue their employers for discrimination. 

Categories: Litigation
Tags: EEOC
San Francisco— First City in California to Announce It Will Provide Paid Sick Leave Benefits for Employees Affected by COVID-19—Others Will Likely Follow

With the rapid spread of the pandemic—COVID-19, employees have been sent home due to business closures, factory shutdowns, temporary lay-offs, and forced quarantines.  Other employees remain home due to their own illness, to care for someone who has fallen ill, or to care for children who can no longer attend school.  Amongst the chaos, many employees are scrambling to survive to pay rent, monthly bills and other expenses without any source of income.

Deadline for Sexual Harassment Prevention Training Extended to January 1, 2021 for Some Employees

On August 30, 2019, California Governor Gavin Newsom signed urgency legislation to extend the deadline to provide certain employees required sexual harassment training until January 1, 2021.  (Senate Bill 778).  Last year, Senate Bill 1343 amended Government Code section 12950.1 to require employers with five or more employees to provide two hours of sexual harassment prevention training to all supervisory employees and one hour of sexual harassment prevention training to all nonsupervisory employees by January 1, 2020.   

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