• Posts by Jonathan Judge
    Posts by Jonathan Judge
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    Jonathan Judge advises employers in various labor and employment law matters, including drug testing, mass layoffs (WARN), disparate impact analysis, immigration compliance, trade secrets, privacy, technology in the ...

According to various reports, federal OSHA will release proposed regulations regarding the vaccine mandate for employers with 100 or more employees in the near future.  While such guidance has been eagerly anticipated in the employment community for weeks, California employers will have to wait for further guidance from Cal/OSHA, which has jurisdiction over most California workplaces.  Cal/OSHA recently revised its FAQs as follows: 

On May 3, 2021, the California Department of Public Health issued guidance that fully vaccinated people do not need to quarantine if they are asymptomatic. COVID-19 Public Health Recommendations for Fully Vaccinated People.  On May 7, 2021, Cal/OSHA followed this lead and updated its COVID-19 Emergency Temporary Standards FAQs to reflect the change as follows:

On April 7, 2021, the Department of Labor (DOL) published new model COBRA notice forms as a result of the recent COBRA subsidy program created by the American Rescue Plan Act (ARPA).

On March 19, 2020, Governor Newsom signed Senate Bill 95 (“SB 95”), which requires employers with 26 or more employees to provide up to 80 hours of Supplemental Paid Sick Leave (“SPSL”) to eligible employees.  SB 95 takes effect March 29, 2021, and will expire on September 30, 2021.

Unfortunately, there can be no doubt that the political environment in the United States right now has everyone a little bit on edge, especially in the midst of an ongoing international health crisis.  Passions are running high, and tempers are flaring; however, California employers have particular cause to exercise caution and diligence when their employees voice and/or demonstrate their political beliefs.

DOL Permits Back-of-the-Restaurant Staff to Share in Servers’ Tips

On December 22, 2020, the United States Department of Labor (“DOL”) finalized a rule opening tip pools to employees who do not normally receive tips themselves. As the restaurant industry looks towards easing lockdown restrictions and a hopeful return to “business as usual” in 2021, California restaurants should be mindful of the impact of the DOL’s new regulations.

New Benefits Required In Wine Country: Sonoma County Enacts Supplemental Paid Sick Leave Ordinance

On August 18, 2020, the Sonoma County Board of Supervisors enacted an emergency ordinance to establish supplemental Paid Sick Leave (“PSL”) requirements for private employers with employees who work in its unincorporated areas. The Paid Sick Leave Ordinance (“PSLO”) became operative immediately upon enactment and will run concurrently with the federal Families First Coronavirus Response Act (“FFCRA”), expiring on December 31, 2020; however, the PSLO would be automatically extended by any extension of the provisions of the FFCRA.

 In a 7-2 decision authored by Justice Alito, the U.S. Supreme Court reaffirmed the ministerial exception set forth in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, 565 U.S. 171 (2012).  (Our Lady of Guadalupe School v. Morrissey-Berru, Case Nos. 19-267 and 19-348 (July 8, 2020)(“OLG”)).

Numerous California Cities and Counties Scheduled to Increase Local Minimum Wage July 1, 2020

With the local minimum wage in several California cities increasing on July 1st, employers should take time to verify that they are meeting the minimum wage requirements of the cities in which they operate and prepare for any increases.

On June 15, 2020, the Supreme Court of the United States handed down a landmark opinion for the LGBTQ community and civil rights, holding employees are protected from discrimination based on sexual orientation or transgender status under Title VII of the Civil Rights Act of 1964 (“Title VII”).  Bostock v. Clayton County, Georgia (17–1618, June 15, 2020).

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