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Client Alerts


Labor and Employment

  • Arbitration Agreement Adjustments On The HorizonDecember 29, 2021California juries seem to regularly award gigantic verdicts to employees. On December 16, 2021, a jury awarded a former employee $155.4 million, including $150 million in punitive damages, in Rudnicki v. Farmers Insurance Exchange. This verdict comes on the heels of the $137 million verdict to a former contract employee in Diaz v. Tesla, Inc. in October 2021. While these ... read more
  • Cal/OSHA’s COVID-19 Emergency Temporary Standards Change Yet AgainDecember 22, 2021On December 16, 2021, the California Occupational Safety and Health Standards Board voted to re-adopt the Cal/OSHA Emergency Temporary Standards (“ETS”) on COVID-19 infection prevention, which takes effect on January 14, 2022. The revised ETS includes notable changes, ... read more
  • The Federal Vaccine Mandate Is Back, for Now…December 20, 2021The saga continues regarding the federal vaccine mandates. On November 4, 2021, the federal Occupational Health and Safety Administration (“OSHA”) issued an Emergency Temporary Standard (“ETS”) to require employers with 100 or more employees to have their employees vaccinated or undergo weekly testing by January 10, 2022, among other requirements. The Fifth Circuit Court of Appeals ... read more
  • New Temporary Indoor Mask MandateDecember 14, 2021On Monday, December 13, the California Department of Public Health issued guidance temporarily requiring masks to be worn in all indoor public settings, irrespective of vaccine status from December 15, 2021, to January 15, 2022. The Department of Public Health is concerned about the increased number of hospitalizations and cases in California, as well as the spread of the omicron variant. Some ... read more
  • Employment Arbitration Agreements in the Spotlight AgainSeptember 27, 2021The Ninth Circuit Court of Appeals recently issued a ruling that has caused concern among private employers who use mandatory arbitration agreements as a condition of employment. Background In October of 2019, Governor Newsom signed AB 51 into law, which prohibited employers from requiring job applicants or current employees to enter into arbitration agreements as a ... read more
  • Another Benefit of Arbitration AgreementsSeptember 1, 2021In most circumstances, private employers benefit when they have arbitration agreements with their employees, because arbitration can resolve disputes more quickly with less expense, and the agreements may even ward off frivolous lawsuits. A recent ruling in favor of a Meyers Nave client demonstrated yet another significant benefit. On August 6, 2021, a San Diego Superior Court Judge granted ... read more
  • Is Your Organization’s Website ADA Compliant? Top 4 Things You Need to KnowAugust 11, 2021The number of lawsuits alleging websites are not accessible as required by the Americans with Disability Act (“ADA”) has been growing rapidly in California. Businesses and public entities should proactively update their websites to ensure that they are accessible to individuals with disabilities who are visually impaired, blind, or hard of hearing. 1) What Does It Mean for a ... read more
  • California PERB Decision on UC Vaccination MandateAugust 3, 2021In further proof that employers’ efforts to mandate vaccines has gained momentum, on July 26, 2021, the California Public Employment Relations Board (“PERB”) issued a decision that held that the University of California’s (“UC”) 2020 flu vaccine mandate was either (1) not amenable to bargaining or (2) outweighed the benefit of bargaining. PERB held that the UC’s mandating of ... read more
  • COVID-19 Vaccine MandatesJuly 26, 2021On July 26, 2021, the U.S. Department of Justice released a memorandum that bolsters employers’ efforts to mandate vaccines for its employees to maintain a safe work environment. The memorandum, which does not override state law, makes clear that the COVID-19 vaccines’ FDA emergency use authorization ... read more
  • Immediate Update Required for Calculation of Premiums for Missed Meal and Rest BreaksJuly 23, 2021Ferra v. Loews Hollywood Hotel, LLC On July 15, 2021, the California Supreme Court issued a decision in Ferra v. Loews Hollywood Hotel, LLC that further discourages employers from allowing their employees to miss meal, rest, and recovery breaks and potentially opens employers up to significant retroactive liability. Under California law, private employers are ... read more
  • Update on California’s COVID-19 Emergency Temporary Standards, and OSHAJune 10, 2021In a surprising move, last night, June 9, 2021, in a special meeting, the California Occupational Safety and Health Standards Board withdrew the revisions to Cal/OSHA’s COVID-19 Prevention Emergency Temporary Standards that it had just approved on June 3. The Standards Board may consider new ... read more
  • Round 2: Cal/OSHA Revises Emergency Temporary Standards for COVID-19 PreventionJune 9, 2021June 10 Update: Please click here for the latest news. While many employers were expecting that the California Division of Occupational Safety and Health (“Cal/OSHA”) would follow the lead of the Center for Disease Control to do away with most masking and ... read more
  • Top 10 Questions about California’s New COVID-19 Supplemental Paid Sick Leave Law with Retroactive Paid Time OffMarch 24, 2021California Governor Gavin Newsom signed Senate Bill (SB) 95 on March 19, 2021, which creates new Labor Code section 248.2 and mandates that public and private employers with 26 or more employees provide supplemental paid sick leave (SPSL) for COVID-related absences in addition to paid time ... read more
  • Avoid Costly Timekeeping Errors: California Supreme Court Says Employers May Not Round Meal PeriodsMarch 2, 2021On February 25, 2021, the California Supreme Court issued two important wage and hour rulings regarding meal periods: (1) under California law, employers cannot round time punches to the nearest preset time increment; and (2) time records showing noncompliant meal periods raise a rebuttable presumption of meal period violations. In Donohue v. AMN Services, LLC, Plaintiff Kennedy Donohue ... read more
  • Mandatory vs. Voluntary COVID-19 Vaccination Policies: What California Employers Need To KnowJanuary 15, 2021Now that COVID-19 vaccines are gradually rolling out, employers are asking if they can – and should – require employees to get vaccinated and are considering what they can do if employees refuse. Q: Can employers require employees to obtain COVID-19 vaccinations? A: Likely yes, but employers must be prepared to accommodate employees with disabilities and ... read more
  • 2021 Employment Law Update: A Six-Minute Snapshot of What’s New for EmployersJanuary 6, 2021 In a televised interview with KUSI Good Morning San Diego, Meyers Nave Employment Law Principal Arlene Yang provided a six-minute overview of important employment law changes that impact employers in 2021. Arlene discussed COVID-19 related paid leave laws, questions about mandating COVID-19 vaccines, and the California Family ... read more

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  • Eviction Moratorium and Rental Assistance Update: SB 91 Enacts Changes for Landlords and TenantsFebruary 11, 2021The California Legislature passed Senate Bill 91 just days before the State’s existing COVID-19 Tenant Relief Act was set to expire.  In addition to extending the existing eviction moratorium and approving new rental assistance, SB 91 enacts many new and important changes to unlawful detainer law that impact landlords and tenants.  Since the COVID-19 pandemic began, this is the first time the ... read more