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New Employment Laws For 2023

by Teresa R. Tracy As always, the new year also brings many new employment laws for California employers.  Except as indicated below, they become effective January 1, 2023. The following is a summary of state laws only.  Employers need to remember that local jurisdictions frequently have higher requirements that must be complied with if employees…

EEOC Issues FAQs About New Know Your Rights Poster Including a New, New Poster

by: Teresa R. Tracy On October 25, 2022, the Equal Employment Opportunity Commission (EEOC) issued Frequently Asked Questions (FAQs) about its new “Know Your Rights” poster that it had issued that had been available for upload on October 19, 2022.  The FAQs clarify: There is not a specific deadline for employers to replace the former…

EEOC Issues New Mandatory Workplace Poster

by Teresa R. Tracy On October 19, 2022, the federal Equal Employment Opportunity Commission (EEOC) released an updated poster that must now be posted.  The new poster, which is titled “Know Your Rights”, replaces the previous “EEO is the Law” poster.  The new poster now includes a QR code for applicants and employees to link…

California Employers Get No Break From Breaks

by Teresa R. Tracy Another in a series of recent court decisions has made meal and rest break claims significantly more troublesome for California employers. In May 2022, the California Supreme Court held that premiums for missed meal breaks are “wages” that must be reported on wage statements and paid in a timely manner upon…

The New Year Brings the Typical Explosion of New California Employment Laws

by Teresa R. Tracy Happy New Year!  As in years gone by, the new year brings new laws that govern employment in California, summarized below.  Unless otherwise noted, the new requirements become effective January 1, 2022. Exceptions to Independent Contractor ABC Test Certain exemptions to the so-called “AB 5” or “ABC test” for independent contractor…

OSHA’s New COVID-19 Vaccination and Testing Emergency Temporary Standard

by Dana M. Silva By now, most people have heard of President Biden’s vaccination policy aimed at employers with 100 or more employees, implemented through the Occupational Safety and Health Administration’s recently released Emergency Temporary Standard (ETS) titled “COVID-19 Vaccination and Testing; Emergency Temporary Standard.”  President Biden has already issued a vaccination policy aimed at…

Alzheimer’s And The Lawyer: Robert M. Heller Published a Four-Part Series in The Daily Journal Addressing Issues When an Attorney or a Client Shows Symptoms or is Diagnosed

You can click on each topic to take you to the article, (subscription required). Alzheimer’s: Will you know what to do? Part 1: The Duties Owed by Afflicted Lawyers Part 2: The Duties Owed by Partners of Afflicted Lawyer Part 3: Duties Owed by Associates of Afflicted Lawyers Part 4: Litigators’ Duties Owed to Clients…

Fair Value

by Robert M. Heller and Todd M. Lander A fair value appraisal of shares required under California Corporations Section 2000 in shareholder buyouts is quite different from a fair market value appraisal. The law of unintended consequences is a frequent companion to the legislative process. Such is the case concerning California Corporations Code Section 2000,…

ARPA: What Employers Need to Know Regarding Leaves of Absence

by Teresa R. Tracy The Federal Families First Coronavirus Act (FFCRA) expired December 31, 2020.[1]  This leave was extended through March 31, 2021 for employers who voluntarily decided to extend it under the COVID-related Tax Relief Act of 2020 (Tax Relief Act), which was enacted in December 2020.  The American Rescue Plan Act (ARPA) further…

California Imposes Employee Recall Obligations Upon Employers Who Laid Off Workers Due to The Pandemic

As California businesses resume their usual operations and see their staffing needs slowly expand to pre-pandemic levels, employers will now need to contend with the state’s newly enacted employee recall requirements.  On April 16, 2021 Governor Newsom enacted Senate Bill 93 which requires employers in certain industries to prioritize the rehiring of workers laid off…

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