by Adam N. Arce and Julie Ann Giammona The California State Legislature is on the cusp of enacting a law that will revive COVID Supplemental Paid Sick Leave (“SPSL”). While this bill has not yet been signed into law, it will likely go into effect shortly, and will be retroactive to January 1, 2022. As currently drafted, the bill is
Employment and You in 2022: California Laws and Regulations You Need to Know
The labor and employment legal landscape has changed in 2021. The California legislature and Governor Newsom have enacted many new labor and employment statutes that are important for all California employers to know, impacting key areas such as employee leave, arbitration, and Private Attorneys General Act (“PAGA”) claims. Below is a short summary of 11 of the more important changes
ALERT: Wage Theft Equals Grand Theft
On September 27, 2021, Assembly Bill No. 1003 (“AB 1003”) was signed into law. AB 1003 makes the intentional “theft of wages” from an employee a form of “grand theft”, punishable by Penal Code Section 487m. Importantly, AB 1003 defines employee to include independent contractors, and employer to include the hiring entity of the independent contractor, expanding the scope of
Updates on AB 51 and Its Effect on Arbitration Agreements in Employment Contracts
By Adam Nathaniel Arce Background: AB 51 In 2019, Governor Newsom signed into law California Assembly Bill 51 (“AB 51”). AB 51 has the following effects: Prohibits employers from requiring employees to sign arbitration agreements as a condition of employment, requiring instead that the arbitration agreement be entered into consensually by the parties. Prohibits retaliation or discrimination against an employee
DIY for Business Podcast: Protecting Your Company with Guest Jon Babione
The best attorneys keep you out of lawsuits and are there for you if someone does file a complaint. Our goal is to help business owners set up policies to avoid lawsuits given new labor laws that are popping up, especially now with safety regulations and distributed workforces. Listen to the DIY for Business Podcast: Protect Your Company episode where
Lawyer Business Advantage Podcast with Michelle Ferber
To listen to Michelle’s talk with Podcast Producer Alay Yajnik, click here. IN THIS EPISODE, ALAY AND MICHELLE DISCUSS: Keeping focused on the people factor. Creating a culture of trust, flexibility, and productivity. Talent retention, leading and growing your team. KEY TAKEAWAYS: Create a culture where you can trust your employees – give people the ability to do
SOME INSIGHT FROM THE CALIFORNIA LABOR COMMISSIONER’S OFFICE: Affirmative Steps Employers Can Take to Encourage Meal Breaks
In a recent victory on behalf of one of our clients, Ferber Law successfully defeated all claims for alleged missed meal breaks. The opinion of the Labor Commissioner provides insight as to what employers can do to create evidence of providing employees with an opportunity to take a meal break and were not discouraged, impeded or otherwise prevented from taking
Cal/OSHA Revises Emergency Temporary Standards
By Alexandra Saddik On June 17, 2021, Cal/OSHA voted on new Emergency Temporary Standards (ETS). Governor Newsom also signed an executive order waiving the 10-day review period, which means that these new emergency temporary standards took effect immediately. What Has Changed? The purpose of the ETS revisions was to align the workplace requirements with California’s reopening requirements. The revisions made
COVID-19 Vaccinations: What Employers Need to Know
by Alexandra Saddik As the state moves forward with reopening and COVID-19 vaccines become more widely accessible, the guidance on what employers can and cannot do with regards to vaccinations is still ambiguous. Here is where the guidance is currently on the state and federal level, along with some best practices for addressing employment issues in regard to vaccinations. Can
FERBER LAW SPRING 2021 NEWSLETTER
Click the Link to Access the Newsletter: Newsletter_Spring2021