Category Archives: PTWWW Legal Alert

NEW LAWS RE WORKPLACE HEALTH AND SAFETY

Definition Changes – AB 1805 changes the definitions of “serious injury or illness” and “serious exposure” to align with the federal Occupational Safety and Health Administration (OSHA) standards.  Under current law, employers must report to the California Division of Occupational Safety and Health (known as Cal/OSHA) a “serious injury or illness,” which is defined as requiring… Read More »

NOTIFICATION REQUIREMENTS FOR FLEXIBLE SPENDING ACCOUNTS

Current law requires an employer to notify employees of certain employment and benefit information.  AB 1554 requires an employer to notify employees who participate in flexible spending accounts of any deadline to withdraw funds before the plan year’s end in two different ways, which may include email, telephone, text message, postal mail and in-person notification.

ORGAN DONATION LEAVE EXPANDED

AB 1223 amends multiple sections of the Education Code, Government Code and the Labor Code, and adds sections to the Insurance Code.  It expands employee protection for organ donation by requiring employers with 15 or more employees to provide an additional unpaid leave of absence (up to 30 business days per year) to an employee donating an… Read More »

EXPANSION OF PAID FAMILY LEAVE FROM SIX WEEKS TO EIGHT WEEKS

Beginning July 1, 2020, the maximum duration of Paid Family Leave (PFL) benefits individuals may receive from California’s State Disability Insurance (SDI) program will be extended from six to eight weeks, per SB 83.  The PFL program provides partial wage replacement benefits to employees who are absent from work to care for a seriously ill family… Read More »

PROTECTIONS FOR EMPLOYEE PERSONNEL FILES

The 2018 California Consumer Privacy Act (CCPA) changed the consumer data collection rules, allowing consumers to know about and request deletion of data that businesses collect about them, among other things.  The CCPA’s broad language, however, arguably encompasses employees and job applicants, which means employees, upon request, could potentially have information from their personnel files… Read More »

EXPANDED DEFINITION OF DOMESTIC PARTNERSHIP

SB 30 changes how California law defines “domestic partnership.” Under current law, a domestic partnership could be entered into only by either two adults of the same sex, or two adults of the opposite sex who were over the age of 62. SB 30 removes those requirements, allowing any two adults over the age of… Read More »

RISE IN ADA ACTIONS RE WEBSITE ACCESSIBILITY

The Supreme Court has denied a petition from Domino’s Pizza Inc. following a decision by the Ninth Circuit Court of Appeals that ruled in favor of a blind man named Guillermo Robles who sued the chain when he was unable to order pizza off the Domino’s website or mobile app even with screen reading technology. … Read More »

PAGA PENALTIES DO NOT INCLUDE UNDERPAID WAGES

On September 12, 2019, in a rare pro-employer decision, the California Supreme Court in ZB, N.A. v. Superior Court held that Private Attorney General Act (PAGA) plaintiffs cannot recover back wages in addition to civil penalties.  Despite the fact that the Labor Commissioner could collect unpaid wages under California Labor Code section 558, the Supreme Court stated that… Read More »

MINIMUM WAGE INCREASE FOR 2020

As of January 1, 2020 – the minimum wage for employers with 25 or fewer employees goes up to $12/hr As of January 1, 2020 – the minimum wage for employers with 26 or more employees goes up to $13/hr White collar exemptions now require a salary of $1,040 per week or $54,080 per year

LACTATION ACCOMMODATION EXPANDED

California passed another lactation accommodation bill to expand the requirements beyond the 2018 bill.  Currently, employers must provide a location other than a bathroom for lactation accommodation.  SB 142, modeled after San Francisco’s lactation accommodation ordinance, creates expanded accommodation requirements for employers. Specifically, a lactation room must be close to the employee’s work area, shielded from… Read More »