cal osha vaccine mandate

New Developments With OSHA’s Vaccine-Or-Test Mandate for Large Employers

On November 9, 2021, we discussed developments with the new federal OSHA Emergency Temporary Standard for employers with 100+ employees. In that post, we explained how the ETS required such employers to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing, and noted that the United States Court of Appeals for the Fifth Circuit had granted a temporary nationwide stay of the ETS, meaning that the ETS could not be enforced.

Since November 9, new developments have come thick and fast: Read more

california indoor mask mandate

Statewide Mask Mandate for All Indoor Public Settings

On December 13, 2021, the California Department of Public Health (“CDPH”) issued updated guidance requiring Californians to once again to wear masks indoors in “all indoor public settings,” regardless of vaccination status. The mandate will go into effect December 15, 2021, and will run through January 15, 2022.  Los Angeles County and several Bay Area counties already require masks in public settings, so this new mandate will mainly affect about 50% of the state population that lives in counties that currently don’t have their own mask mandate.Read more

Pocket Watch And Five Dollar Bills minimum wage increase

Increases in State and Local Minimum Wages and Injunction on Federal Contractor Vaccine Mandate

Increase in State Minimum Wage

The California minimum wage will increase effective January 1, 2022. For employers with 25 employees or less, the minimum wage will increase to $14.00 per hour, and for employers with 26 or more employees, the minimum wage will increase to $15.00 per hour.

The minimum wage increase also affects employees who are classified as exempt, who must earn at least twice the state’s minimum wage, AND satisfy the job duties criteria for an exempt position.

Starting January 1, 2022, the minimum salary (gross) that must be paid to exempt employees is as follows:Read more

2022 Employment law updates

2022 Employment Law Updates

The California Legislature passed a number of laws that will impact California employers and their business operations in 2022. Below is a list of 17 of the key employment-related bills that have been signed into law by Governor Gavin Newsom.Read more

OSHA Emergency Temporary Standard Vaccine and Mask Requirements

OSHA Emergency Temporary Standard for Employers with 100+ Employees

On November 4, 2021, the federal Occupational Safety and Health Administration (OSHA) issued a new COVID-19 emergency temporary standard (ETS) covering private sector employers with 100+ employees that requires such employers to ensure their workers are fully vaccinated against COVID-19 or submit to weekly COVID-19 testing. The ETS’s effective date is November 5, 2021. The ETS is already subject to extensive litigation. On November 6, 2021, the United States Court of Appeals for the Fifth Circuit granted a temporary stay of the ETS. While the future of the ETS remains uncertain due to pending legal challenges, it may take weeks of planning for employers to comply with the ETS’s deadlines, so prudent employers should continue preparing for the ETS as if it is going to take effect while litigation continues.Read more

photo of hand signing arbitration agreement

9th Circuit Decision on Arbitration Agreements

9th Circuit Decision Makes It Harder for California Employers to Require Employees to Sign Arbitration Agreements as a Condition of Employment

Effective, January 1, 2020, the California legislature had passed a bill, AB 51, making it unlawful for employers to require newly hired employees to sign arbitration agreements as a condition of employment, meaning that it was not a voluntary choice.

Business groups promptly sued to invalidate AB 51. Last year, a federal district judge issued a preliminary injunction barring the state from enforcing the statute, finding that it was pre-empted by the Federal Arbitration Act.Read more

vaccine requirements for los angeles businesses

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VACCINE REQUIREMENTS AFFECTING LOS ANGELES BUSINESSES

Summary

Los Angeles County, the City of Los Angeles, and the City of West Hollywood all recently passed measures requiring certain businesses to limit admission to persons who are vaccinated against COVID-19. The measures are not all the same. Below we summarize the main requirements.Read more

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Refresher on Cal/OSHA rules on exclusion from work; extension to I-9 flexibility policy and EEO-1 reporting deadline

Cal/OSHA rules on exclusion from, and return to, work

On August 31, 2021, we provided an update on the new Los Angeles County isolation and quarantine orders. These govern when, and for how long, persons who either have COVID-19 (isolation order) or were in close contact with a COVID-19 case (quarantine order) must stay away from others (i.e., stay at home) and when this period of isolation/quarantine can end. These orders are similar to, but not quite the same as, Cal/OSHA’s regulations (the Emergency Temporary Standards, or ETS), which govern when employees in California who either have COVID-19 or were in close contact with a COVID-19 case must be excluded from the workplace and when this period of exclusion can end.Read more