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Be Prepared for California Family Rights Act Leave Beginning January 1, 2021

Employment

Be Prepared for California Family Rights Act Leave Beginning January 1, 2021

Last month’s blog post and newsletter set forth new employment laws coming in 2021, including SB 1382 which provides that effective January 1, 2021, the California Family Rights Act (“CFRA”) will be expanded to apply to smaller employers (with 5 to 49 employees) and not just employers with 50 or more employees.  The following sets forth basic information related to CFRA leave.  You should consult with an employment attorney to discuss any questions you have about implementing a CFRA policy at your organization and to ensure that you are in compliance with this complex law. What is CFRA and Who... READ MORE

SB 1159


By DeAnn Chase November 30, 2020    Category: Business Law

SB 1159

Article written by Gabriela Lamond, Associate Attorney, Chase Law Group, P.C. SB 1159 became effective on September 17, 2020 and created three (3) different rebuttable presumptions with respect to an employee’s claim that he/she contracted COVID-19 at the workplace.  The third presumption, which only applies to employers with five (5) or more employees, also imposes additional employee tracking and reporting requirements. Additionally, SB 1159 requires that employees must exhaust any special COVID-19 related sick leave benefits before receiving any temporary disability benefits, however, employees are not required to exhaust any regular sick leave benefits. 1. March 19 – July 5, 2020... READ MORE

Employers: Avoid Discrimination Claims Due to Coronavirus

The coronavirus pandemic is forcing employers to make tough decisions that could lead to legal consequences, including a rise in discrimination claims. As in all employment-related decisions, it is important to tread cautiously when considering how your business will respond to COVID-19. Crucially, it is important to follow CDC guidance, and avoid "mak[ing] determinations of risk based on race or country of origin," in order to avoid "stigma and discrimination in the workplace." Instead, when deciding whether to send someone home from work, make sure that your focus is on individuals who demonstrate symptoms of potential COVID-19 infection (fever, cough,... READ MORE

What the New 2020 California Laws Mean for Employers

The New Year brings a number of new, significant employment laws for California businesses. These rules range in topic from worker classification to privacy. Employers need to consider these developments, understand how the laws affect operations, and adjust their policies and practices to ensure compliance. Worker Classification One of the biggest, most attention-grabbing changes coming to the workplace in 2020 is AB 5, the new law that clarifies the test used to determine whether a worker is an independent contractor or a normal W2 employee. AB 5 incorporates the “Dynamex ABC Test” into various parts of California’s labor statutes. From... READ MORE

What CA Businesses Need to Know about Sick Leave

Under the Healthy Workplaces, Healthy Families Act, employees in California who work for an employer for at least 30 days within a year (tracked from the beginning of their employment, rather than by calendar year) must be provided paid sick leave. This includes full-time, part-time, and temporary employees. Regulations like this can be confusing. Though the Healthy Workplaces, Healthy Families Act sets out specific paid sick leave requirements, the exact amount that you as an employer may owe to any individual employee can depend on a number of factors. One of these factors is which way you decide to calculate... READ MORE

CA Harassment Training Requirement Deadline Extended

In response to outcry from the business community, Governor Newsom signed into effect a law extending the deadline for employers to provide the newly required sexual harassment prevention training to January 1, 2021. At the prompting of the business community, the state legislature introduced and passed SB 778 to make some needed clarifications to the new sexual harassment prevention training law. Primarily, SB 778 would delay the changes made by SB 1343 – one of the many #MeToo laws passed in the 2018 legislative session – so employers would have an additional year to get up to speed with and... READ MORE

Understanding Workers Comp in California

As a business owner, there are many steps you will need to take when hiring employees including finding a payroll system that works for your business, drafting an employee handbook outlining your business’ policies and procedures, and purchasing workers compensation insurance. Some of these steps, like purchasing workers compensation insurance, may seem insignificant or something that can be put off but they are critical to avoiding government fines, costly audits, and being left with a financial burden if an employee is injured on the job. To help you better understand what your workers compensation policy means for your business, we’ve... READ MORE

Preparing to Fire an Employee


By DeAnn Chase January 22, 2019    Category: Business Law

Preparing to Fire an Employee

In California, employees are regularly hired “at-will,” meaning that companies can, and do, let them go at any time and for (just about) any reason. However, there is more to letting someone go than just saying “you’re fired” and escorting them from the building. Because of the likelihood of an employee-employer relationship turning sour upon termination, it’s a particularly good idea for a company to have a formal, objective termination policy in place. A termination policy can also help to protect your business in instances of accusations that an employee was let go for a reason that is not legally... READ MORE

Crafting an Employee Handbook

As your business grows and you employ a number of people in different positions, you’ll want to consider putting together (and then periodically updating) an employee handbook. This document should be clear, well written, easy to search, and cover a number of different aspects about how your company’s policies will be applied. A handbook not only helps employees understand what is expected of them, but it also protects you in any potential future disagreement with your employees. Having clearly-written policies, which are then properly enforced, can be an integral defense in a labor dispute, and can even help prevent such... READ MORE

A Look Back at 2018


By DeAnn Chase December 03, 2018    Category: Business Law

A Look Back at 2018

2018 has been an incredibly eventful year! This year, there were a number of developments in a number of sectors, including important changes in employment law, data security and privacy regulations, and tax rules and regulation. In this newsletter, we’ll “look back” on these developments and highlight for you some of the key changes from 2018 that may affect your business. Employment Independent contractors: California presumes that all workers are employees unless a business is able to demonstrate that they meet every element of the ABC Test: The worker is free from the control and direction of the hirer in... READ MORE