Employers with five or more employees are required to participate in CalSavers if they do not already have a workplace retirement plan. CalSavers is a retirement savings program for private sector workers whose employers do not offer a retirement plan. The CalSavers program is being implemented by the state and enables small businesses and employees to make an automatic payroll contribution into a personal IRA retirement account. The program is designed to be self-sustaining, so there will be no taxpayer funding and no employer or state liability for the program and the retirement account is overseen by the CalSavers Retirement... READ MORE

Many families hire workers at their home to provide a variety of services from housecleaning, cooking, child care, as well as elderly care. However, most families are unaware that the same or similar wage and hour laws that apply at places of business also apply to the people who work for them at home. In fact, we have seen an alarming trend of high exposure (Several Hundred Thousand Dollars) domestic worker claims in recent years. Consequently, it is critical that household employers are in compliance with all applicable wage and hour requirements to avoid their exposure to these wage and hour claims.... READ MORE

On March 19, 2021, Governor Gavin Newsome signed a new Covid-19 Supplemental Paid Leave (“SPSL”) into law. The new SPSL is similar to the prior Covid-19 Supplemental Paid Sick Leave law that expired on December 31, 2020. The new law came into effect on March 29, 2021 and applies retroactively to January 1, 2021. The key and important issues to understand are as follows: Covered Employers: All employers with 26 or more employees are covered by the new SPSL. Covered Employees: The new law added 5 additional types of coverages that did not exist in the prior laws. The covered... READ MORE

Congress declined to extend the Families First Coronavirus Response Act (FFCRA) in the second stimulus package to address the COVID-19 pandemic. The FFCRA expired on December 31, 2020 which required employers with fewer than 500 employees to provide paid sick leave and expanded family and medical leave. Employers are no longer required to provide paid leave under the Act, but payroll tax credits are still available to employers that voluntarily provide leave under the FFCRA. If an employer provides leave for FFCRA-eligible reasons and pays employees per specified FFCRA rates, tax credits are available until March 31, 2021. The California... READ MORE

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

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

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

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

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

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